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Overseas Investment Act 2005

National security and public order risks management regime - Risk management actions - Direction orders

88: Direction orders

You could also call this:

"Rules for buying from overseas: following the Minister's directions"

Illustration for Overseas Investment Act 2005

The Minister can give a direction order to someone who is buying something from overseas. You must follow the conditions of the order if you get one. The Minister gives you the order after checking if the purchase is okay.

The Minister's order always includes a condition that you must not do anything that could hurt New Zealand's national security or public order. The Minister can add other conditions to the order if they think the purchase is a risk to national security or public order.

When the Minister adds conditions, they must think about what New Zealand has agreed to do with other countries, as seen in New Zealand's international obligations, which can be found through links such as the one to the Overseas Investment (Urgent Measures) Amendment Act 2020. The Minister can only add conditions if they think the purchase could be a significant risk.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS358767.

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Part 3National security and public order risks management regime
Risk management actions: Direction orders

88Direction orders

  1. The Minister may give a direction order to a relevant acquirer, following a review of a call-in transaction, requiring compliance with the conditions of the order if the call-in transaction is or has been given effect to.

  2. It is a condition of every direction order, whether or not it is stated in the order, that the relevant acquirer must not, in relation to the SIB, act or omit to act with a purpose or an intention of adversely affecting national security or public order.

  3. A direction order is subject to any other conditions (if any) that the Minister thinks appropriate to manage the risks to national security or public order posed by the transaction.

  4. The Minister may impose other conditions only if the Minister considers that the call-in transaction gives rise, or is likely to give rise, to a significant risk to national security or public order.

  5. When imposing other conditions, the Minister must have regard to New Zealand’s international obligations.

Notes
  • Section 88: inserted, on , by section 52 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(1): replaced, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(2) heading: inserted, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(2): replaced, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(3) heading: inserted, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(3): replaced, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(4): replaced, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
  • Section 88(5): inserted, on , by section 53(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).