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Overseas Investment Act 2005

Consent and conditions regime - Procedure for making an application for consent and for granting consent

25D: Automatic condition: transactions involving fresh or seawater areas

You could also call this:

"Investing in New Zealand land with water: follow these rules"

Illustration for Overseas Investment Act 2005

If you are an overseas person who wants to invest in sensitive land in New Zealand, you need to get consent. You will get this consent if you meet certain criteria, including the benefit to New Zealand test. The land you want to invest in must include a fresh or seawater area.

If you get consent, you must follow the rules in Schedule 5. These rules apply even if they are not written in your consent. You must comply with the provisions of Schedule 5 as a condition of your consent.

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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=LMS623448.

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Part 2Consent and conditions regime
Procedure for making an application for consent and for granting consent

25DAutomatic condition: transactions involving fresh or seawater areas

  1. Schedule 5 applies if—

  2. an overseas person or their associate obtains consent for an overseas investment in sensitive land; and
    1. the section 12 interest to be acquired is or includes a fresh or seawater interest; and
      1. the criteria that were satisfied as part of the application for consent included the benefit to New Zealand test.

        1. If Schedule 5 applies, it is a condition of every consent, whether or not it is stated in the consent, that each consent holder must comply with the provisions of that schedule.

        Notes
        • Section 25D: inserted, on , by section 17 of the Overseas Investment Amendment Act 2021 (2021 No 17).