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Limited Partnerships Act 2008

Overseas limited partnerships

105: Meaning of carrying on business

You could also call this:

"What it means for an overseas business to be 'carrying on business' in New Zealand"

Illustration for Limited Partnerships Act 2008

When you think about an overseas limited partnership carrying on business in New Zealand, it includes them managing or dealing with property in New Zealand. You can be an agent, personal representative, or trustee, and you can do this through employees or in other ways. This is what the law says about overseas limited partnerships.

If an overseas limited partnership is involved in certain activities in New Zealand, it does not mean they are carrying on business here. You might be a party to a legal proceeding, hold meetings, or have a bank account, and this is okay. These activities do not mean you are carrying on business in New Zealand.

There are other things you can do in New Zealand without being considered as carrying on business, like selling property through someone else or collecting debts. You can also invest your funds, hold property, or be a partner in a New Zealand limited partnership, and this is still not considered carrying on business. The law has more details about what is allowed, and you can compare this to s 332 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1139275.

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Part 3Overseas limited partnerships

105Meaning of carrying on business

  1. For the purposes of this Part,—

  2. a reference to an overseas limited partnership carrying on business in New Zealand includes a reference to the overseas limited partnership administering, managing, or dealing with property in New Zealand as an agent, personal representative, or trustee, and whether through its employees or an agent or in any other manner:
    1. an overseas limited partnership does not carry on business in New Zealand merely because in New Zealand it—
      1. is or becomes a party to a legal proceeding or settles a legal proceeding or a claim or dispute; or
        1. holds meetings of its partners or carries on other activities concerning its internal affairs; or
          1. maintains a bank account; or
            1. effects a sale of property through an independent contractor; or
              1. solicits or procures an order that becomes a binding contract only if the order is accepted outside New Zealand; or
                1. creates evidence of a debt or creates a charge on property; or
                  1. secures or collects any of its debts or enforces its rights in relation to securities relating to those debts; or
                    1. conducts an isolated transaction that is completed within a period of 31 days, not being one of a number of similar transactions repeated from time to time; or
                      1. invests its funds or holds property; or
                        1. is a partner in a New Zealand limited partnership.

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