Investor Presentaiton
Overview of the Overseas Investment Act
Regulating overseas investment into New Zealand
OVERSEAS INVESTMENT OFFICE
What's changing and why
Reform of New Zealand's overseas investment law supports overseas investment into New
Zealand by simplifying the Overseas Investment Act 2005 and reducing the screening of low-
risk transactions. The reforms also ensure that the right checks and balances are in place to
protect New Zealand's economy, communities, and national security.
Role of OIO
The Overseas Investment Office (OIO), part of Toitū Te Whenua (Land Information New Zealand), regulates
overseas investment in New Zealand's sensitive land, significant business assets, and fishing quota. The OIO
assesses notifications and applications for consent under the Overseas Investment Act 2005. It also monitors
and enforces compliance with the Act.
Toitū Te Whenua
Land Information
New Zealand
Key sources
Overseas Investment Act 2005
The Act governs overseas investment in
sensitive assets in New Zealand. The Act sets
out criteria for applications for consent for
overseas investments, notification of
transactions, and gives powers to impose
conditions on investments and manage
risks.
Overseas Investment Regulations 2005
The Regulations provide detail on how the Act
is applied. The Regulations set out processes,
procedures, definitions, and thresholds, and
describe certain types of investors and
investments that are exempt from the Act.
Ministerial Directive Letters
Directive Letters set out the Government of the
day's priorities and policy approach to regulating
overseas investment into New Zealand and guide
how the OIO considers applications and focuses
assessment effort.
Further information
More information on the overseas investment
regime, and copies of the current Ministerial
Directive Letters and delegation of functions,
duties and powers are on the Toitū Te Whenua
website: linz.govt.nz/overseas-investment
The Overseas Investment Act 2005 and
Overseas Investment Regulations 2005 are
available on the New Zealand legislation
website legislation.govt.nz.
More information on New Zealand's foreign
investment policy and national interest
guidance is available on the Treasury website
treasury.govt.nz.
Changes to the Act
×
Removing
lower-risk
transactions
0
Simplifying
investor
requirements
Adjust the definition of
overseas person.
New investor test.
Introduce new exemptions.
Increase the threshold for
screening of leases.
Refine scope of the national
interest test.
Allow incremental investments
within control thresholds.
New repeat and standalone
investor tests.
Consolidate factors in the
benefits test.
Simplify the counterfactual
requirement.
Managing higher
risk investments
Refine and focus scope of the
national interest test.
New National Security and
Public Order notification
regime allows proactive
assessment of investments in
particular higher-risk sectors
and industries.
Increasing
stewardship
responsibilities
Stronger enforcement and
monitoring powers.
Increased recognition in the
benefits test for kaitiakitanga,
sites of sensitivity to Māori and
access to those sites.
Tighter requirements for farm
land to be advertised for sale
within New Zealand first.
Temporary emergency
notification powers.
New requirements for fresh and
seawater areas (previously
special land).
Statutory timeframes for
overseas investment decision
processes.
10/21
Disclaimer: This outline provides high-level general information only. It does not constitute legal or other advice. The OIO recommends all overseas investors seek independent expert legal advice on their responsibilities and obligations.
www.linz.govt.nz/oio
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