Glenn Shewan
Glenn returned to Bell Gully in early 2012, bringing a wealth of international experience to the team. Glenn advises on all aspects of competition law, having assisted clients with large-scale cartel investigations and advised on misuse of market power issues. Prior to returning to Bell Gully, he was a managing associate in the London office of a leading magic circle firm, where he advised clients on the competition aspects of global M&A transactions, including Rio Tinto on its acquisition of Canadian aluminium producer Alcan and its proposed iron ore joint venture with BHP Billiton. Since returning to New Zealand, Glenn has advised Vodafone on its successful application for clearance to acquire TelstraClear (a transaction that combined New Zealand's second and third largest telcos) and Bauer Media on its acquisition of rival magazine titles, in addition to providing a range of advice on mergers and behavioural issues to many of New Zealand's largest companies.
Publications
- Searches by the Commerce Commission, February 2014
- Gearing up for the Cartels Bill: the Commission's draft guidelines, November 2013
- A bite at Apple ' the e-books case, August 2013
- Proposed Commerce Act changes, May 2013
- New Commerce Commission merger guidelines, April 2013
Practice Area
Panel
- Contributing Author
Education
- LLB (Hons), BCom (economics), University of Canterbury
- PostGrad Dip. Economics for Competition Law, Kings College, London
- Admitted 2003, New Zealand
- Admitted 2005, Victoria Australia
- Admitted 2009, England & Wales
1 Contributions by Glenn Shewan
PRACTICE NOTES
New Zealand Overseas Investment Act: FDI screening, OIO consent thresholds, national interest and NSPO call-in, sensitive land, significant business assets, process, timelines, penalties, exemptions, and 2025-26 reforms
1. What is the applicable legislation?
Foreign direct investment in New Zealand is regulated by the Overseas Investment Act 2005 (the Act), the Overseas Investment Regulations 2005 (the Regulations), and the Fisheries Act 1996.
2. Which government or other body (or bodies) reviews foreign investments?
The Overseas Investment Office (OIO) is the authority chiefly responsible for administering the Act. Certain categories of transactions may additionally be reviewed by the Minister of Finance, the Associate Minister of Finance, the Minister for Land Information and/or the Minister of Fisheries.
3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)?
The Act applies to specified investments made by ‘overseas persons’ in:
business assets exceeding defined monetary thresholds
land regarded as ‘sensitive’ (which can include residential and rural land)
particular sensitive industries (described in further detail below), and
fishing quota
The Act defines an ‘overseas person’ as:
an individual who is neither a New Zealand citizen nor ordinarily resident in New Zealand, or
a body corporate:
that is
...
Competition
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