Selling New Zealand Assets to Overseas Investors

Overseas investors need only apply to the Overseas Investment Office (OIO) for consent if they plan to acquire sensitive land or significant business assets worth more than $100 million.

Land requiring consent

Sensitive land is determined by the types of land and area thresholds detailed in the legislation. While determining sensitive land is sometimes straightforward, often significant legal and land expertise is required. See sensitive land.

Effect on transactions

Applying for consent generally requires significant legal and land expertise. Overseas persons should seek assistance from a professional adviser as early as possible to help ensure a smooth transaction.

A sale and purchase agreement should include a specific condition that the purchaser obtains consent under the Overseas Investment Act 2005 if required.

Assessment timeframes should be factored into the agreement. Find out more about application assessment and timeframes.

Advertising farm land

If you are selling farm land that requires consent, the OIO will look to ensure the land was offered for acquisition on the open market to persons who are not overseas persons. See standards for farm fand advertising.

Offering back special land to the Crown

Special land (land that includes foreshore, seabed, riverbed or lakebed) may need to be offered back to the Crown before consent can be granted. Note that special land generally increases the timeframe for application assessment. See offer back of special land.

Breaches

The Court may cancel a transaction if it determines that requisite overseas investment consent was not granted. A party who was not required to obtain consent can also cancel a transaction.

Confidentiality

Please note that applications submitted to the OIO are a public record. The OIO publicly releases a short summary of every consent that is granted or declined. Learn more about privacy/confidentiality.

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
• Lifestyle properties and new migrants
• Determine if a Person is Ordinarily Resident in New Zealand.

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.