Overseas Investment Act 2005 No 82 (as at 01 October 2008), Public Act

17 Factors for assessing benefit of overseas investments in sensitive land
  • (1) If section 16(1)(e)(ii) applies, the relevant Ministers—

    • (a) must consider all the factors in subsection (2) to determine which factor or factors (or parts of them) are relevant to the overseas investment; and

    • (c) may, in doing so, determine the relative importance to be given to each relevant factor (or part).

    (2) The factors are the following:

    • (a) whether the overseas investment will, or is likely to, result in—

      • (i) the creation of new job opportunities in New Zealand or the retention of existing jobs in New Zealand that would or might otherwise be lost; or

      • (ii) the introduction into New Zealand of new technology or business skills; or

      • (iii) increased export receipts for New Zealand exporters; or

      • (iv) added market competition, greater efficiency or productivity, or enhanced domestic services, in New Zealand; or

      • (v) the introduction into New Zealand of additional investment for development purposes; or

      • (vi) increased processing in New Zealand of New Zealand's primary products:

    • (b) whether there are or will be adequate mechanisms in place for protecting or enhancing existing areas of significant indigenous vegetation and significant habitats of indigenous fauna, for example, any 1 or more of the following:

      • (i) conditions as to pest control, fencing, fire control, erosion control, or riparian planting:

      • (ii) covenants over the land:

    • (c) whether there are or will be adequate mechanisms in place for—

      • (i) protecting or enhancing existing areas of significant habitats of trout, salmon, wildlife protected under section 3 of the Wildlife Act 1953, and game as defined in sections 2(1) of that Act (for example, any 1 or more of the mechanisms referred to in paragraph (b)(i) and (ii)); and

      • (ii) providing, protecting, or improving walking access to those habitats by the public or any section of the public:

    • (d) whether there are or will be adequate mechanisms in place for protecting or enhancing historic heritage within the relevant land, for example, any 1 or more of the following:

      • (i) conditions for conservation (including maintenance and restoration) and access:

      • (ii) agreement to support registration of any historic place, historic area, wahi tapu, or wahi tapu area under the Historic Places Act 1993:

      • (iii) agreement to execute a heritage covenant:

      • (iv) compliance with existing covenants:

    • (e) whether there are or will be adequate mechanisms in place for providing, protecting, or improving walking access over the relevant land or a relevant part of that land by the public or any section of the public:

    • (f) if the relevant land is or includes foreshore, seabed, or a bed of a river or lake, whether that foreshore, seabed, riverbed, or lakebed has been offered to the Crown in accordance with regulations:

    • (g) any other factors set out in regulations.