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Overseas Investment Act 2005

Consent and conditions regime - When consent required and criteria for consent - Criteria for consent

16B: Conditions for consents relating to sensitive land that is residential land: benefit to New Zealand test

You could also call this:

"Rules for buying New Zealand homes or land that need special permission to benefit New Zealand"

When you apply for consent to invest in sensitive land that is residential land, this section applies if the benefit to New Zealand test is being used. You need to consider the rules in this section when the relevant land is or includes residential land. The relevant Ministers will look at your application.

If the land is farm land, or if the application is being considered in a certain way, this section does not apply, and you should see section 16C or section 16A(2) instead. You should also look at section 16A(4) for more information.

If consent is granted for residential land, the relevant Ministers must decide on a residential land outcome from the table in clause 19 of Schedule 2. The consent must include conditions for the chosen outcome, unless exemptions apply. The conditions can be different for different parts of the land.

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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=LMS111995.

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16A: Benefit to New Zealand test, or

"Is the overseas investment good for New Zealand?"

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16C: Conditions for consents relating to sensitive land that will be used for forestry activities, or

"Rules for using sensitive land for forestry in New Zealand"

Part 2Consent and conditions regime
When consent required and criteria for consent: Criteria for consent

16BConditions for consents relating to sensitive land that is residential land: benefit to New Zealand test

  1. This section applies if an application for consent for an overseas investment in sensitive land is being considered under the benefit to New Zealand test and the relevant land is or includes residential land.

  2. However, this section does not apply (and see instead section 16C)—

  3. to the extent that the relevant land is farm land and the relevant Ministers are satisfied in accordance with section 16A(2); or
    1. where the application is being considered in accordance with section 16A(4).

      1. If consent is granted, to the extent that the consent relates to the residential land,—

      2. the relevant Ministers must determine a residential land outcome listed in the table in clause 19 of Schedule 2 as applying to the residential land; and
        1. the consent must be made subject to the set of conditions for the residential land outcome, subject to any exemptions applying (in each case, as described in the table).

          1. Consent may be granted on the basis of different residential land outcomes applying for different parts of the residential land (with different sets of conditions imposed for different parts).

          Notes
          • Section 16B: inserted, on , by section 13 of the Overseas Investment Amendment Act 2018 (2018 No 25).
          • Section 16B(2): replaced, on , by section 5(1) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).
          • Section 16B example: amended, on , by section 5(2) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).