Overseas Investment Act 2005

Consent and conditions regime - Procedure for making an application for consent and for granting consent

22: Who must apply for consent

You could also call this:

"Who needs to ask for permission to make an overseas investment?"

When you are involved in an overseas investment transaction, you must apply for consent if you are an overseas person or an associate making the investment. You will also need to apply for consent if you are issuing securities, such as shares, and this is part of the transaction, and no one else has already applied for consent under section 12(1)(b) or section 13(1)(a). The regulator may also ask other people involved in the transaction, or their associates, to be part of the application.

If you are the issuer of securities, such as a company, and the transaction involves issuing, buying back, or cancelling these securities, you may need to apply for consent. This is the case if the transaction falls under section 12(1)(b) or section 13(1)(a) and no one else has applied for consent. The regulator has the power to decide who else should be involved in the application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358034.


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21: Application for consent, or

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"What you need to do when applying for consent to invest from overseas"

Part 2Consent and conditions regime
Procedure for making an application for consent and for granting consent

22Who must apply for consent

  1. The following persons must apply for consent to an overseas investment transaction:

  2. each overseas person or associate making the overseas investment; and
    1. if the transaction comes within section 12(1)(b) or section 13(1)(a) because of the issue, buyback, or cancellation of securities, and consent has not been obtained by a person under paragraph (a), the issuer of the securities.
      1. In addition, the regulator may require any other party to the overseas investment transaction, or any associate of the person referred to in subsection (1)(a) in relation to the overseas investment, to be a party to the application.