Updated Overseas Investment Act in effect
The Overseas Investment Act has been amended by the Government to better reflect the benefits international investment can bring to New Zealand’s economy, while providing the appropriate regulatory tools to proportionately manage risks to New Zealand’s national interest.
The reforms in the Overseas Investment (National Interest Test and Other Matters) Amendment Act came into effect on 6 March 2026. The updated Act applies to all applications lodged since this date.
The scope of what is screened has not changed, but how certain less sensitive assets are screened has.
The reforms are designed to target screening towards more sensitive transactions, which will make it simpler and faster to invest in New Zealand.
You can find the updated Overseas Investment Act 2005 on the New Zealand legislation website:
- Overseas Investment (National Interest Test and Other Matters) Amendment Act
- Overseas Investment Act 2005
Key changes include:
- revising the Act’s purpose statement to explicitly acknowledge the role of overseas investment in increasing economic opportunity, while continuing to acknowledge that it is a privilege for overseas persons to own or control sensitive New Zealand assets
- allowing overseas based investors with an ‘Active Investor Plus’, Investor 1, or Investor 2 residency visa to buy or build a house worth $5 million or more
- consolidating the national interest, benefit to New Zealand, and investor tests into a single test for all assets other than farmland, fishing quota, and residential land (for which the existing consent pathways remain).
Overseas investment policy is led by The Treasury, with LINZ providing operational support and advice.
Implementing the Amendment Act
Information to assist investors and legal advisers to understand the changes to the Overseas Investment Act is set out below.
New consent pathways
LINZ has implemented three new consent pathways under the national interest test. These are a primary consent pathway for significant business assets and sensitive land, a production forestry pathway for sensitive land used for production forestry, and a $5million plus house pathway for qualifying investor visa holders.
Primary consent and forestry pathways
Links to the updated application form, primary consent standard conditions, production forestry standard and special conditions, and production forestry investment plan are below and are also available at this link along with other information resources about the overseas investment regime.
Application forms and information sheets
These new forms and conditions apply from 6 March 2026.
The application form was updated in December to prepare for the changes so there are minimal changes to the new form.
The conditions of consent are different to previous standard conditions and should be read carefully.
Qualifying investor visa holders
Applications for qualifying investor visa holders to buy or build a house worth more than $5million can now be accepted under the $5million plus house pathway.
Applicants must hold one of three qualifying investor class visas:
- Active Investor Plus
- Investor 1 resident visa
- Investor 2 resident visa.
Any offers to purchase a property must be conditional on gaining consent under the Overseas Investment Act.
A new webform is available along with supporting guidance for applicants and their advisers.
The form requests details of the investor visa holder including their passport and visa, the address of the property being acquired, as well as ownership and control information if the investor is buying the land through a trust or company.
Apply for consent to buy a house under the $5million plus house pathway:
Find out more about $5million plus house applications:
Consent under the Overseas Investment Act will generally be granted within five working days.
Invoicing and fees
Updated fees for applications under the new rules are now in effect.
The fee for applications for primary consent or production forestry consent is one fee of $22,800 (inc. GST).
The fee for qualifying investor visa holder applications for $5million plus house consent will be between $2,040 and $3,500.
Our webform to request an invoice has been updated to allow applicants to request the new fees for the new pathways.
If a lodgement invoice has already been requested for an application you intend to file after 6 March 2026, please contact us.
Assessment timeframes
While the statutory timeframe for the new pathways will be 15 working days, LINZ will aim to assess most applications under the new pathways within five working days.
View information on LINZ's performance against assessment timeframes - Overseas investment information dashboards
Ministerial Directive Letter
View the new Ministerial Directive Letter - Legislation, Ministers and delegated powers.
This letter replaces and supersedes the Ministerial Directive Letter issued on 4 June 2024.
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