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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Offences

43: Offence of defeating, evading, or circumventing operation of Act

You could also call this:

"Breaking the Overseas Investment Act 2005 on purpose or by not caring about the rules is against the law"

If you knowingly or recklessly do something to defeat, evade, or circumvent the Overseas Investment Act 2005, you commit an offence. This means you do something on purpose or without caring about the consequences to avoid following the Act. You can do this by entering into a transaction, signing a document, or taking any other step that has the effect of avoiding the Act. You can be punished if you commit this offence. If you are an individual, you can be imprisoned for up to 12 months or fined up to $300,000, and if you are not an individual, you can be fined up to $300,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358059.

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42: Offence of giving effect to overseas investment without consent, or

"Breaking the law by making an overseas investment without permission"

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Part 2Consent and conditions regime
Enforcement: Offences

43Offence of defeating, evading, or circumventing operation of Act

  1. Every person commits an offence who knowingly or recklessly enters into a transaction, executes an instrument, or takes any other step, for the purpose of, or having the effect of, in any way, directly or indirectly, defeating, evading, or circumventing the operation of this Act.

  2. A person who commits an offence under subsection (1) is liable on conviction,—

  3. in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $300,000:
    1. in any other case, to a fine not exceeding $300,000.

      Notes
      • Section 43(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 43(2)(b): amended, on , by section 32 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).