Find out about investing in sensitive land when you are intending to live in New Zealand indefinitely.

What is covered by this pathway?

This consent pathway is intended to support overseas persons who are in the process of moving to New Zealand to make it their home and want to invest in sensitive land.

Overseas person definition 

Identifying non-residential otherwise sensitive land

Note: This consent pathway does not include land that is classified as sensitive solely because it is residential land. If you want to buy or build a home on residential land, see:

Buying or building one home to live in

Do I need consent?

You will need to apply for consent if you meet the definition above.

Assessment criteria

If you apply for this type of consent, we expect that you:

  • hold a residence class visa or entrepreneur work visa, and
  • can provide evidence of activities, plans and supporting evidence that show your intention to live permanently in New Zealand within 12 months.

Supporting evidence could include the following:

  • In New Zealand:
    • buying real property
    • establishing a business or incorporating a company
    • becoming resident for tax purposes
    • becoming part of the community (for example, by enrolling children in local schools)
    • making long-term investments
    • moving all your personal possessions to New Zealand.
  • In your former country of residence:
    • selling real property
    • closing a business or liquidating long term investments
    • ceasing to be tax resident
    • moving all your personal possessions.

Note: A simple assertion that you intend to remain indefinitely is not likely to be enough.

The Immigration New Zealand website has information about possible visa options:

All visa options for living permanently – Immigration New Zealand

Overseas persons who are not individuals

If the overseas person applying for this consent is not an individual, for example, if they are a trust, then each of the individuals with control must either be:

  • a New Zealand citizen, or
  • ordinarily resident in New Zealand, or
  • intending to live in New Zealand indefinitely.

Relevant overseas person and individuals with control

Conditions of consent

If consent is granted, it is very likely that conditions will be imposed requiring all relevant individuals to:

  • move to New Zealand within 12 months of the date of consent, and
  • become ordinarily resident in New Zealand within 2 years of the date of consent.

If these conditions are not satisfied, we may require you to sell the land.

Ordinarily resident in New Zealand

Apply

Find information and resources to help you apply for consent online.

Apply

Legislation

Section 16 of the Overseas Investment Act 2005 outlines the criteria for consent for overseas investments in sensitive land.

Overseas Investment Act 2005, s16

Last Updated: 31 May 2021