Do I need Consent to Invest in New Zealand?

You may need to apply to the Overseas Investment Office (OIO) for consent if you wish to acquire sensitive land, or business assets worth more than $100 million.

Persons requiring consent

You are an overseas person if you are neither a New Zealand citizen, nor ordinarily resident in New Zealand. A company or a trust can also be an overseas person.

Note that different rules apply depending on the type of overseas person. You may also require consent if you are an associate of an overseas person.

Land requiring consent

Sensitive land is determined by the types of land and area thresholds detailed in the Overseas Investment Act 2005. While determining sensitive land can sometimes be straightforward, often significant legal and land expertise is required, particularly if there are nearby waterways.

Obtaining consent

Applicants for consent must satisfy a number of criteria, including the core “investor test” criteria. In addition, consent to acquire sensitive land will only be granted if:

• the transaction will, or is likely to, benefit New Zealand, or alternatively
• the relevant overseas person intends to reside in New Zealand indefinitely.

Some types of land (such as farm land) also have specific consent criteria.

Next step

Determining if consent is required and applying for consent generally requires significant legal and land expertise. Seek assistance from a professional adviser as early as possible to help ensure a smooth transaction.

For help finding and engaging a lawyer in New Zealand, please contact the New Zealand Law Society. You can also browse decisions to find lawyers with experience in overseas investment applications.

The OIO cannot give legal advice or consider draft applications.

Legislation

The OIO administers the Overseas Investment Act 2005 and the Overseas Investment Regulations 2005. Regulation 33 of the Regulations outlines certain transactions that are exempt from the consent requirement. The OIO also administers sections 56 to 57J of the Fisheries Act 1996, relating to acquiring fishing quota.

Further information

• frequently asked questions.

Disclaimer

This website provides general information only. The OIO and LINZ do not assume any responsibility for giving legal or other professional advice and disclaim any liability arising from the use of the information. If you require legal or other expert advice you should seek assistance from a professional adviser.