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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Powers of court

48A: Defences for person involved in contravention, offence, or failure

You could also call this:

"Defending yourself if you break the Overseas Investment Act 2005 rules"

If you are involved in something that breaks the Overseas Investment Act 2005, you might be able to defend yourself. This could be if you relied on information from someone else, or if you did everything you could to make sure the rules were followed. You can use this defence if you are taken to court under section 48 of the Act. When you rely on information from someone else, it does not include information from someone who works for you, like a director, employee, or agent. You can find more information about this in section 48(1)(c) or (d) of the Act, and also in section 48.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS111837.

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Part 2Consent and conditions regime
Enforcement: Powers of court

48ADefences for person involved in contravention, offence, or failure

  1. This section applies if—

  2. a person (A) contravenes this Act, commits an offence under this Act, or fails to comply as referred to in section 48(1)(c) or (d); and
    1. another person (B) is involved in the contravention, the commission of the offence, or the failure.

      1. In any proceeding under section 48 against B for involvement in the contravention, the commission of the offence, or the failure, it is a defence if B proves that—

      2. B's involvement in the contravention, the commission of the offence, or the failure was due to reasonable reliance on information supplied by another person; or
        1. B took all reasonable and proper steps to ensure that A complied with this Act, did not commit the offence, or complied with the notice or condition referred to in section 48(1)(c) or (d) (as the case may be).

          1. In subsection (2)(a), another person does not include a director, an employee, or an agent of B.

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          Notes
          • Section 48A: inserted, on , by section 39 of the Overseas Investment Amendment Act 2018 (2018 No 25).