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New Zealand law explained for everyone

Citizenship Act 1977

Miscellaneous provisions

23: Capacity as to property

You could also call this:

"Non-citizens can buy and own property in New Zealand, with some exceptions."

Illustration for Citizenship Act 1977

If you are not a New Zealand citizen, you can still buy, own, and sell property in New Zealand, just like a New Zealand citizen. You have the same rights as a New Zealand citizen when it comes to property. However, there are some exceptions to this rule, for example, you may not be able to own a ship registered in New Zealand without meeting certain requirements.

You may also need to get consent under the Overseas Investment Act 2005 to acquire certain properties. Being able to buy and own property in New Zealand does not make you a New Zealand citizen or give you all the rights of a New Zealand citizen, it only gives you rights related to property.

You do not get any other rights or privileges as a New Zealand citizen, just the rights to do with property.

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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=DLM444007.

Topics:
Housing and property > Buying and selling homesHousing and property > Land useImmigration and citizenship > Visas
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22: Minister may delegate functions and powers to overseas representatives, or

"The Minister can ask New Zealand representatives in other countries to help make citizenship decisions."

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24: General provisions as to certificates and other documents, or

"Rules about keeping your citizenship certificates and documents safe and up to date"

Part 2Miscellaneous provisions

23Capacity as to property

  1. Subject to subsection (2) and to any other enactment, every person who is not a New Zealand citizen shall be entitled to take, acquire, hold, and dispose of real or personal property in the same manner in all respects as if he were a New Zealand citizen.

  2. Subsection (1) shall not—

  3. qualify an alien for any office, or for any parliamentary or other franchise, for which he is not otherwise qualified:
    1. qualify an alien to be the owner of a ship registered in New Zealand, or of a share in any such ship:
      1. entitle an alien to acquire property without any consent required under the Overseas Investment Act 2005:
        1. entitle a person to any right or privilege as a New Zealand citizen, except the rights and privileges conferred on him in respect of property by that subsection.

          Compare
          • 1948 No 28 s 3
          Notes
          • Section 23(2)(c): replaced, on , by section 75 of the Overseas Investment Act 2005 (2005 No 82).