Find out about the process we follow to assess applications for consent to invest in New Zealand.

Step 1: We check and accept your application

When we receive your application, we will check it to see if it is complete.

  • If your application is incomplete, we will let you know what is missing. We will not start working on the application until it is accepted.
  • If your application is complete, we will provisionally accept it and send you an invoice for the relevant fee. When the fee is paid, your application will be fully accepted, and assessment will begin.

In our acceptance letter we will tell you who will assess the application, and how long it will take.

Assessment timeframes

Percentage of applications returned at acceptance by month

graph showing percentage of applications returned

*Current month's stats are month-to-date

Month Name Percentage Rejected
May 2020 15 %
Jun 2020 0 %
Jul 2020 12 %
Aug 2020 21 %
Sep 2020 16 %
Oct 2020 5 %
Nov 2020 10 %
Dec 2020 10 %
Jan 2021 0 %
Feb 2021 19 %
Mar 2021 26 %
Apr 2021 13 %
May 2021 0 %

 

Step 2: We assess your application and recommend a decision

During assessment we will consider all relevant aspects of both:

  • The investor – see Investor test
  • The investment, including – where relevant – the potential benefits to New Zealand.

We will start to form a view on whether your application meets the requirements of the Act and whether to recommend the application be approved or declined. We may ask questions, ask you for further information, and/or determine that it will take more time that we originally expected. If this happens, we will notify you as soon as possible.

We will advise you as soon as we can if we intend to recommend that your application be declined.

Declining an application

Statutory declarations

During the assessment process we will require you to make these statutory declarations:

  • A declaration verifying that the information contained in the application is true and correct
  • Declaration(s) that the individuals with control of the relevant overseas person are of good character or are not unsuitable to own or control a sensitive New Zealand asset.

When we request the statutory declarations, we will send you the relevant templates to use.

Prepare a statutory declaration

Conditions

All approved consents are subject to standard conditions. These provide our expectations of all overseas people who are given consent to acquire sensitive New Zealand land or significant business assets. Some consents are also granted with special conditions that apply only to you, and were the most important considerations that influenced the decision to give consent.

Conditions are enforceable. If you do not meet them, you may be required to dispose of the land and/or be subject to fines or other penalties.

Comply

Standard conditions

By law, every consent granted is subject to these conditions:

  • The information provided by each applicant to the OIO or the Ministers in connection with the application was correct at the time it was provided.
  • Each consent holder must comply with the representations and plans they made or submitted in support of the application and were notified by the OIO as having been taken into account when consent was granted, unless compliance should reasonably be excused.

Overseas Investment Act 2005, s25B

Special conditions

If we plan to impose special conditions, we may give you an opportunity to comment on the draft consent, and the conditions that will apply to it, before the final decision is made. Please note that the decision-maker decides what conditions should be imposed and these may be different to the draft conditions sent to you for comment.

See examples of our conditions.

Conditions - Land (example) PDF | 132.48 KB

Conditions - Intention to reside (example) PDF | 114.99 KB

Conditions - Significant business assets (example) PDF | 95.16 KB

Step 3: The decision-maker grants or declines your application

We will either decide your application under Ministerial delegation or submit our recommendation to the relevant Ministers to decide.

We will notify you of the decision and provide you with a notice of decision. We will also provide a draft decision summary of the information we propose to publish on our website for your comment.

If consent is granted, we will also list the conditions imposed on that consent.

Delegated powers

Latest decisions

Step 4: We publish the decision on our website

Once we have your comments on the draft decision summary, we will decide on the final content of the decision summary and publicly release it on our website. This happens at the end of the month following the month in which the application was decided. For example, if an application is decided on 15 March, the decision would be published on 30 April.

Privacy, confidentiality, and sharing of information

Last Updated: 2 June 2021