Technical Resources
The Overseas Investment Office (OIO) publishes the following resources to help interpret the legislation and to outline the OIO’s approach. You can also find forms, templates and diagrams.
1. How to apply for consent
Here you’ll find a suggested format and standards for presenting applications. Check how to illustrate ownership structure. more...
Download this resource:
Download this resource:
2. Lifestyle properties and new migrants
Overseas persons acquiring property primarily for lifestyle purposes should read this guide. New migrants intending to reside in New Zealand may be eligible for concessional treatment. more...
Download this resource:
3. Determining if a person is ordinarily resident
Individuals who are ordinarily resident in New Zealand are not overseas persons under the Act and the consent requirement does not apply. more...
Download this resource:
4. Associate provisions
These provisions capture situations where overseas investments are indirectly owned or controlled by an overseas person (eg through an associate of an overseas person), including less formal arrangements or understandings, as well as transactions adjoining associated land. more...
Download this resource:
5. Determining ownership or control interest
Find out how the OIO measures ownership or control interest, relevant to determining if discretionary trusts, body corporates and other persons are considered overseas persons. You can also find out about loan arrangements, security arrangements, and aggregating the interests of unrelated overseas persons. more...
Download this resource:
6. International transactions
An international transaction is the sale of a sensitive New Zealand asset in another jurisdiction. Transactions outside New Zealand may be captured by the Act where the target directly or indirectly owns or controls land, securities or assets in New Zealand. more...
Download this resource:
7. The investor test
Check the evidence the OIO requires to assess the four core criteria detailed in section 16 and section 18 of the Act, referred to by the OIO as "the Investor Test". more...
Download this resource:
8. Sensitive land
Find out about determining sensitive land, the consent criteria for applications for consent to acquire sensitive land and the OIO’s flowcharts to help interpret the sensitive land tables. more...
Download this resource:
9. Benefit to New Zealand factors
Find out the OIO’s approach to assessing the factors in section 17 and regulation 28, relevant to section 16(1)(e)(ii) - determining if an investment will benefit New Zealand. Also check the OIO’s approach to determining “substantial and identifiable benefit” in section 16(1)(e)(iii). more...
Download this resource:
The OIO will be updating this technical resource. In the meantime, when preparing applications, please also see the counterfactual analysis update document prepared by the OIO.
Download this resource:
10. Offer back of special land
Find out about special land in the Act (foreshore, seabed and the beds of rivers and lakes) and the OIO’s procedure for offering land back to the Crown. more...
Download this resource:
11. Land type areas
How the OIO assesses land types and land area thresholds, including non-urban land, unit-titled land, associated land, leases and multi-story buildings. more...
Download this resource:
12. Standards for advertising farm land
Farm land or farm land securities must be offered for sale on the open market before an overseas person can acquire the land. Check the procedure, minimum standards and exemptions for advertising. more...
Download this resource:
13. Exemptions - Schedule 3 and 4
Find out how to apply to the OIO to be exempted from the consent criteria as a portfolio investor or New Zealand controlled person. more...
Download this resource:
14. Acquiring business assets and fishing quota
Check the consent criteria for applications to acquire significant business assets (which do not include sensitive land) or fishing quota. more...
Download this resource:
15. Preparing a statutory declaration to OIO
The OIO requires statutory declarations for a number of purposes. Check the guidance here to ensure declarations meet the requirements of the Act. more...
