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Overseas Investment Act 2005

Consent and conditions regime - Procedure for making an application for consent and for granting consent

25A: Conditions of consent

You could also call this:

"Rules you must follow when someone says yes to your overseas investment"

When you get consent under this Act, it can have conditions. These conditions are in addition to the automatic conditions in sections 25B, 25C, and 25D. The Minister can decide what other conditions to include.

The Minister has the power to decide what conditions to add. These conditions can be similar to ones already required by the Act. They can also require you to sell property if you break a condition.

The Minister can enter into a contract with you to make sure you follow the conditions. This contract can include a mortgage or other security arrangement.

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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=LMS111141.

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25: Granting or refusal of consent, or

"The Minister says yes or no to overseas investment applications"

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25B: Automatic conditions: every overseas investment, or

"Rules that apply to every overseas investment in New Zealand"

Part 2Consent and conditions regime
Procedure for making an application for consent and for granting consent

25AConditions of consent

  1. A consent granted under this Act may, in addition to the automatic conditions in sections 25B, 25C, and 25D and any conditions that this Act requires be imposed on the consent, be made subject to such other conditions (if any) that the relevant Minister or Ministers think appropriate.

  2. Nothing in this Act limits the discretion of the relevant Minister or Ministers under subsection (1). For example, conditions of a consent may—

  3. expand on, or be similar to, conditions that this Act requires be imposed on the consent (if any):
    1. expand on, be similar to, or be the same as conditions that this Act requires be imposed on other consents:
      1. require the consent holder to dispose of property in certain circumstances (for example, if a condition of consent is breached).

        1. For the purpose of enforcing a condition, the relevant Minister or Ministers may enter into a contract or deed with an applicant (including a mortgage or other security arrangement).

        Notes
        • Section 25A: inserted, on , by section 18 of the Overseas Investment Amendment Act 2018 (2018 No 25).
        • Section 25A(1): amended, on , by section 16 of the Overseas Investment Amendment Act 2021 (2021 No 17).