Hon Andrew Bayly
Minister of Commerce and Consumer Affairs

The Government has placed companies associated with Du Val Group, a developer of large-scale residential property projects in Auckland, into statutory management, Commerce and Consumer Affairs Minister Andrew Bayly says.

“Du Val Group has recently gone into interim receivership, leaving significant liabilities. The situation is complex and of such a scale that immediate intervention is required to prevent broader harm.

“Statutory management is the option of last resort used to deal with complex corporate failure where ordinary insolvency law is inadequate. It is intended to protect investors and creditors from further losses, and to enable the orderly administration of a company's affairs.

“Du Val Group is made up of about 70 entities, including 46 subsidiaries, and 20 special purpose vehicle limited partnerships. There are between 120–150 investors, home buyers and commercial lenders tangled up and given the number people involved it’s important we ensure the process is orderly and fair.

“By placing Du Val into statutory management, all current insolvency processes are suspended, enabling the affairs to be dealt with by one team of people, rather than multiple insolvency processes unfolding simultaneously.

“The decision to put the companies into statutory management follows a recommendation by the Financial Markets Authority (FMA). The FMA made its recommendation based on its ongoing investigations and following a report from the Court-appointed interim receivers.

“Following Cabinet’s approval, the Governor-General has made an Order in Council. This decision is effective from today.”

The order applies to four core Du Val Corporations and 20 associated persons (all limited partnerships), along with 46 subsidiaries. One subsidiary is excluded as it is 50 per cent owned by a third party and operates independently of the Du Val Group.

The Government has appointed John Fisk, Stephen White and Lara Bennett of Price Waterhouse Cooper (PwC) New Zealand as statutory managers. This follows their recent appointment by the High Court as interim receivers for the Du Val Group.

Notes

• The order can be found here.
• The full list of entities involved can be found on the PwC website.
• Du Val investors and creditors with questions on the statutory management process should contact PwC New Zealand at nz_duval@pwc.com.

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