New Zealand Legislation: Regulations

3 Interpretation

• (1) In these regulations, unless the context otherwise requires,—

  Act means the Overseas Investment Act 2005

  certificate of title means a certificate of title or computer register issued or created under the Land Transfer Act 1952

  farm land securities has the meaning given to it by regulation 4

  owner, in relation to relevant land,—

  • (a) means the owner of that land; and

  • (b) includes any person authorised in writing by the owner to act as the owner’s agent

  requirement for consent means the requirement to obtain consent under all or any of the following provisions:

  • (a) section 10(1)(a) of the Act (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in sensitive land):

  • (b) section 10(1)(b) of the Act (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in significant business assets):

  • (c) section 57B of the Fisheries Act 1996 (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in fishing quota)

  requirement for consent provisions of the Act—

  • (a) means either or both of the following provisions:

    • (i) section 10(1)(a) of the Act (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in sensitive land):

    • (ii) section 10(1)(b) of the Act (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in significant business assets); but

  • (b) does not include section 57B of the Fisheries Act 1996 (which sets out the requirement for consent to be obtained to a transaction that will result in an overseas investment in fishing quota)

  special land has the meaning given to it by regulation 12

  specified persons means persons—

  • (a) who are overseas persons only because of their direct or indirect connection with a person listed in Schedule 3 or Schedule 4; but

  • (b) who would not be overseas persons if 1 or more of the persons listed in Schedule 3 or Schedule 4 were not overseas persons.

  (2) [Revoked]

  (3) Examples used in these regulations have the following status:

  • (a) an example is only illustrative of the provision to which it relates and does not limit the provision; and

  • (b) if an example and the provision to which it relates are inconsistent, the provision prevails.

  Regulation 3(1) Minister: revoked, on 1 September 2006, by regulation 4 of the Overseas Investment Amendment Regulations (No 2) 2006 (SR 2006/231).

  Regulation 3(2): revoked, on 3 September 2009, by regulation 4 of the Overseas Investment Amendment Regulations (No 2) 2009 (SR 2009/210).