Decision Summary - Brookfield Infrastructure Group (comprising Brookfield Asset Management Inc., Brookfield Infrastructure L.P. and Brookfield Americas Infrastructure Fund)

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Decision Consent granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision date 12 November 2009
Investment An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in up to 48.0% of the stapled securities of Babcock & Brown Infrastructure Group which owns or controls:
  • a freehold interest in 0.9233 hectares of land at 40 Alach St, Gate Pa; and
  • a freehold interest in 0.2022 hectares of land at 11 Main Rd, Tairua (SH 25).
An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in up to 48.0% of the Stapled securities of Babcock & Brown Infrastructure Group, the value of the assets of Babcock & Brown Infrastructure Group and its 25% or more subsidiaries being greater than $100m.
Consideration $1,837,700,000 (being the book value of the assets as at 30 June 2009)
Applicant Brookfield Infrastructure Group (comprising Brookfield Asset Management Inc., Brookfield Infrastructure L.P. and Brookfield Americas Infrastructure Fund)
Various (100.0%)
Vendor Existing Shareholders of Babcock & Brown Infrastructure Group
Australia (97.06%), New Zealand (2.34%), Various (0.6%)
Background Babcock & Brown Infrastructure Group’s (BBI) key New Zealand asset is Powerco Limited, which operates electricity and gas distribution and transmission businesses throughout New Zealand. Brookfield invests in long term, high quality infrastructure and sees value in Powerco’s underlying assets and in doing so will help maintain Powerco’s ability to continue its operations. The investment will provide BBI with crucial access to funding.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was satisfied by particular reference to the following factors:
  • Overseas Investment Act 2005
    • 17(2)(a)(i) – Creation/Retention of jobs
    • 17(2)(a)(ii) – New technology or business skills
    • 17(2)(a)(v) – Additional investment for development purposes
  • Overseas Investment Regulations 2005
    • 28(c) – Affect image, trade or international relations
    • 28(f) – Advance significant government policy or strategy
More information Chris Bargery
Russell McVeagh (Auckland)
PO Box 8
AUCKLAND

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