Reprint as at 1 February 2011
(SR 2005/220)
Silvia Cartwright, Governor-General
At Wellington this 1st day of August 2005
Present:
Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Treasury.
Pursuant to section 61 of the Overseas Investment Act 2005, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Finance, makes the following regulations.
Procedure for offering farm land or farm land securities for acquisition on open market
4 Purpose of regulations 5 to 10
5 Procedure for offering farm land or farm land securities for acquisition on open market
6 Obligation of owner to advertise that farm land or farm land securities available for acquisition
9 Farm land or farm land securities must be on open market for minimum period
10 Advertisement must be published within previous 12 months
11 Effect of regulations 5 to 10
Procedure for offering foreshore, seabed, riverbed, or lakebed to the Crown
12 Procedure for offering foreshore, seabed, riverbed, or lakebed to the Crown
13 Obligation of owner to give notice to relevant Ministers and regulator
15 The Crown may waive right to acquire special land
16 Procedure if the Crown does not waive right to acquire special land at outset
19 Appointment of valuer is not an arbitration
20 Valuer may determine market value of special land with reference to market value of relevant land
21 Valuer must give notice to parties on determining market value of special land
22 Relevant Ministers and owner must negotiate in good faith
23 Effect of offering special land to the Crown
24 Relevant Ministers must decide on whether to accept offer to acquire special land
25 Agreement for acquisition of special land by the Crown must be conditional on overseas investment receiving consent and being given effect to
26 What happens if there is material change to terms and conditions of overseas investment transaction
27 Minister may delegate functions and powers to regulator [Revoked]
Other factors for assessing benefit of overseas investment in sensitive land
28 Other factors for assessing benefit of overseas investment in sensitive land
30 When fees and charges are payable
31 Administrative penalty for late filing
32 Administrative penalty for retrospective consent
Exemptions from requirement for consent
33 Certain transactions exempted from requirement for consent
Exemptions from requirement for consent provisions of Act
34 Exemption for persons connected to portfolio investors or New Zealand controlled persons
35 Exemption for New Zealand controlled persons
36 Consequential exemption for other transactions
38 Requirements for application for exemption
39 Relevant Minister or Ministers may give notice of exercise of powers
Schedule 1
Form of advertisement
Schedule 4
New Zealand controlled persons
Overseas Investment Amendment Regulations (No 2) 2006
Overseas Investment Amendment Regulations 2008
Overseas Investment Amendment Regulations (No 2) 2009