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Overseas Investment Act 2005

Consent and conditions regime - When consent required and criteria for consent - Transactions of national interest

20D: Who are critical direct suppliers

You could also call this:

"What is a critical direct supplier, like a company helping our security agencies with important goods or services?"

Illustration for Overseas Investment Act 2005

The Minister can say you are a critical direct supplier if they think you supply goods or services to an intelligence or security agency. You must supply things that are very important for the agency to work properly. The agency must not be able to easily replace the goods or services you supply. The Minister must tell you if you are a critical direct supplier. They will either put your name on a public list or tell you that your name will not be published. The Minister can decide not to publish your name if they think there is a good reason to keep it secret under the Official Information Act 1982, which you can find on the Official Information Act 1982 website. If you are no longer a critical direct supplier, the Minister must tell you and remove your name from the public list if it is there.

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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=LMS357523.

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"The government can stop a big deal if it's not good for New Zealand."

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20E: Provisions relating to unpublished CDS, or

"Rules for secret suppliers: telling investors and the regulator about investments"

Part 2Consent and conditions regime
When consent required and criteria for consent: Transactions of national interest

20DWho are critical direct suppliers

  1. The Minister may identify a person as a critical direct supplier if the Minister is satisfied that—

  2. the person is a direct supplier of goods or services to an intelligence or security agency; and
    1. the goods or services are integral to the functioning of the agency as an intelligence or security agency; and
      1. the supply of those goods or services cannot readily be replaced.

        1. The Minister must—

        2. notify a person that they are a critical direct supplier; and
          1. either—
            1. publish that person’s name in a list of critical direct suppliers on an Internet site maintained by or for the regulator; or
              1. if subsection (3) applies, notify the person that they are an unpublished CDS.

              2. The Minister may defer or dispense with publication if the Minister is satisfied on reasonable grounds that good reason for withholding the publication would exist under the Official Information Act 1982.

              3. The Minister must—

              4. notify a person if the person ceases to be a critical direct supplier; and
                1. if relevant, remove that person’s name from the list of critical direct suppliers on the Internet site maintained by or for the regulator.

                  Notes
                  • Section 20D: inserted, on , by section 17 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).