Make a submission

Plaman Resources currently have an application with the Overseas Investment Office (OIO) to purchase 400 hectares of land surrounding the 42 hectares they already own. This purchase is required to make their proposal commercially viable as it would allow them to fully exploit Foulden Maar and establish mine infrastructure that will operate 24/7.

In mid-2018, the OIO said the decision was imminent, and Plaman Resources stated they expected the land purchase to be completed by December 2018. However, as of May 2019, it has not made a decision.

The OIO and decision-making Ministers aren’t required to consult the public on applications, however, they do accept submissions from people and organisations (third parties).

As a member of the public, you can support our campaign by making a submission calling for Plaman’s application to be declined.

What should my submission include?

Any public submission to the OIO must speak to a specific set of criteria and factors that are relevant to an OIO application. Some of the things you could speak to are included below.

The investor test

All applications to the OIO must prove that they can pass the investor test. This specifically looks into the company or individual’s:

  • Business experience and acumen. 
  • Demonstrated financial commitment
  • Good character

A full summary of what the “investor test” covers can be found on the LINZ website.

The benefit to New Zealand test

Because Plaman’s application is for non-urban sensitive land over 5 hectares, they must also prove that the investment is likely to benefit New Zealand. Therefore, your submission could speak to some of the reasons why the destruction of Foulden Maar by Plaman is not of benefit to New Zealand. 

Ministerial Directives

In addition to the above talking points, a series of ministerial directives were set by the Minister for Finance in 2017, which could be spoken to in a public submission. These include:

  • That [foreign investment] is environmentally sustainable, minimising adverse impacts on the natural environment, and is likely to create positive and long-lasting environmental benefits.
  • That it provides economic, environmental, social and cultural benefits to regional communities.

A full summary of what these directives include can be found on the LINZ website and in this letter (PDF).

Who should I send my submission to?

You should send your submission in writing to the Overseas Investment Office. This can be done by post or email (oio@linz.govt.nz).

It may also be helpful to copy (CC) the following ministers:

Will my submission be public?

The OIO is bound by the Official Information Act 1982. This means the information you provide, including your personal details, may be released. For more information, please visit Land and Information New Zealand’s website.

Once it has received your submission, the OIO will then write to the applicant, who will be asked to comment on the submission, which means your submission will be shared with Plaman Industries Limited.

Is there a time limit on making a submission?

There is no formal deadline for public submissions. If you would like to make a submission, we recommend that you do it as soon as you are able. This will allow enough time for it to be considered prior to a decision being made, which could happen at any time.

Example submissions

Submission based on criteria and factors relevant to OIO applications (PDF)

Submission based on ministerial directives (PDF)

Further reading

Making a submission about another person’s planned investment (LINZ)

Questions?

If you have any questions about this process, please feel free to contact us (action@savefouldenmaar.org.nz) or contact LINZ for official guidance.