Find out how to structure your claim for benefits to New Zealand.

When to make a claim

Only address the benefits that are likely to flow from the investment. You are aiming to clearly demonstrate a benefit to New Zealand through meeting one or more of the benefit factors, not by meeting as many of the benefit factors as possible.  Generally you should only make a claim where:

  • A factor is relevant to the investment;
  • You can satisfy the key elements of the factor;
  • The applicant is prepared to deliver that benefit (benefit claims will be subject to conditions and post consent monitoring); and
  • The benefit is additional to that which is likely to occur without the overseas investment.

Making unnecessary or frivolous claims is likely to increase the assessment timeframe.

How to structure a claim

Irrelevant factors

If a factor is not relevant, state ‘not relevant’ and briefly explain why, for example:

‘This factor is not relevant as the land does not contain any areas of vegetation or habitats of indigenous fauna’ as is evidenced in the aerial photos provided at Appendix X.

If you have identified a factor as not being relevant to the overseas investment, do not make long submissions about a vaguely related matter.

Relevant factors

In making a benefit claim:

  1. Review the technical guidance for the relevant factor, and respond fully to all of the points listed in the ‘Making a Claim’ section.
  2. Provide specific evidence to support your claim, including relevant calculations, figures, timeframes and explanations. Quantify the benefit where possible, particularly for the economic factors in section 17(2)(a).
  3. Where applicable, provide a counterfactual submission under each claim.

Note: Please also use consistent figures for currency (for example, NZ$ or US$) and weight (for example, kilos, tray carton equivalents, litres, etc.). It is difficult to assess benefits, and compare them to the counterfactual, if inconsistent measures have been provided. Your evidence should show that a claimed benefit would likely exceed what would occur under the counterfactual.

General advice on making benefit claims

  • Be concise and write in plain English. Use headings and tables where appropriate and explain industry specific terminology. Vaguely worded claims are likely to result in either the application not being accepted for assessment; a request for clarification or further information; or the decision maker concluding that the claimed factor has not been met.
  • Identify whether the plan/benefit is contingent on another event (eg. obtaining resource consent). When will this occur?
  • If necessary, provide more detailed analysis and supporting evidence in a separate report, attached as an appendix to your application. Any reference to the report in your claim should be to the specific section of the report that evidences your claim. A report supports a benefit claim; it is not a substitute for a claim.
  • Ensure the information you provide is consistent across your application and the supporting documents you provide.
  • It is also useful to identify under each relevant benefit factor an outline of the condition you are prepared to accept in relation to your claim, including the timeframe for undertaking the action you claim you will make.

Common mistakes

  • Not clearly focussing on whether a factor is relevant to the investment – or treating every factor as potentially relevant.
  • Not addressing one or more elements of the relevant factor. Read the words of the factor as set out in our technical guidance and the Act and Regulations and ensure you respond fully to each of the elements.
  • Claiming benefits that are likely to occur regardless of the investment. There must be a causal connection between the benefit and the investment and the benefit must be in addition to what would likely occur under the counterfactual.
  • Failing to apply (or correctly apply) the counterfactual to a benefit claim. It is not sufficient to simply state that an alternative New Zealand purchaser would not do something - you must explain why. It is up to you to demonstrate that there is a net benefit – we will not do the research required.
  • Making the same benefit claim under more than one factor. Choose the factor that is most relevant to the claimed benefit.

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.

Last Updated: 15 February 2017