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Overseas Investment Act 2005

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

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

You could also call this:

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

Illustration for Overseas Investment Act 2005

When you apply for consent to use sensitive land for forestry, the Ministers consider your application. They check if your application meets the requirements set out in section 16A(2) for farm land. If your consent is granted, it must include conditions to ensure you meet these requirements.

If your application is considered under the benefit to New Zealand test in accordance with section 16A(4), your consent must include conditions. These conditions ensure you meet the requirements set out in section 16A(4)(a) and (c) and other regulations. You must also meet the requirement set out in section 16A(4)(e).

A condition may require you to replace a harvested crop of trees on a like-for-like basis. This means you must replace the trees with the same type of trees. You can find more information about these requirements in section 16A(2)(b) or (4)(e).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS111996.

Topics:
Housing and property > Land useEnvironment and resources > Farming and fishingEnvironment and resources > Conservation
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16B: Conditions for consents relating to sensitive land that is residential land: benefit to New Zealand test, or

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17: Factors for assessing benefit of overseas investments in sensitive land, or

"How the government decides if overseas investments in special New Zealand land are beneficial"

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

16CConditions for consents relating to sensitive land that will be used for forestry activities

  1. Subsection (2) applies if an application for consent for an overseas investment in sensitive land is being considered under the benefit to New Zealand test, to the extent that the relevant land is farm land and the relevant Ministers are satisfied in accordance with section 16A(2).

  2. If granted, the consent must be made subject to conditions for the purpose of ensuring that the requirements set out in section 16A(2) will be met, subject to section 16A(7).

  3. Subsection (4) applies if an application for consent for an overseas investment in sensitive land is being considered under the benefit to New Zealand test in accordance with section 16A(4).

  4. If granted, the consent must be made subject to conditions for the purpose of ensuring that the following requirements will be met:

  5. the requirements set out in section 16A(4)(a) and (c):
    1. the requirements set out in regulations made for the purposes of section 16A(4)(d), subject to section 16A(8):
      1. the requirement set out in section 16A(4)(e), subject to section 16A(7).

        1. A condition imposed in relation to the requirement set out in section 16A(2)(b) or (4)(e) may require the replacement of a crop of trees that is harvested to be on a like-for-like basis or on any similar basis.

        Notes
        • Section 16C: inserted, on , by section 13 of the Overseas Investment Amendment Act 2018 (2018 No 25).
        • Section 16C(1): replaced, on , by section 6(1) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).
        • Section 16C(2): replaced, on , by section 6(1) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).
        • Section 16C(5): amended, on , by section 6(2) of the Overseas Investment (Forestry) Amendment Act 2022 (2022 No 42).