Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Offences

44: Offence of resisting, obstructing, or deceiving

You could also call this:

"Breaking the law: stopping others from doing their job can get you in trouble"

If you stop someone from doing their job under the Overseas Investment Act 2005, you can get in trouble. You can get in trouble if you resist, obstruct, or deceive someone who is trying to do their job. This includes people who work under regulations related to this Act.

If you do something wrong, you might have to go to court. If you are found guilty, you could go to prison for up to 12 months or have to pay a fine of up to $300,000 if you are an individual.

If you are not an individual, you could have to pay a fine of up to $300,000 if you are found guilty.

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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=DLM358060.


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

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


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45: Offence of failing to comply with notice, requirement, or condition, or

"Breaking the Overseas Investment Act 2005 rules can lead to a big fine if you don't follow them without a good reason."

Part 2Consent and conditions regime
Enforcement: Offences

44Offence of resisting, obstructing, or deceiving

  1. Every person commits an offence who resists, obstructs, or deceives any person who is exercising or attempting to exercise any power or function under this Act or regulations.

  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 44(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 44(2)(b): amended, on , by section 33 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).