title: Balancing the benefits of overseas investment against the protection of sensitive land: New Zealand’s approach

authors: Williamson, Myra Elsie Jane Bell

subjects: Overseas investment law

abstract: The Government’s economic strategy aims to build a productive, sustainable and inclusive economy. Overseas investment contributes to this when it brings with it new jobs and increases productivity, which is the biggest determinant of people’s living standard in the longer term.” Overseas investment often attracts controversy: there are conflicting opinions on the need for it and way in which it can best be managed. New Zealand has actively encouraged overseas investment since at least 1973 when the Overseas Investment Commission (OIC) was established by the Overseas Investment Act 1973. In the past 47 years, the law pertaining to the management of overseas investment in New Zealand has undergone significant changes, reflecting the changing policies of successive governments. The current entity is the Overseas Investment Office (OIO), which is a regulatory unit within Land Information New Zealand (a government department). The OIO is responsible for administering New Zealand’s overseas investment laws. The OIO is engaged with “realising the benefits of overseas investment, while protecting New Zealand’s sensitive land and assets”, which is a difficult balancing act. The Act states that it is a privilege for overseas persons to own or control sensitive New Zealand assets. New Zealand is a great place to “do business” – currently it’s ranked the best in the world. It’s also a great place in which to invest and New Zealand encourages overseas investment so long as there is a “benefit to New Zealand”. That means, any overseas person wishing to buy sensitive land or business assests must demonstrate that their investment will, or is likely to, benefit New Zealand (or any part of it, or a group of New Zealanders). If the land is over five hectares, then the benefits must be substantial and identifiable. Decision-makers take into account 21 economic, environmental and cultural factors when deciding if the overseas investor passes that test. This test is “unique among global investment screening regimes. Its closest comparator is Canada’s ‘net benefit’ test, but that focuses on economic factors.” This paper will proceed on the assumption that—in accordance with the principles and purposes of comparative law—every legal system has something to learn from every other system; knowing how other legal systems have tackled an issue can inform national lawmaking since virtually all legal systems face the same problems. For international scholars with an interest in overseas investment law, the paper will provide an overview of New Zealand’s approach. The paper will discuss what is meant by “benefit to New Zealand”, a crucial test that any potential “overseas person” must satisfy. The paper will also discuss the recent changes to the meaning of “sensitive land” which now includes all residential land, significant business assets and fishing quota. In a nutshell, overseas persons (or associates of overseas persons) now need prior consent from the OIO before they can purchase sensitive land or business assets. The paper will explain key legislative provisions and some recent court decisions one of which resulted in an order for an overseas person to divest itself of its entire interest in two properties for failure to obtain consent before purchasing, in addition to a substantial civil penalty. Interestingly, getting prior legal advice provides no protection from the OIO’s powers. The overall purpose of this paper is to explain how one jurisdiction (New Zealand) is managing overseas investment and how it seeks to achieve a balance between the benefits and risks.

text: Balancing the benefits of overseas investment against the protection of sensitive land: New Zealand’s approach The Government’s economic strategy aims to build a productive, sustainable and inclusive economy. Overseas investment contributes to this when it brings with it new jobs and increases productivity, which is the biggest determinant of people’s living standard in the longer term.” Overseas investment often attracts controversy: there are conflicting opinions on the need for it and way in which it can best be managed. New Zealand has actively encouraged overseas investment since at least 1973 when the Overseas Investment Commission (OIC) was established by the Overseas Investment Act 1973. In the past 47 years, the law pertaining to the management of overseas investment in New Zealand has undergone significant changes, reflecting the changing policies of successive governments. The current entity is the Overseas Investment Office (OIO), which is a regulatory unit within Land Information New Zealand (a government department). The OIO is responsible for administering New Zealand’s overseas investment laws. The OIO is engaged with “realising the benefits of overseas investment, while protecting New Zealand’s sensitive land and assets”, which is a difficult balancing act. The Act states that it is a privilege for overseas persons to own or control sensitive New Zealand assets. New Zealand is a great place to “do business” – currently it’s ranked the best in the world. It’s also a great place in which to invest and New Zealand encourages overseas investment so long as there is a “benefit to New Zealand”. That means, any overseas person wishing to buy sensitive land or business assests must demonstrate that their investment will, or is likely to, benefit New Zealand (or any part of it, or a group of New Zealanders). If the land is over five hectares, then the benefits must be substantial and identifiable. Decision-makers take into account 21 economic, environmental and cultural factors when deciding if the overseas investor passes that test. This test is “unique among global investment screening regimes. Its closest comparator is Canada’s ‘net benefit’ test, but that focuses on economic factors.” This paper will proceed on the assumption that—in accordance with the principles and purposes of comparative law—every legal system has something to learn from every other system; knowing how other legal systems have tackled an issue can inform national lawmaking since virtually all legal systems face the same problems. For international scholars with an interest in overseas investment law, the paper will provide an overview of New Zealand’s approach. The paper will discuss what is meant by “benefit to New Zealand”, a crucial test that any potential “overseas person” must satisfy. The paper will also discuss the recent changes to the meaning of “sensitive land” which now includes all residential land, significant business assets and fishing quota. In a nutshell, overseas persons (or associates of overseas persons) now need prior consent from the OIO before they can purchase sensitive land or business assets. The paper will explain key legislative provisions and some recent court decisions one of which resulted in an order for an overseas person to divest itself of its entire interest in two properties for failure to obtain consent before purchasing, in addition to a substantial civil penalty. Interestingly, getting prior legal advice provides no protection from the OIO’s powers. The overall purpose of this paper is to explain how one jurisdiction (New Zealand) is managing overseas investment and how it seeks to achieve a balance between the benefits and risks.

year: 2020

title: Role of growth factors in the regulation of skeletal muscle mass, fibre type and fibre size

authors: Martyn, Julie Anne Kerr

abstract: Growth factors play an important role in the regulation of the growth and development of many tissues including muscle. Muscle is derived from somitic cells that differentiate to form myoblasts. These myoblasts then fuse to form myofibres. As these myofibres mature they take on the morphological, biochemical and physiological properties of mature muscle fibres. It is the plasticity of muscle fibres with respect to these properties that gives skeletal muscle its remarkable ability to adapt to different conditions of loading and usage. The aim of this thesis was to determine the role of growth factors in regulating muscle fibre type and fibre size in two different models of altered muscle mass.

Bovine muscle development was examined in normal foetuses (NM) and in double-muscled Belgian Blue foetuses (DM) carrying a mutation in the gene for myostatin. Muscle fibre type and fibre size were characterised using semi-automated computer-assisted image analysis after myofibrillar ATPase histochemical staining. Plasma IGF levels were measured, IGF-1 mRNA was measured using in situ hybridisation and IGF receptor binding was analysed by receptor autoradiography. Myostatin mRNA was analysed using semi-quantitative RT-PCR.

Skeletal muscle hypertrophy and atrophy were induced m adult rabbits by immobilisation of the hind limb with muscles in a lengthened and shortened position respectively. Fibre type and fibre size changes were analysed as described above and myostatin mRNA expression levels were measured using Northern blot analysis and semi-quantitative RT-PCR.

Results showed there was a biphasic change in the percentage of type 1 muscle fibres in both NM and DM, with the percentage initially declining, then increasing again. The percentage of type 1 fibres was consistently lower in DM. Circulating levels of IGF-1 increased with gestational age and levels of IGF-1 and IGF-2 were not different between NM and DM. IGF-1 mRNA expression in skeletal muscle declined with age in a pattern that was unrelated to changes in fibre type. Levels of IGF-1 mRNA were lower in DM during late gestation and this decrease was temporally linked to a reduced area of type 1 fibres in DM at this stage of development. Myostatin mRNA declined with gestational age, and levels of the mutant mRNA were higher in DM.

In induced hypertrophy, myostatin mRNA expression was lower than in controls and in atrophy, myostatin mRNA was elevated at 2 days but not at 6 days. There were no changes in fibre type or fibre size over the treatment period. Myostatin protein was evenly localised to all muscle fibre types.

In conclusion, IGF-1 appears to be unrelated to changes in fibre type during bovine muscle development, but may play a role in the regulation of fibre size. The DM condition is associated with a change in fibre type, but the role of myostatin in mediating this change remains unknown. Changes in myostatin mRNA in response to induced hypertrophy and atrophy strongly suggest an important role for myostatin as a negative regulator of skeletal muscle mass in postnatal animals.

text: Role of growth factors in the regulation of skeletal muscle mass, fibre type and fibre size Growth factors play an important role in the regulation of the growth and development of many tissues including muscle. Muscle is derived from somitic cells that differentiate to form myoblasts. These myoblasts then fuse to form myofibres. As these myofibres mature they take on the morphological, biochemical and physiological properties of mature muscle fibres. It is the plasticity of muscle fibres with respect to these properties that gives skeletal muscle its remarkable ability to adapt to different conditions of loading and usage. The aim of this thesis was to determine the role of growth factors in regulating muscle fibre type and fibre size in two different models of altered muscle mass.

Bovine muscle development was examined in normal foetuses (NM) and in double-muscled Belgian Blue foetuses (DM) carrying a mutation in the gene for myostatin. Muscle fibre type and fibre size were characterised using semi-automated computer-assisted image analysis after myofibrillar ATPase histochemical staining. Plasma IGF levels were measured, IGF-1 mRNA was measured using in situ hybridisation and IGF receptor binding was analysed by receptor autoradiography. Myostatin mRNA was analysed using semi-quantitative RT-PCR.

Skeletal muscle hypertrophy and atrophy were induced m adult rabbits by immobilisation of the hind limb with muscles in a lengthened and shortened position respectively. Fibre type and fibre size changes were analysed as described above and myostatin mRNA expression levels were measured using Northern blot analysis and semi-quantitative RT-PCR.

Results showed there was a biphasic change in the percentage of type 1 muscle fibres in both NM and DM, with the percentage initially declining, then increasing again. The percentage of type 1 fibres was consistently lower in DM. Circulating levels of IGF-1 increased with gestational age and levels of IGF-1 and IGF-2 were not different between NM and DM. IGF-1 mRNA expression in skeletal muscle declined with age in a pattern that was unrelated to changes in fibre type. Levels of IGF-1 mRNA were lower in DM during late gestation and this decrease was temporally linked to a reduced area of type 1 fibres in DM at this stage of development. Myostatin mRNA declined with gestational age, and levels of the mutant mRNA were higher in DM.

In induced hypertrophy, myostatin mRNA expression was lower than in controls and in atrophy, myostatin mRNA was elevated at 2 days but not at 6 days. There were no changes in fibre type or fibre size over the treatment period. Myostatin protein was evenly localised to all muscle fibre types.

In conclusion, IGF-1 appears to be unrelated to changes in fibre type during bovine muscle development, but may play a role in the regulation of fibre size. The DM condition is associated with a change in fibre type, but the role of myostatin in mediating this change remains unknown. Changes in myostatin mRNA in response to induced hypertrophy and atrophy strongly suggest an important role for myostatin as a negative regulator of skeletal muscle mass in postnatal animals.

year: 1999

title: Taking quality work to a new brilliance: Tama Ma on tour [Review]

authors: Crawford, Terri Ripeka

subjects: Tama Ma

abstract: Choreographers: Taiaroa Royal and Taane Mete; Douglas Wright; Michael Parmenter  Okareka Dance Company at Telecom Playhouse Theatre, WEL Energy Trust Academy of Performing Arts, Hamilton
From 17 Jun 2009 to 20 Jun 2009 

Reviewed by Terri Ripeka Crawford, 22 Jun 2009.

text: Taking quality work to a new brilliance: Tama Ma on tour [Review] Choreographers: Taiaroa Royal and Taane Mete; Douglas Wright; Michael Parmenter  Okareka Dance Company at Telecom Playhouse Theatre, WEL Energy Trust Academy of Performing Arts, Hamilton
From 17 Jun 2009 to 20 Jun 2009 

Reviewed by Terri Ripeka Crawford, 22 Jun 2009.

year: 2009