Charlie Qiao
Immigration Lawyer
View profileNew Zealand has restrictions on overseas investment in certain types of property and business assets. If you are an overseas person, you may need consent under the Overseas Investment Act before you can buy residential or other sensitive land, or acquire certain significant business assets.
The rules depend on who you are, what you are buying, and how the investment is structured. Getting the position right before you make an offer can avoid delays and, more importantly, avoid committing to a transaction that cannot proceed.
Whether you need consent is not always straightforward. Your citizenship, residency status, the way you hold the property, and the nature and location of the asset can all be relevant.
We can assess your circumstances and the proposed transaction early, so you know whether consent is required and what needs to happen before you proceed.
The Overseas Investment Act can apply to transactions involving:
There are different rules, exemptions, consent pathways and criteria depending on the type of investment. We can help you understand which rules apply to your transaction and what they mean in practice.
Overseas investment consent is a separate process from the purchase itself. It can involve specific requirements, supporting information and conditions, and may affect the timing of your transaction.
Where consent is required, we help you address it as part of the transaction from the outset rather than discovering it after you have committed.
How we can help
Questions
It is not always obvious. Your citizenship, your residency status, how you hold the property and who controls the buying entity can all matter. We assess it against your circumstances rather than assuming.
Residential land. Sensitive land, including certain rural and coastal property. Significant business assets. Certain investments in New Zealand businesses, and transactions involving overseas ownership or control.
Before you make an offer. Consent is a separate process from the purchase, with its own requirements and its own timing, and it is far better planned for than discovered.
The purchase can stall at settlement, or unwind after it. That is the risk the early check exists to remove.
It can. Consent may carry specific conditions and ongoing obligations, which is why we map them before you commit rather than after the decision arrives.
It depends on the pathway and the information required, so we will not quote you a number here. We will tell you what the process involves for your transaction and build it into the timetable.
Yes. We assist with Overseas Investment Office consent applications and coordinate the investment process through to settlement.
Our experts
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If you are considering buying property or investing in a New Zealand business and are based overseas, it is worth checking your position before you commit.
We can help you understand the rules, deal with any consent requirements, and structure the transaction so there are no unnecessary surprises later.