Overseas Investment Act 2005

Schedule 4: Standing consents

You could also call this:

"Permissions to make multiple investments in New Zealand without needing to apply each time"

You can apply for a standing consent under the Overseas Investment Act 2005. This is a type of consent that lets you make multiple investments without needing to apply each time. You might be able to get a standing consent if you want to invest in residential land, like a house, or in forestry activities.

The Ministers will decide if you can have a standing consent. They will look at things like whether you meet the investor test and if your investment will benefit New Zealand. If you get a standing consent, it might have conditions that you need to follow.

You should know that the Ministers can change or cancel your standing consent at any time if they are not happy with how you are meeting the conditions. They can also change the conditions if new regulations come into force. You will usually get a chance to comment before they make any changes, but not always.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS111264.

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Schedule 3: Exemptions from requirement for consent, or

"When You Don't Need Permission to Invest in New Zealand Land"

Schedule 5: Fresh or seawater areas, or

"Areas of land with freshwater or seawater that the government can buy from landowners"

4Standing consents Empowered by s 23A

1Residential land: commitment to reside in New Zealand standing consents

A person who applies for consent under the commitment to reside in New Zealand test may apply for a standing consent.
The relevant Ministers may, despite section 14(1), grant a standing consent if the relevant Ministers are satisfied—
that the investor test is met, if the transaction for which consent is sought may include residential land that is also sensitive for some other reason under Part 1 of Schedule 1; and
that the commitment to reside in New Zealand test is met.

The standing consent must be granted subject to the following conditions:
conditions that ensure that the commitment to reside in New Zealand test continues to be met:
the conditions that must be imposed under clause 6 of Schedule 2 on consents granted on the basis of the commitment to reside in New Zealand test:
a condition that the regulator must be notified of the transaction to which the consent will apply, at the time, and in the manner, specified in the consent.

The standing consent may be granted subject to additional conditions.
The standing consent has a use-by date that is the earliest of the following:
the date on which the consent holder makes an overseas investment in sensitive land in respect of 1 residential dwelling or dwelling in a long-term accommodation facility:
the date on which a trigger event (as defined in clause 7 of Schedule 2) occurs:
any date that may be specified in the consent as its use-by date.

2Residential land: other types of standing consents

A person may apply for a standing consent in respect of residential (but not otherwise sensitive) land if the person applies under the following tests:
the increased housing test; or
the large rental development test; or
the non-residential use test; or
the incidental residential use test.

The relevant Ministers may, despite section 14(1), grant a standing consent if the relevant Ministers are satisfied—
that the investor test is met (unless that test does not apply); and
that the conditions referred to in subclauses (3) and (4) will be, or are likely to be, met, after having regard to factors such as—
1. the applicant’s financial strength; and
2. the previous activity of the applicant (or associates or individuals with control of the relevant overseas person) regarding use of residential land; and
3. the previous record of the applicant (or associates or individuals with control of the relevant overseas person) in complying with consent conditions or applying for consent conditions to be varied.

The standing consent must be granted subject to the following conditions:
conditions for the purpose of ensuring that the relevant test in subclause (1) is met for each overseas investment to which the consent will apply:
the conditions that must be imposed under Part 5 of Schedule 2 on consents that are granted on the basis of the relevant test:
a condition that the regulator must be notified of the transaction, or each transaction, to which the consent will apply at the time, and in the manner, specified in the consent.

The standing consent may be granted subject to additional conditions, which may include—
conditions about the residential land (for example, limits by total land area, location of land, and geographic type of land); and
conditions about outcomes (for example, time frames for completing developments); and
limits on the number of overseas investments for which the standing consent can be relied on.

The standing consent may specify a use-by date.

Notes

Schedule 4 clause 2(1)(aa): inserted, on 25 February 2025, by section 7 of the Overseas Investment (Build-to-rent and Similar Rental Developments) Amendment Act 2025 (2025 No 4).

3Forestry activities

A person may apply for a standing consent for transactions in respect of overseas investments in sensitive land for which the benefit to New Zealand test will be met in accordance with section 16A(4).
The relevant Ministers may, despite section 14(1), grant a standing consent if the relevant Ministers are satisfied—
that the investor test is met; and
that the conditions referred to in subclauses (3) and (4) will be, or are likely to be, met; and
without limiting paragraph (b), that the applicant has, and will continue to have, adequate processes in place for meeting, at all relevant times, the requirements set out in regulations made for the purposes of section 16A(4)(d); and
without limiting paragraph (b), that the persons referred to in subclause (2A) have a strong record of 1 or both of the following or of the following taken together:
1. compliance with this Act and with conditions and other requirements imposed under it (including providing the regulator with complete and accurate information):
2. compliance with corresponding laws, and with conditions and other requirements imposed under corresponding laws, in territories other than New Zealand (including providing regulators with complete and accurate information).

For the purposes of subclause (2)(d), the persons are the following (viewed as a group):
the applicant:
the applicant’s associates:
the individuals with control of the relevant overseas person.

The standing consent must be granted subject to the following conditions:
conditions for the purpose of ensuring that the benefit to New Zealand test is met in accordance with section 16A(4) for each overseas investment to which the consent will apply (subject to subclauses (5) and (6)):
for an overseas investment where the relevant land is or includes farm land, a condition that effect must not be given to the overseas investment in reliance on the consent unless the criterion in section 16(1)(f) has been met:
a condition—
1. that at the time, and in the manner, specified in the consent, the regulator must be notified—
  1. of each transaction to which the consent will apply; and
  2. in relation to each such transaction, of how the requirements set out in regulations made for the purposes of section 16A(4)(d) will be met for each overseas investment resulting from the transaction; and
2. that the notification of a transaction must include any other information required by the regulator in relation to the transaction.

The standing consent may be granted subject to additional conditions, which may include—
conditions about the land in relation to which the consent may apply (for example, limits by total land area, location of land, and geographic type of land); and
limits on the number of overseas investments for which the standing consent can be relied on.

For an overseas investment that involves a forestry right, the conditions of the standing consent may provide that, to the extent set out in the conditions, the requirement in section 16A(4)(e) does not have to be met in relation to a crop of trees that is harvested under the forestry right if the forestry right expires—
upon the completion of the harvesting; or
after a short period (as determined in accordance with the conditions) following the completion of the harvesting.

For the purposes of subclause (5), an overseas investment involves a forestry right if the overseas investment is the acquisition of—
the forestry right; or
rights or interests in securities of a person who owns or controls (directly or indirectly) the forestry right.

After the regulator is notified of a transaction as referred to in subclause (3)(c), the relevant Ministers may, in relation to an overseas investment that results (or will result) from the transaction, vary the conditions of the standing consent to reflect any information provided as referred to in subclause (3)(c)(i)(B).
The holder of the standing consent may, before an overseas investment is given effect to in reliance on the consent, apply to the relevant Ministers for a variation of the conditions of the standing consent in relation to the overseas investment.
The application may be made only on the ground that the holder of the standing consent (together with the holder’s associates) will not have sufficient ownership or control (direct or indirect) of rights in respect of the relevant land to ensure—
that a requirement set out in regulations made for the purposes of section 16A(4)(d) will be met; or
that the requirement set out in section 16A(4)(e) will be met.

If satisfied of that ground, the relevant Ministers may, in relation to the overseas investment, vary the conditions of the standing consent in a way that is consistent with their power under section 16A(7) or (8).
Subclause (12) applies if, after the standing consent is granted, there come into force any new regulations, or any amendment or revocation of any regulations, that make any provision referred to in section 16A(4).
The relevant Ministers may vary the conditions of the standing consent to reflect the new regulations or the amendment or revocation.
See also clause 6, which applies in relation to a variation under subclause (12).
In subclauses (7) to (13), vary, in relation to the conditions of the standing consent, includes to add or revoke 1 or more conditions.
The standing consent may specify a use-by date.

Notes

Schedule 4 clause 3(2)(d): amended, on 16 August 2022, by section 11(1) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).
Schedule 4 clause 3(2A): inserted, on 16 August 2022, by section 11(2) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).

4Revocation or variation of standing consents

The relevant Ministers may revoke or vary a standing consent (including by varying, adding to, or revoking the conditions of a standing consent) at any time if the relevant Ministers are not satisfied that—
the criteria for the grant of the standing consent were met or are still met; or
the conditions of the standing consent have been complied with.

5Process before revocation or variation of standing consents

The relevant Ministers must provide the consent holder with an opportunity to comment before revoking or varying a standing consent under clause 4.
However, subclause (1) does not apply if the revocation or variation is at the consent holder’s request or is done under subpart 2 of Part 2 of this Act.

6Effect of revocation or variation of standing consents

The revocation or variation of a standing consent under clause 3(12) or 4 does not apply to any transaction entered into in reliance on the consent before the revocation or variation.
Clause 1(4) and (5) of Schedule 1AA applies with any necessary modifications when deciding when a transaction is entered into.

7Schedule does not limit other provisions

This schedule does not limit other provisions of this Act (for example, subpart 2 of Part 2).