When fees are charged
Toitū Te Whenua charges fees to assess applications to invest in sensitive New Zealand assets. These can be for a consent, variation or an exemption.
Fees are intended to ensure effective cost recovery and to provide visibility of the assessment process. The fees reflect:
- the type of application
- the complexity of the application
- whether the minister or our staff make the final decision.
Fee payments
Fees are designed to align with the time spent on the different phases of the assessment process.
For most applications only one application fee is payable at the time of filing, these are:
- Primary consent for businesses and land
- Production forestry
- Sensitive land: One home to live in – individual
- Sensitive Land: One home to live in – entity
- Sensitive Land: $5m plus house
- Sensitive land: Apartment off the plans
- Investor Test: Standalone
- Investor Test: Reassessment
- Variations
- Exemptions.
The single application fee covers all of the work required to receive, assess, and monitor an application. You can either request an invoice for the fee before filing, or we will send you an invoice after filing. We will not begin assessing the application until the application fee is paid.
For some applications three fees are payable. These are:
- lodgement fee
- assessment fee
- monitoring compliance fee.
These fees generally apply to longer assessments such as a farm land benefit or fishing quota application.
You may request an invoice to pay all three fees at the time of filing. We only recommend this if you are certain which assessment and monitoring fees will apply to your application as this will vary depending on the application type and whether it is standard or complex. If you are unsure, we recommend contacting us prior to requesting the fee, or requesting the lodgement fee only when applying.
1. Lodgement fee
This is for the initial assessment work that occurs before an application is accepted for processing.
- A standard fee of $13,300 is payable prior to or on lodging of your application.
- Your application should include proof of payment of the lodgement fee.
At the initial assessment we review your application to determine the appropriate assessment and monitoring compliance fee that will apply.
If your application requires a lodgement fee you need to request an invoice from us prior to submitting your application.
2. Assessment fee
This fee reflects the substantive assessment of an application.
- When your application is accepted after the initial review, you will receive an email confirmation from our office informing you of this, advising of the assessment fee that will apply, and letting you know that an invoice will follow shortly.
- Upon receipt of the invoice, you must make payment online within the timeframe set out in the invoice.
- If payment of the assessment fee is delayed, this will delay the substantive assessment of your application.
Note that complex assessment fees apply to benefit to New Zealand consent applications with complex ownership arrangements.
Standard or complex assessment
3. Monitoring compliance fee
This fee reflects the work involved in monitoring compliance of conditions. The fee is payable once the substantive assessment has been completed.
- The fee varies with application type.
- The fee is payable at the same time as the assessment fee.
Standard or complex assessment fees
Standard and complex assessment fees apply to applications for consent under the benefit to New Zealand pathway. The assessment fee that applies will be determined as part of the initial assessment.
An application is considered complex where is it under the benefit to New Zealand pathway and there are:
- 5 or more relevant overseas persons (ROPs), or
- 10 or more individuals with control (IWCs) of the relevant overseas person.
Find out more about relevant overseas persons and individuals with control
The complex fees reflect the assessment complexity associated with some applications under the benefit to New Zealand pathway due to the sensitivity of assets acquired under this pathway, the criteria applied, and the investor risk profile associated with complex corporate structures. The use of ROP and IWC to determine complexity is intended to provide a transparent and objective measure for determining the fee.
The determination of the number of ROPs and IWCs for the purpose of determining the assessment fee is not related to whether an investor test assessment will apply to these entities or individuals. ROPs and IWCs may include New Zealanders where these entities or individuals have an ownership or control interest in the investment. Where all entities or individuals have previously met the investor test, a discount to the assessment fee may be applied.
Fees are outlined in the Overseas Investment fees and penalties schedule.
When administrative penalties are charged
Administrative penalties are payable in addition to the relevant application fee in the situations outlined below:
- Late filing of documents: Late filing of a document with LINZ, if the document is required under the Overseas Investment Act or Regulations as a condition of a consent or exemption.
- Retrospective consent or exemption: An administrative penalty may be required to be paid for retrospective consent or exemption. The amount of this penalty will vary depending on the value of consideration paid for the transaction and the pathway the retrospective application is made under.
Payments
How to pay Overseas investment fees and penalties
Queries
For questions regarding fees contact us.