Michael Fay (banker)

For other people of similar name, see Michael Fay (disambiguation).

Sir Michael Fay (born 1949) is a New Zealand merchant banker and partner in the merchant bank Fay Richwhite. He was educated at St Peter's College, Auckland, St Patrick's College, Silverstream and Victoria University of Wellington (LL.B - 1972).

He is one of the ten richest men in New Zealand. His personal wealth was largely acquired during the late 1980s and early 1990s, which included the period in which he had a significant role in the structural adjustment of the New Zealand economy undertaken by New Zealand's Fourth Labour Government. He is thought to be worth in excess of $700 million.

Fay Richwhite

Michael Fay and David Richwhite are best known for gaining wealth in a series of loosely regulated privatization and asset swapping transactions that occurred between 1986 and 1993 - involving their companies European Pacific, Capital Markets and Fay Richwhite and the former state owned operations Bank of New Zealand, Tranz Rail and Telecom New Zealand, and the pension accounts associated to them.

Deals were done in which Fay and Richwhite personally gained over half a billion dollars (2.2% of NZ's 1985 GDP^[1]) from a country on the verge of bankruptcy,^[2] while their minority shareholders lost $277 million,^[3] by in part imitating the offshore financial practices outlawed in Europe and America 30 years prior.

One notable transaction among these actions was their role as advisors to the government on the sale of New Zealand Rail Limited to overseas interests; a deal in which Fay and Richwhite later brought 31.8 per cent of the shares, and were subsequently investigated for insider trading by NZ authorities.

While taxpayers in New Zealand had no legal redress on these funds due to the lax regulatory environment and the ability and skill of Fay and Richwhite to undertake ground breaking deals without legislative guidance, the pair promptly re-domiciled to Switzerland following Fay's knighthood,^[4] awarded for services to sport (see below).

Securities Commission case

In October 2004 the New Zealand Securities Commission accused Richwhite and Midavia Rail Investments, a company owned by Richwhite and Fay, of insider trading. Richwhite was alleged to have tipped off Midavia to sell $63 million worth of Tranz Rail shares, whilst knowing Tranz Rail faced financial problems undisclosed to the public. In June 2007, Midavia paid $20 million^[5][6] to settle insider trading proceedings relating to Tranz Rail. The commission stated that the payments had been made "without any admission of liability". The settlement is the largest of its kind ever seen in Australasia.

America's Cup

Fay backed New Zealand's first America's Cup campaign in 1987, which won through to the challenger's final before losing to a US entry from San Diego.

In 1988 Fay backed a challenge to the San Diego Yacht Club, who had just won the America's Cup. Rather than wait three to four years and join a general international challenge as had been the custom for thirty-five years, he had his legal team review the original Deed of Gift. The Deed of Gift was the document drawn up by the owners of the 100 Guineas Cup, won by the yacht America, to offer the cup for international competition. The deed did not specify a time delay between challenges, nor were competitors limited to compete in a particular class of boat, nor did boats have to be the same size or class. Fay financed the creation of KZ 1, a large single-hull yacht which complied with the original Deed of Gift but was much larger and hence faster than the 12-metre class boats which had been used for America's Cup competition for many years. Dennis Conner, skipper of the American defender, responded by building the multihull Stars & Stripes (US-1). Court actions followed which decided that both boats complied with the original Deed of Gift.^[7] The Stars & Stripes catamaran easily won. The bad press generated by Fay's heavily litigious approach to yacht racing^[8] heralded an era of better management and agreement for future challenges.

Michael Fay was knighted in 1990, for services to sport, something which remains controversial.^[4]

Sir Michael Fay was inducted into the America's Cup Hall of Fame in 2002.

Sport and Domicile

Fay is also the chairman of and was the financial backer of the Samoa national rugby union team.

Fay now resides in New Zealand and owns Great Mercury Island, situated off the Coromandel Peninsula.

See also

• For some more biographical details: List of alumni of St Peter's College, Auckland

References

1. ^ "GDP by Country (1985)". Nationmaster.com. Archived from the original on 2011-02-12. http://www.nationmaster.com/graph/eco_gdp-economy-gdp&date=1985. 
2. ^ New Zealand's Fiscal Crisis. http://books.google.co.nz/books?id=O7GengF2vvEC&pg=PA268&lpg=PA268&dq=1984+zealand+currency+crisis&source=bl&ots=XVEO0_Oi4m&sig=CGprHwYn7rMgVr8KubtyALK-afU&hl=en&ei=E-LsSqC5LoT-tQOE1931Aw&sa=X&oi=book_result&ct=result&resnum=10&ved=0CCwQ6AEwCQ#v=onepage&q=1984%20zealand%20currency%20crisis&f=false. 
3. ^ Brian Gaynor (August 28, 1999). "Winebox winners and losers". New Zealand Herald. Archived from the original on 2011-02-12. http://www.nzherald.co.nz/topic/story.cfm?c_id=316&objectid=12689. Retrieved 2007-07-05. 
4. ^ ^{a b} "Strip Fay of His Knighthood". New Zealand Herald. Archived from the original on 2011-02-12. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10446793. 
5. ^ "Securities Commission settles insider trading case with Midavia and Richwhite". 18 June 2007. Archived from the original on 2011-02-12. http://www.sec-com.govt.nz/new/releases/2007/180607.shtml. 
6. ^ Midavia, Richwhite insider trading case settled Archived 12 February 2011 at WebCite
7. ^ Mercury Bay Boating Club v San Diego Yacht Club, Opinion of the Court, State of New York Court System, http://www.courts.state.ny.us/REPORTER/archives/mercury_sandiego.htm, retrieved 2007-11-21 
8. ^ Rich Roberts (April 2, 2009). "Think this is ugly? You should have seen 1988". Scuttlebutt News. Archived from the original on 2011-02-12. http://www.sailingscuttlebutt.com/news/08/0212a/. 

External links

• Emirates team New Zealand
• 33rd America's Cup, KZ-1

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Name	Fay, Michael
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Date of birth	1949
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