Published date
Topic
Overseas investment

Kia ora koutou

Welcome to the first spring edition of Pānui!

You may have heard about proposed changes to the Overseas Investment Act to allow overseas-based investors with a New Zealand investor residence visa to buy or build a house here. In this edition, we provide you with a brief update and clarify that the current rules continue to apply until the law changes.

We’ve also just launched a homebuyer eligibility tool on our website to help users quickly understand when they can purchase residential property. Users can find out whether a home can be acquired without restrictions, with consent, or not at all – based on their personal circumstances.

The outcome of a LINZ investigation into breaches of the Overseas Investment Act was released in a High Court judgment earlier this month. Penalties of nearly a million dollars were ordered for an Auckland couple, and their companies, who purchased property on behalf of overseas buyers without consent.

And lastly, thank you for participating in our recent customer survey. Hearing from you helps improve our processes and ensures we are providing the best service.

Ngā mihi

Rebecca McAtamney
Head of Regulatory Practice and Delivery
Toitū Te Whenua Land Information New Zealand

New visa types and overseas investment rules

The Government has announced its intention to change the Overseas Investment Act to allow overseas-based investors with a New Zealand investor residence visa to buy or build a house here, to encourage more investment. Under the proposals, investors would be limited to houses that can be bought or built for at least $5 million.

You can read the Prime Minister’s statement on the Beehive website:
Change announced for overseas investors

Find out more about the Active Investor Plus visa on the Immigration New Zealand website and the Invest NZ website:
Active Investor Plus Visa
About Active Investor Plus, invest and live in New Zealand

Until any changes come into effect the existing rules continue to apply.

We understand amendments to the Act are intended to be passed into law before the end of 2025 and anticipate changes would take effect in early 2026. We will update you as soon as we are able.

For now, a person needs consent under the Overseas Investment Act to buy residential land for personal use unless they are a New Zealand citizen or ‘ordinarily resident’. To be ordinarily resident in New Zealand, a person must:

  • hold a residence class visa
  • have lived in New Zealand for the past 12 months
  • have been present in New Zealand for at least 184 days in the past 12 months.

To be eligible for consent, a person must hold a residence class visa and be buying the property to use as their main home or residence. The rules require a person to live at the property and to sell it if they do not. We cannot give consent for a person to acquire a holiday home or rental property.

Online tool helps overseas buyers navigate homeownership in NZ

An online tool to support overseas people interested in buying or building a home in New Zealand has been updated and is now available on the LINZ website.

The Homebuyer Eligibility Tool helps users quickly understand when they can purchase residential property – whether without restrictions, with consent, or not at all – based on their personal circumstances.

By selecting the options that reflect their situation, users are guided through the relevant criteria and provided with tailored information to help them make informed decisions.

The tool, which was previously available on the Immigration New Zealand website, has been refreshed and relocated to the LINZ website, where it now sits alongside other investment resources.

This move reflects LINZ’s commitment to making overseas investment rules more accessible and transparent for overseas investors and homebuyers.

You can explore the tool at:
Homebuyer eligibility tool

To find out more about buying or building residential property in New Zealand visit:
Buying residential property to live in

High Court judgment for breaches of the Act

Early this month, the High Court ordered an Auckland real estate agent and her partner to pay penalties for breaching the Overseas Investment Act by acquiring properties as associates of overseas persons.

Following a LINZ investigation, it was found that the pair had each entered into arrangements to purchase properties on behalf of overseas persons without consent. Three different companies were used to buy two of the properties with penalties awarded against each of them.

The penalties so far amount to nearly a million dollars, with a further penalties hearing next year for properties that have not yet been sold. The couple admitted wrongdoing and have been ordered to sell properties that were acquired without consent.

Read the High Court judgment:
Enforcement action taken

Overseas investment customer survey – results are in

Thank you to everyone who took part in our second overseas investment customer satisfaction survey in June. The survey went out to customers who contacted us in March and April this year, and once again we have been pleased with the feedback received.

The responses show that 78% of people were satisfied with the service they received when contacting the overseas investment team. Respondents also rated their interaction with us as being easy. We also appreciate the feedback which outlines areas where we can improve.

The overseas investment team receives a significant number of customer questions and requests, many of which are complex given the nature of our work. Making sure our customers receive responses that are quick, friendly and helpful is a real focus for us. We’re planning to send out more surveys in future to continue to collect valuable feedback and we’ll keep you up to date here in Pānui.

Decision summaries for August

Decision summaries are published the month after a decision is made. The latest decision summaries are listed here, including standing consent notifications.

Benefit to New Zealand

Significant business asset only

  • 202500411 - Shift4 Payments, LLC
  • 202500480 - Mercury Capital 22-A, B, C, and D Pty Limited
  • 202500469 - KPMG South ASPAC Group Holdings LLP

Special Forestry Test

Residential land development

Exemption – Discretionary

Exemption - Farm land advertising

  • 202500462 - Aquila Capital SG HoldCo Pte. Limited
  • 202500272 - Withheld under s(9)(2)(b)(ii) of the Official Information Act.

Exemption - Large Apartment Development

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