Charlie Qiao
Immigration Lawyer
View profileOverseas Investment Act
Buying property in New Zealand? Check the rules before you commit.
New 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.
Do the rules apply to you?
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.
What may require consent?
The Overseas Investment Act can apply to transactions involving:
- Residential land
- Sensitive land, including certain rural and coastal property
- Significant business assets
- Certain investments in New Zealand businesses
- Transactions involving overseas ownership or control
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.
Deal with consent early.
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
We can assist with the following.
- Assessing whether you are an overseas person under the Act
- Identifying whether the proposed property or transaction is subject to the Overseas Investment Act
- Advising on whether consent is required
- Advising on the appropriate consent pathway
- Reviewing sale and purchase agreements and relevant conditions
- Assisting with Overseas Investment Office consent applications
- Advising on consent conditions and ongoing obligations
- Coordinating the investment process through to settlement
Questions
Frequently asked questions.
Am I an overseas person?
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.
What sorts of transactions can need consent?
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.
When should I check?
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.
What happens if consent is needed and we have not got it?
The purchase can stall at settlement, or unwind after it. That is the risk the early check exists to remove.
Does consent come with conditions?
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.
How long does it take?
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.
Can you handle the application itself?
Yes. We assist with Overseas Investment Office consent applications and coordinate the investment process through to settlement.
Our experts
Who does this work.
Related articles
Writing and updates.
Insight
Who counts as an overseas person
Citizenship and residence are only the start of it. Ownership and control can bring a New Zealand entity within the Act.
Read more →Insight
Sensitive land is wider than it sounds
Land near the coast, a lake or a reserve can be sensitive even where the property itself is unremarkable.
Read more →Insight
Consent conditions do not end at settlement
A grant can carry obligations that continue for years. What to plan for before you accept them.
Read more →Next step
Get advice before you make an offer.
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.