Overseas Investment Act 2005

Schedule 1: Sensitive land

You could also call this:

"Land that has special rules because of its type, size, or location, like near the beach or on certain islands"

The Overseas Investment Act 2005 has rules about sensitive land. You need to know what land is sensitive. Land is sensitive if it is a certain type, like residential land or land on some islands, and it is over a certain size. The size limit is different for different types of land.

Some land is sensitive if it is next to other sensitive land, like a marine and coastal area or a lake. The land must be over a certain size to be considered sensitive. You can check the sizes and types of land that are sensitive in the tables.

There are also some special islands that are considered sensitive, like Great Barrier Island and Stewart Island/Rakiura. These islands are listed in Part 2 of the schedule. You can find more information about these islands and the rules about sensitive land in the Overseas Investment Act 2005, which is empowered by s 12, and you can also find more information about land on islands in Part 2 of this schedule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358552.


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1Sensitive land Empowered by s 12

Part 1What land is sensitive

What land is sensitive

Land is sensitive under this Act if—

  • the land is or includes land of a type listed in table 1 and the area of that type of land exceeds the corresponding area threshold (either alone or together with any associated land of that type), if any; or
    1. the land (land A) adjoins land of a type listed in table 2 and the area of land A exceeds the corresponding area threshold (either alone or together with any associated land), if any.
      1. The following table is small in size and has 2 columns. Column 1 is headed Land is sensitive if it is or includes this type of land. Column 2 is headed … and that type exceeds this area threshold (if any).
        Row Land is sensitive if it is or includes this type of land … and that type exceeds this area threshold (if any)
        1 residential land
        2 non-urban land 5 hectares
        3 land on islands specified in Part 2 of this schedule 0.4 hectares
        4 land on other islands (other than North or South Island, but including the islands adjacent to the North or South Island)
        5 marine and coastal area
        6 bed of a lake 0.4 hectares
        7 land held for conservation purposes under the Conservation Act 1987 0.4 hectares
        8 land that a district plan or proposed district plan under the Resource Management Act 1991 provides is to be used as a reserve, as a public park, for recreation purposes, or as open space 0.4 hectares
        9 land subject to a heritage order, or a requirement for a heritage order, under the Resource Management Act 1991 or by Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2014 0.4 hectares
        10 a historic place, historic area, wahi tapu, or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 67(4) or 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014 0.4 hectares
        11 land that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 1993 0.4 hectares
        Notes
        • Schedule 1 Part 1 Table 1: amended, on , by section 32(2) of the Overseas Investment Amendment Act 2021 (2021 No 17).
        • Schedule 1 Part 1 Table 1 item 1: inserted, on , by section 5(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).
        • Schedule 1 Part 1 Table 1 item 5: amended, on , by section 32(1) of the Overseas Investment Amendment Act 2021 (2021 No 17).
        • Schedule 1 Part 1 Table 1 item 8: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
        • Schedule 1 Part 1 Table 1 item 9: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
        • Schedule 1 Part 1 Table 1 item 9: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
        • Schedule 1 Part 1 Table 1 item 10: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
        • Schedule 1 Part 1 Table 1 item 11: inserted, on , by section 5(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).

        The following table is small in size and has 2 columns. Column 1 is headed Land A is sensitive if it adjoins land of this type. Column 2 is headed … and land A exceeds this area threshold (if any).
        Row Land A is sensitive if it adjoins land of this type … and land A exceeds this area threshold (if any)
        1 marine and coastal area 0.2 hectares
        2 bed of a lake 0.4 hectares
        3 land held for conservation purposes under the Conservation Act 1987 (if that conservation land exceeds 0.4 hectares in area) 0.4 hectares
        4 any reserve under the Reserves Act 1977 that is administered by the Department of Conservation (if that reserve land exceeds 0.4 hectares in area) 0.4 hectares
        5 any regional park or part of a regional park that is subject to a declaration under section 139 of the Local Government Act 2002 (if that park or part of the park exceeds 80 hectares) 0.4 hectares
        6 any national park held under the National Parks Act 1980 0.4 hectares
        7 land that adjoins the marine and coastal area or a lake and is a Māori reservation to which section 340 of Te Ture Whenua Maori Act 1993 applies (if that land/reservation exceeds 0.4 hectares in area) 0.4 hectares
        8 land over 0.4 hectares that includes a wahi tapu or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014 0.4 hectares
        9 land over 0.4 hectares that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 1993 0.4 hectares
        10

        land (if that land exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations,—

      2. is owned by the governance entity of a collective group of Māori such as an iwi or a hapū; and
        1. is managed in accordance with the Conservation Act 1987 or an enactment referred to in Schedule 1 of that Act
          1. 0.4 hectares
            11 any reserve under the Reserves Act 1977 (if that reserve exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations, is managed wholly or jointly by the governance entity of a collective group of Māori such as an iwi or a hapū 0.4 hectares
            12 Te Urewera land (as defined in section 7 of the Te Urewera Act 2014) 0.4 hectares
            13 Whanganui River (as defined in section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017) 0.4 hectares
            14 Maungatautari Mountain Scenic Reserve (as defined in section 71(1) of the Ngāti Koroki Kahukura Claims Settlement Act 2014) 0.4 hectares
            Notes
            • Schedule 1 Part 1 Table 2: replaced, on , by section 32(3) of the Overseas Investment Amendment Act 2021 (2021 No 17).

            Part 2Specified islands

            Arapawa Island

            Best Island

            Great Barrier Island (Aotea Island)

            Great Mercury Island (Ahuahu)

            Jackett Island

            Kawau Island

            Matakana Island

            Mayor Island (Tuhua)

            Motiti Island

            Motuhoa Island

            Rakino Island

            Rangiwaea Island

            Slipper Island (Whakahau)

            Stewart Island/Rakiura

            Waiheke Island

            Whanganui Island