Overseas Investment Act 2005

Consent and conditions regime - Information-gathering powers

38: Regulator may require person to provide information for monitoring purposes

You could also call this:

"The regulator can ask you for information to check you're following the rules."

The regulator can ask you to provide information to check if you are following the rules of a consent or an order. You must give the regulator the information or documents they ask for, and you must do it on time and in the way they say. You also have to confirm that the information you give is correct. The regulator can keep or copy any information or documents you give them. They can do this to make sure you are following the rules.

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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=DLM358052.


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Part 2Consent and conditions regime
Information-gathering powers

38Regulator may require person to provide information for monitoring purposes

  1. For the purpose of monitoring compliance with the terms or conditions of a consent, an exemption, an exemption certificate, a direction order, an interim direction order, a prohibition order, or a disposal order, the regulator may, by notice in writing, require a person (A) who is required to comply with any of the terms or conditions to provide the regulator with the information or documents (or both) that are specified in the notice.

  2. A must—

  3. comply with the regulator’s notice within the time, and in the manner, specified in it; and
    1. certify that the information provided to the regulator, including information contained in any documents provided, is correct.
      1. The regulator may retain or copy any information or document that is provided under this section.

      Notes
      • Section 38: replaced, on , by section 31 of the Overseas Investment Amendment Act 2018 (2018 No 25).
      • Section 38 heading: amended, on , by section 26(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
      • Section 38(1): replaced, on , by section 26(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).