Find out how to prepare a statutory declaration as part of your application to the Overseas Investment Office.
A statutory declaration is a written statement signed in front of an authorised person and declared to be true.
Making a statutory declaration
The Oaths and Declarations Act sets out the form your declaration must take, and the person authorised to take it. These are different depending on whether you live in or outside of New Zealand:
- In New Zealand Oaths and Declarations Act 1957, s9
- Outside New Zealand Oaths and Declarations Act 1957, s11
We will ask you to provide statutory declarations in the following situations. We will provide you with a template containing the declaration text when it is required.
To confirm your application or notification is true and correct
You must declare that all information you provide in your application is true and correct. If you are notifying us of a transaction, the same applies.
To confirm your commitment to reside in New Zealand
If you are applying under one of our residence-based investment pathways, you may need to provide a statutory declaration that you intend to live, and become tax resident, in New Zealand.
To confirm you meet the investor test
You may need to declare that you meet the investor test, which covers factors relating to your character, capability, and immigration eligibility. If the overseas person is not an individual, all individuals with control of the overseas person must make this declaration.
If you have previously met the investor test and there have been any changes since information was last provided, you will need to also provide a clear explanation of the offence, contravention, or other matter in your declaration.
To confirm your ongoing compliance with conditions
We can request you to provide a statutory declaration that you have complied with the conditions of your consent or, if you have breached a condition or conditions, the reasons for this and the steps that you intend to take to remedy it.
We can only accept statutory declarations if they:
- are correctly dated
- are originals
- are witnessed and signed by an authorised person
- include the name and qualification of the authorised person underneath the signature to show the basis for their authority (for example, solicitor)
- are in the form required by either section 9 or section 11 of the Oaths and Declarations Act (depending upon whether you are in or outside New Zealand).
The Oaths and Declarations Act details the procedure for making declarations, roles that are authorised to witness them, and the form that declarations must take.
The Overseas Investment Act provides for the taking of statutory declarations to confirm information provided by an investor.
- Confirm intention to reside: Overseas Investment Act 2005, s5
- Confirm application is true and correct: Overseas Investment Act 2005, s23
- Confirm compliance with conditions: Overseas Investment Act 2005, s40
- Confirm notification true and correct: Overseas Investment Act 2005, s87