Overseas Investment Act 2005

Consent and conditions regime - Administration

31: What regulator does

You could also call this:

"The regulator's job is to help manage overseas investment in New Zealand and make sure everyone follows the rules."

The regulator has many jobs. You can think of the regulator like a person who helps make sure the rules about overseas investment in New Zealand are followed. The regulator considers each application and advises the Minister on what to do. The regulator also checks that people are following the rules and makes sure everyone has the information they need.

The regulator can do things like issue guidelines and keep records of applications. They also make statistics about applications available to the public. The regulator provides general information to people who want to invest in New Zealand.

The regulator monitors and investigates to make sure the rules are being followed. They can enforce the rules if someone is not following them. The regulator does all these things to help manage overseas investment in New Zealand and keep the country safe.

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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=DLM358044.


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30: Regulator, or

"The person in charge of overseas investments is called the regulator, chosen by the Minister."


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32: Delegation by relevant Minister or Ministers, or

"The Minister can pass some of their jobs to someone else, but not all decisions can be given away."

Part 2Consent and conditions regime
Administration

31What regulator does

  1. The regulator's functions are to—

  2. consider each application and advise the relevant Minister or Ministers on how the application should be determined:
    1. exercise any of the powers or functions that have been delegated to him or her under this Act or regulations:
      1. in relation to an application, consult as the regulator thinks appropriate:
        1. monitor compliance with consents or orders made under this Act:
          1. issue guidelines when necessary:
            1. compile and keep records relating to applications, for example, the number of applications in a particular year:
              1. compile and make available statistics relating to applications:
                1. provide general information for the benefit of applicants for consent about New Zealand's overseas investment rules:
                  1. do the following:
                    1. monitor compliance with this Act and the regulations:
                      1. investigate conduct that constitutes or may constitute a contravention, or an involvement in a contravention, of this Act or the regulations:
                        1. investigate conduct that constitutes or may constitute an offence under this Act:
                          1. enforce this Act and the regulations:
                          2. do anything else that is necessary for the efficient operation of the rules relating to overseas investment in sensitive New Zealand assets or the management of certain risks, such as national security and public order risks, associated with transactions by overseas persons.
                            Notes
                            • Section 31(d): replaced, on , by section 21(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
                            • Section 31(ha): inserted, on , by section 22 of the Overseas Investment Amendment Act 2018 (2018 No 25).
                            • Section 31(i): amended, on , by section 21(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).