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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Offences

46: Offence of false or misleading statement or omission

You could also call this:

"Telling lies or giving wrong information to the regulator is against the law"

If you make a statement that is false or misleading, you commit an offence. This can happen when you make an offer or representation for the purposes of the Overseas Investment Act 2005 or regulations. You can also commit an offence when you make a statement under section 51A, or provide a notice under section 85 or section 86.

You commit an offence if you provide false or misleading information to the regulator. This includes any information or document you give to the regulator, or any communication you have with them. You also commit an offence if you provide false or misleading information to the regulator or the Commissioner of Inland Revenue under section 38A.

If you commit an offence, you can be fined up to $300,000 when you are convicted. You commit an offence if you give the regulator a document that is false or misleading in a material particular.

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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=DLM358062.

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Part 2Consent and conditions regime
Enforcement: Offences

46Offence of false or misleading statement or omission

  1. Every person commits an offence who knowingly or recklessly makes any statement that is false or misleading in a material particular or any material omission in—

  2. any offer or representation made for the purposes of this Act or regulations; or
    1. any statement made under section 51A; or
      1. any notice under section 85 or 86; or
        1. any information or document provided to the regulator; or
          1. any communication with the regulator; or
            1. any information provided to the regulator or the Commissioner of Inland Revenue under section 38A.

              1. Every person commits an offence who knowingly or recklessly provides the regulator with a document that is false or misleading in a material particular.

              2. A person who commits an offence under subsection (1) or subsection (2) is liable on conviction to a fine not exceeding $300,000.

              3. Repealed
              Notes
              • Section 46(1): amended, on , by section 37(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).
              • Section 46(1)(aa): inserted, on , by section 37(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).
              • Section 46(1)(ab): inserted, on , by section 34 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
              • Section 46(1)(ab): amended, on , by section 53(15) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
              • Section 46(1)(d): inserted, on , by section 23 of the Overseas Investment Amendment Act 2021 (2021 No 17).
              • Section 46(2): amended, on , by section 37(3) of the Overseas Investment Amendment Act 2018 (2018 No 25).
              • Section 46(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 46(4): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).