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Overseas Investment Act 2005

Consent and conditions regime - Miscellaneous provisions

61A: Regulations regarding alternative monetary thresholds for overseas investments in significant business assets

You could also call this:

"Rules for overseas investments in New Zealand's significant businesses"

Illustration for Overseas Investment Act 2005

The government can make rules about overseas investments in New Zealand. These rules are to implement obligations in international agreements, such as the Free Trade Agreement between New Zealand and the European Union, done at Brussels on 9 July 2023. You can find more information about these agreements.

The government can make alternative monetary thresholds for certain investments. These thresholds apply to specific transactions, people, or assets, and are based on terms and conditions. For example, the rules can provide for alternative monetary thresholds under section 13.

The Minister must be satisfied that the rules do not provide for a higher threshold than the amount in the relevant international agreement. The rules can incorporate parts of the international agreements by reference. The government can only make these rules to implement obligations in agreements that have entered into force for New Zealand.

These rules are secondary legislation, which means they are made under an Act of Parliament, and you can find more information about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152218.

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Part 2Consent and conditions regime
Miscellaneous provisions

61ARegulations regarding alternative monetary thresholds for overseas investments in significant business assets

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations in order to implement obligations in all or any of the following international agreements in respect of certain overseas investments in New Zealand in significant business assets by certain investors:

      1. the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China, done at Beijing on 7 April 2008:
        1. the New Zealand–Hong Kong, China Closer Economic Partnership Agreement, done at Hong Kong on 29 March 2010:
          1. the Protocol on Investment to the New Zealand–Australia Closer Economic Relations Trade Agreement, done at Wellington on 16 February 2011:
            1. the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation, done at Wellington on 10 July 2013:
              1. the Free Trade Agreement between New Zealand and the Republic of Korea, done at Seoul on 23 March 2015:
                1. the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016:
                  1. the Pacific Agreement on Closer Economic Relations Plus, done at Nuku’alofa on 14 June 2017:
                    1. the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018:
                      1. the Free Trade Agreement between New Zealand and the United Kingdom of Great Britain and Northern Ireland, done at London on 28 February 2022:
                        1. the Free Trade Agreement between New Zealand and the European Union, done at Brussels on 9 July 2023:
                          1. the New Zealand–United Arab Emirates Comprehensive Economic Partnership Agreement, done at Abu Dhabi on 14 January 2025.

                            1. Regulations made under subsection (1) may provide for alternative monetary thresholds under section 13 that apply, on terms and conditions (if any), to 1 or more classes of transactions, persons, interests, rights, and assets.

                            2. The Minister must be satisfied, before making a recommendation under this section, that the regulations do not provide for an alternative monetary threshold that is higher than the amount provided for in the relevant international agreement referred to in subsection (1), but the text of the regulations may otherwise differ from the text of an agreement.

                            3. Regulations made under subsection (1) may incorporate by reference any provisions of an international agreement referred to in that subsection.

                            4. Regulations made under subsection (1) may be made only to implement obligations in an international agreement that has entered into force for New Zealand.

                            5. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Notes
                            • Section 61A: inserted, on , by section 69 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                            • Section 61A(1)(aaa): repealed, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(a): repealed, on , by section 89(1) of the European Union Free Trade Agreement Legislation Amendment Act 2024 (2024 No 10).
                            • Section 61A(1)(b): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(c): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(d): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(e): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(f): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(g): replaced, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(ga): inserted, on , by section 89(2) of the European Union Free Trade Agreement Legislation Amendment Act 2024 (2024 No 10).
                            • Section 61A(1)(h): inserted, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(i): inserted, on , by section 14 of the United Kingdom Free Trade Agreement Legislation Act 2022 (2022 No 59).
                            • Section 61A(1)(j): inserted, on , by section 89(3) of the European Union Free Trade Agreement Legislation Amendment Act 2024 (2024 No 10).
                            • Section 61A(1)(k): inserted, on , by section 4 of the United Arab Emirates Comprehensive Economic Partnership Agreement Legislation Amendment Act 2025 (2025 No 37).
                            • Section 61A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).