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Overseas Investment Act 2005

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

23: Requirements for application for consent

You could also call this:

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

When you apply for consent, your application must be in writing and signed by you. You need to include the information that the regulations say you must provide. You also need to send a statutory declaration that says the information in your application is true and correct, unless the regulator says you do not have to.

The statutory declaration must be made by you, or if you are a company, by one of your officers. The regulator may ask you or someone else for more information to consider your application. They will tell you what information they need and how to provide it.

If the regulator asks you for more information, you must provide it within the time and in the manner they specify. You must send your application to the regulator and pay the relevant fee, unless you have already paid it. The regulator will look at your application and decide what to do next.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358035.

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22: Who must apply for consent, or

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

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23A: Applications for standing consent in advance of transaction, or

"Apply early for permission to make overseas investments in sensitive land"

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

23Requirements for application for consent

  1. An application for consent must—

  2. be in writing; and
    1. be signed by each applicant; and
      1. contain the information set out in regulations; and
        1. be accompanied by a statutory declaration verifying that the information contained in the application is true and correct, unless the regulator waives this requirement; and
          1. be sent to the regulator; and
            1. be accompanied by the relevant fee, unless this has already been paid.

              1. The statutory declaration must be made by each applicant or, if an applicant is a body corporate, by an officer of that applicant.

              2. For the purpose of considering the application, the regulator may, by notice in writing, require the applicant or any other person with information relevant to the application to provide the information specified in the notice and in the form specified by the notice.

              3. A person required to provide information under subsection (3) must comply with the regulator’s notice within the time, and in the manner, specified in it.

              Notes
              • Section 23(1)(c): replaced, on , by section 18(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
              • Section 23(4): inserted, on , by section 18(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).