Overseas Investment Act 2005

Consent and conditions regime - Administration

32: Delegation by relevant Minister or Ministers

You could also call this:

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

The relevant Minister or Ministers can give some of their powers to the regulator or another person. They can delegate powers under the Overseas Investment Act 2005 or regulations, including the power to delegate. You need to know that this means they can pass on some of their jobs to someone else.

The Minister or Ministers cannot delegate some decisions, such as those under section 20B about transactions of national interest. They also cannot delegate decisions under section 20C about whether a transaction is contrary to New Zealand's national interest. Decisions under sections 88, 90, 92, 93, or 96 about risks to New Zealand's national interest also cannot be delegated.

You should look at section 20B(2) or 20C(2) for more information about who can make decisions under section 24.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM358045.


Previous

31: What regulator does, or

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


Next

33: Rules that apply to delegation under this Act or regulations, or

"Rules for when someone is given a job to do under the Overseas Investment Act 2005"

Part 2Consent and conditions regime
Administration

32Delegation by relevant Minister or Ministers

  1. The relevant Minister or Ministers may delegate to the regulator or any other person any of his or her or their powers or functions under this Act or regulations (including this power of delegation).

  2. However, the following cannot be delegated in accordance with subsection (1):

  3. a decision under section 20B to advise an applicant that a transaction is a transaction of national interest:
    1. a decision under section 20C that a transaction of national interest is contrary to New Zealand’s national interest:
      1. a decision under section 88, 90, 92, 93, or 96 that a call-in transaction, or an event, or the actions of an overseas person or their associate, gives rise, or is likely to give rise, to a risk referred to in section 81:
        1. a decision under section 92, 93, or 96 that a risk referred to in section 81 cannot be adequately managed in another manner or that the risk is too significant to allow a transaction to be given effect to.
          1. See also section 20B(2) or 20C(2) (a person making a decision under section 24 cannot also exercise the Minister’s power under section 20B(1) or 20C(1)).

          Notes
          • Section 32(2): inserted, on , by section 22 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
          • Section 32(3): inserted, on , by section 22 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).