Overseas Investment
Navigate New Zealand’s overseas investment regime with experienced, practical legal guidance.
Overseas investment is important to our diversity as a community and to our economic growth. While New Zealand welcomes foreign investment, there are some restrictions to what international investors can and cannot invest in under the Overseas Investment Act 2005. We have experience acting for overseas individuals and enterprises investing in a variety of New Zealand transactions, including residential land, businesses and farming assets.
Every investment is different, and we pride ourselves in navigating our offshore client base through the complex overseas investment regime and giving practical, strategic advice.
Local knowledge and expertise
With nearly 50 years of experience in the Central Lakes region, we bring deep local insight together with strong technical expertise. We act for a wide range of clients, from individuals to international investors - providing clear, practical advice across complex property and investment matters.
The Overseas Investment Act 2005
New Zealand's foreign investment rules are precise and demanding. We know them well. Our experience guides residential purchases, business acquisitions, and farming operations through the regulatory framework with clarity and purpose.
Areas We Can Help With
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For those considering relocating to New Zealand and looking for an immigration pathway, the Active Investor Plus visa offers an appealing option. This visa category is specifically designed for investors who wish to contribute significantly to New Zealand's economy while also securing residency. Here, we'll explore the key features, requirements, and benefits of the Active Investor Plus visa, giving you everything you need to decide if this immigration path is right for you.
Key Visa Categories: Growth vs. Balanced
The Active Investor Plus visa provides two distinct investment pathways: the Growth Category and the Balanced Category. Each pathway has its unique characteristics, investment requirements, and residency conditions.
Growth Category
This category requires a minimum investment of NZD $5 million. Investments under this category are limited to managed funds or direct investments approved by New Zealand Trade and Enterprise (NZTE). Investors must maintain their investments for 36 months and spend at least 21 days in New Zealand over this period.
https://www.nzte.govt.nz/page/acceptable-investments
Balanced Category
The Balanced Category requires a higher initial investment of NZD $10 million. Acceptable investments under this category include listed equities, philanthropy, property development, bonds, managed funds, and direct investments. Investments must be held for 60 months, with a residency requirement of 105 days within New Zealand. However, investors have the option to reduce their required stay by investing additional amounts:
Investing NZD $11 million reduces the required stay by 14 days.
NZD $12 million investment reduces the stay by 28 days.
NZD $13 million or more reduces the required stay by 42 days, bringing it down to just 63 days.
Personal Use
Acceptable investments cannot be for personal use. For example, a personal residence.
Essential Requirements for Application
When applying for the Active Investor Plus visa, you'll need to fulfill several key criteria:
Health and Character: Both the principal applicant and all included family members must meet health and character standards.
Fit and Proper Person Test: The principal applicant must satisfy immigration officials of their integrity and suitability.
Proof of Funds: Applicants must demonstrate clear ownership and lawful acquisition of their nominated investment funds and assets. The nominated assets must be unencumbered and verifiable through documentation from reputable external agencies.
Transfer and Investment: Funds must be transferred directly to New Zealand through the banking system, clearly traceable and documented. Borrowed funds may be acceptable only if secured against nominated assets.
Acceptable Investment Options
Acceptable investment vehicles under the Active Investor Plus visa include:
Managed Funds and Direct Investments: Must be approved by NZTE.
Listed Equities: Shares in New Zealand resident companies.
Philanthropy: Contributions to registered charities with Inland Revenue donee status.
Property Development: Investments in new residential developments or commercial/industrial properties approved by regulatory authorities.
Bonds: Investments in government or corporate bonds rated BBB - or higher.
Timeline for Investment and Residency Conditions
Once you receive "approval in principle," you have six months (with a potential additional six-month extension) to transfer and invest your funds. Resident visas are granted subject to maintaining your investments and meeting the required residency conditions. Regular checkpoints at 24 months, and again at either 36 months (Growth Category) or 60 months (Balanced Category), will ensure ongoing compliance. Residency is granted once the investment is made once the funds are in New Zealand.
Compliance
It's crucial to comply with all conditions of the Active Investor Plus visa. Non-compliance at checkpoints may result in deportation liability. However, once you fulfil all conditions at the end of your investment period, the investment conditions on your visa are removed, and you gain unrestricted residency.
Conclusion
The Active Investor Plus visa presents an attractive opportunity for affluent individuals looking to combine substantial investment in New Zealand’s vibrant economy with a rewarding new lifestyle. Understanding its detailed requirements and planning your investment strategically will set the stage for a smooth transition and successful immigration journey. Considering New Zealand's robust economy, excellent quality of life, and welcoming community, this visa could very well be your ideal pathway to a fulfilling future in New Zealand.
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Understanding exactly what you are investing in is critical. We undertake detailed title reviews and due diligence investigations to identify any easements, covenants, encumbrances or other restrictions that may affect the use or value of the property. We also consider zoning, planning constraints and any risks that may impact your intended use or development of the land. Our approach is to present this information in a clear, practical way - highlighting key risks and opportunities so you can make informed decisions. Where issues arise, we work with you to explore solutions, manage risk and, where appropriate, negotiate protections within your transaction documents.
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Applications under the Overseas Investment Act can be complex and time-sensitive. We guide clients through the entire process, from assessing whether consent is required through to preparing and lodging a complete and robust application with the Overseas Investment Office (OIO). We ensure that applications clearly address the relevant statutory criteria, including benefit to New Zealand and investor suitability. Our experience helps streamline the process, anticipate potential areas of concern, and improve the likelihood of a successful outcome.
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Preparing an OIO application requires detailed supporting information and careful drafting. We assist with compiling the necessary documentation, including transaction structures, business plans, and supporting evidence required to demonstrate compliance with the Act. We work closely with your wider advisory team - including accountants, planners and other consultants - to ensure all aspects of the application are aligned and presented cohesively. Our focus is on producing clear, well-structured applications that stand up to scrutiny and minimise delays.
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Overseas investment often intersects with planning and land use considerations. We provide advice on how local and regional planning rules may impact your proposed investment, including zoning, resource consents, and development constraints. By identifying planning issues early, we help you understand what is achievable and where additional approvals may be required. This enables you to structure your investment appropriately and avoid unexpected delays or costs later in the process.
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We assist with negotiating transaction terms that appropriately reflect the conditional nature of overseas investment approvals. This includes drafting and reviewing agreements that are conditional on OIO consent and ensuring your position is protected throughout the process. Where required, we also coordinate with relevant authorities and stakeholders to support the consenting process. Our goal is to keep transactions progressing smoothly while managing timing, risk and expectations on all sides.
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Obtaining consent is only part of the process - ongoing compliance with consent conditions is equally important. We assist clients to understand and meet their post-consent obligations, including reporting requirements, timeframes and any conditions attached to the investment. We can also support ongoing monitoring and compliance strategies to ensure obligations are met over time. This reduces the risk of breaches and provides peace of mind that your investment continues to meet New Zealand’s regulatory requirements.
Still have questions?
Reach out to our team for assistance.
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