6 Interpretation

(1)

In this Act, unless the context requires otherwise,—

acquisition includes obtaining ownership or coming into possession by any means

associate has the meaning set out in section 8

associated land has the meaning set out in section 8

bed means—

(a)

in relation to any river, the space of land that the waters of the river cover at its fullest flow without overtopping the banks; and

(b)

in relation to a lake not controlled by artificial means, the space of land that the waters of the lake cover at its highest level without exceeding its physical margin; and

(c)

in relation to a lake controlled by artificial means, the space of land that the waters of the lake cover at the maximum operating level

benefit to New Zealand test means the test set out in section 16A

business decision means a decision under this Act on whether or not to consent to an overseas investment in significant business assets

call-in transaction has the meaning set out in section 82

category, in relation to an overseas investment, means any of the following categories:

(a)

an overseas investment in sensitive land:

(b)

an overseas investment in significant business assets:

(c)

an overseas investment in fishing quota

Commission means the Overseas Investment Commission

commitment to reside in New Zealand test means the test set out in Part 2 of Schedule 2

consent means a consent granted under this Act for an overseas investment transaction

consent holder means the person or persons to whom a consent is issued

control rights, in respect of a person (A), means—

(a)

the power to participate in the control of the composition of A’s governing body; or

(b)

the right to exercise, or control of the exercise of, the voting power at a meeting of A

conveyancing services has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

court means the High Court

critical direct supplier means a person who has been notified by the Minister of their status as a critical direct supplier under section 20D

direction order means an order made under section 88

disposal order means an order made under section 93

district valuation roll means the roll that each territorial authority must prepare and maintain under section 7 of the Rating Valuations Act 1998 for its own district in accordance with rules made under that Act

document means any record of information; and includes—

(a)

anything on which there is writing or any image; and

(b)

information recorded by means of any article or device (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device; and

(c)

material subsequently derived from information recorded by that means

emergency notification regime means the regime in subpart 1 of Part 3 that is inserted by section 52 of the Overseas Investment (Urgent Measures) Amendment Act 2020

estate or interest has the meaning set out in section 5(1) of the Land Transfer Act 2017

excluded accommodation facility means—

(a)

a hospital; or

(b)

any premises used, or intended to be used, in the course of business principally for providing temporary lodging to the public; or

(c)

a camping ground; or

(d)

any facility within a class set out in regulations as a class of facility to be treated as an additional excluded accommodation facility in this Act

exempted interest means—

(a)

an easement; or

(b)

a profit à prendre that is not a regulated profit à prendre

exemption certificate means a certificate granted under clause 4 of Schedule 3 (dwellings in large apartment developments that are purchased off-the-plans)

farm land means land (other than residential (but not otherwise sensitive) land) used exclusively or principally for agricultural, horticultural, or pastoral purposes, or for the keeping of bees, poultry, or livestock

fishing quota decision means a decision under sections 56 to 58B of the Fisheries Act 1996 on whether or not to consent to an overseas investment in fishing quota

foreshore, seabed has the same meaning as marine and coastal area

forestry right means—

(a)

a right created in accordance with the Forestry Rights Registration Act 1983; or

(b)

any other profit à prendre that—

(i)

relates to taking timber from a forest; and

(ii)

to the extent (if any) that the profit à prendre relates to other things, would, were the profit à prendre to be treated as a separate profit à prendre in relation to those things, fall within paragraph (b) of the definition of regulated profit à prendre in this subsection

give effect to a call-in transaction

(a)

means to acquire or dispose of any property under a call-in transaction; but

(b)

excludes an acquisition or disposition that is conditional on a direction order being made

give effect to an overseas investment

(a)

means to acquire or dispose of any property, or establish any business, that results in an overseas investment in sensitive land, overseas investment in significant business assets, or overseas investment in fishing quota; but

(b)

excludes an acquisition, disposition, or establishment that is conditional on consent being obtained under this Act

governing body means,—

(a)

in relation to a body corporate, the board of directors (or other persons or body exercising powers of management, however described) of the body corporate:

(b)

in relation to a trust, the trustees:

(c)

in relation to a unit trust, the manager and trustee:

(d)

in relation to a partnership, unincorporated joint venture, or other unincorporated body of persons, either—

(i)

the board of directors (or other persons or body exercising powers of management, however described) of the partnership, unincorporated joint venture, or other unincorporated body of persons; or

(ii)

if there is no board or other persons or body as described in subparagraph (i), the partners of the partnership or members of the unincorporated joint venture or other unincorporated body of persons

guidelines means guidelines issued by the regulator under section 36

historic heritage

(a)

means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:

(i)

archaeological:

(ii)

architectural:

(iii)

cultural:

(iv)

historic:

(v)

scientific:

(vi)

technological; and

(b)

includes—

(i)

historic sites, structures, places, and areas; and

(ii)

archaeological sites; and

(iii)

sites of significance to Maori, including wahi tapu; and

(iv)

surroundings associated with the natural and physical resources

incidental residential use test means the test set out in clause 14 of Schedule 2

increased housing test means the test set out in clause 11 of Schedule 2

individuals with control of the relevant overseas person has the meaning set out in section 15

intelligence or security agency means—

(a)

the New Zealand Defence Force:

(b)

the Government Communications Security Bureau:

(c)

the New Zealand Security Intelligence Service

interim direction order means an order under section 91

interest includes a legal or equitable interest

investor test means the test set out in section 18A

investor test factors means the factors set out in section 18A(4)

involved, in relation to a contravention, an offence, or a failure to comply, has the meaning set out in subsection (7)

lake means a lake (as defined in section 2(1) of the Resource Management Act 1991) that has a bed that exceeds 8 hectares in area

land decision means a decision under this Act on whether or not to consent to an overseas investment in sensitive land

LINZ means Land Information New Zealand

listed issuer

(a)

means a person that is a party to a listing agreement with a licensed market operator in relation to a licensed market (and includes a licensed market operator that has financial products quoted on its own licensed market); but

(b)

excludes a person that is a listed issuer only because its debt securities are approved for trading on a licensed market,—

where terms used in this definition have the same meanings as in the Financial Markets Conduct Act 2013

long-term accommodation facility

(a)

means—

(i)

a retirement village or rest home; or

(ii)

a hostel within the meaning of section 10(1) of the Education and Training Act 2020, or other facility used or intended to be used to provide accommodation to students in accordance with the requirements of section 5B of the Residential Tenancies Act 1986; but

(b)

does not include any facility to the extent that it is, or is part of, an excluded accommodation facility

managed investment scheme has the meaning set out in section 9 of the Financial Markets Conduct Act 2013

marine and coastal area has the meaning set out in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011, but any reference to land adjoining the marine and coastal area is to land that adjoins this land on the landward side only

media business with significant impact has the meaning set out in section 20G

military or dual-use technology means—

(a)

any goods listed in the strategic goods list, but not of a class specified in regulations; and

(b)

any technology—

(i)

that control of which, or access to which, could pose a significant risk to national security or public order; and

(ii)

that is within a class of technology set out in regulations

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

more than 25% ownership or control interest has the meaning set out in subsection (4)

more than 25% subsidiary has the meaning set out in subsection (5)

natural and physical resources has the meaning set out in section 2(1) of the Resource Management Act 1991

New Zealand listed issuer means a listed issuer that is incorporated in New Zealand

non-occupation outcome has the meaning set out in clause 17 of Schedule 2

non-NZ government investor means—

(a)

the government, or any part of the government (including regional or local government), of—

(i)

a territory other than New Zealand; or

(ii)

a part of a territory other than New Zealand; or

(b)

a relevant government enterprise; or

(c)

a person who is acting—

(i)

as an agent, a trustee, or a representative of a person described in paragraph (a) or (b); or

(ii)

in any way on behalf of a person described in paragraph (a) or (b); or

(iii)

subject to the direction, control, or influence of a person described in paragraph (a) or (b)

non-residential use test means the test set out in clause 13 of Schedule 2

non-urban land means—

(a)

farm land; and

(b)

any land other than land that is both—

(i)

in an urban area; and

(ii)

used for commercial, industrial, or residential purposes

ordinarily resident in New Zealand has the meaning set out in subsection (2)

Overseas Investment Amendment Act (No 3) 2020 means the Act that will result from the Overseas Investment Amendment Bill (No 3)

overseas investment in fishing quota has the meaning set out in section 57D of the Fisheries Act 1996

overseas investment in sensitive land has the meaning set out in section 12

overseas investment in SIB assets has the meaning set out in section 82

overseas investment in significant business assets has the meaning set out in section 13

overseas investment transaction means a transaction that results in an overseas investment in sensitive land, an overseas investment in significant business assets, or an overseas investment in fishing quota

overseas person has the meaning set out in section 7

prohibition order means an order made under section 92

property includes real and personal property, any interest in any real or personal property, any chose in action, and any other right or interest

regulated profit à prendre

(a)

means—

(i)

a forestry right; or

(ii)

any other profit à prendre, if the area of land covered by the profit à prendre is (or will be) used exclusively or principally for the purposes of the profit à prendre; but

(b)

does not include a profit à prendre that is not a forestry right, if the profit à prendre

(i)

consists only of rights to take any mineral (as that term is defined in section 2(1) of the Crown Minerals Act 1991); or

(ii)

is within a class set out in regulations as a class of profits à prendre not to be treated as regulated profits à prendre

regulations means regulations made under this Act

regulator has the meaning set out in section 30

relevant government enterprise means—

(a)

a body corporate (W), if a relevant government investor or investors have, directly or indirectly, a more than 25% ownership or control interest in W; or

(b)

a partnership, an unincorporated joint venture, or any other unincorporated body of persons (Z) (other than a trust or unit trust or managed investment scheme) if—

(i)

more than 25% of Z’s partners or members are relevant government investors; or

(ii)

1 or more relevant government investors have a beneficial interest in or entitlement to more than 25% of Z’s profits or assets (including on Z’s winding up); or

(iii)

1 or more relevant government investors have the right to exercise, or to control the exercise of, more than 25% of the voting power at a meeting of Z; or

(c)

a trust (X) (other than a managed investment scheme) if—

(i)

more than 25% of X’s governing body are relevant government investors; or

(ii)

1 or more relevant government investors have a beneficial interest in or entitlement to more than 25% of X’s trust property; or

(iii)

more than 25% of the persons having the right to amend or control the amendment of X’s trust deed are relevant government investors; or

(iv)

more than 25% of the persons having the right to control the composition of X’s governing body are relevant government investors; or

(d)

a unit trust (Y) (other than a managed investment scheme) if—

(i)

the manager or trustee, or both, are relevant government investors; or

(ii)

1 or more relevant government investors have a beneficial interest in or entitlement to more than 25% of Y’s trust property; or

(e)

a managed investment scheme if—

(i)

the manager or the trustee (as the case may be) is a relevant government investor; or

(ii)

more than 25% of the value of the investment products in the managed investment scheme is invested on behalf of 1 or more relevant government investors,—

where terms used in this paragraph have the same meanings as in the Financial Markets Conduct Act 2013

relevant government investor means a non-NZ government investor or an associate of a non-NZ government investor

relevant land, in relation to an overseas investment in sensitive land, means the land that the estate or interest referred to in section 12(a) or (b) relates to

relevant Minister or Ministers means,—

(a)

in the case of a business decision, the Minister:

(b)

in the case of a fishing quota decision, the Minister and the Minister of Fisheries:

(c)

in the case of a land decision, the Minister and the Minister for Land Information:

(d)

in the case of a decision that is in more than 1 of the above categories, all of the Ministers that are relevant to those categories

relevant overseas person has the meaning set out in section 15

Reserve Bank means the Reserve Bank of New Zealand

residential (but not otherwise sensitive) land means land that—

(a)

is or includes residential land; but

(b)

is not otherwise sensitive under Part 1 of Schedule 1

residential dwelling

(a)

means a building or group of buildings, or part of a building or group of buildings, that is—

(i)

used, or intended to be used, only or mainly for residential purposes; and

(ii)

occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household; but

(b)

does not include any dwelling—

(i)

to the extent that it is, or is part of, a long-term accommodation facility or an excluded accommodation facility; or

(ii)

within a class set out in regulations as a class of dwellings not to be treated as residential dwellings in this Act

residential land

(a)

means land that has a property category of residential or lifestyle in, or for the purpose of, the relevant district valuation roll (for example, the land’s first character category code is “R” or “L”); and

(b)

includes a residential flat in a building owned by a flat-owning company (regardless of whether the building is on land within a property category referred to in paragraph (a)), and, for that purpose, references in this Act to interest include a licence to occupy that flat, where terms in this paragraph have a meaning corresponding to those in section 121A of the Land Transfer Act 1952 or section 122 of the Land Transfer Act 2017

risk management action means the making of a direction order, prohibition order, disposal order, or recommendation under section 96 that a person be put into statutory management

river means a river (as defined in section 2(1) of the Resource Management Act 1991) that has a bed of an average width, for its length on or adjoining the relevant land, of 3 metres or more

section 12 interest has the meaning set out in section 12

security

(a)

means any interest or right to participate in any capital, assets, earnings, royalties, or other property of any person; and

(b)

includes specifically—

(i)

a share in a company or other body corporate; and

(ii)

a unit in a unit trust; and

(iii)

an interest in a partnership or unincorporated joint venture; and

(iv)

a right, conferred by membership of an incorporated or unincorporated body of persons, to participate in the control or management of the body, vote at a general meeting of the body, or participate in the assets or property of the body on its winding up; and

(c)

includes also any other interest or right that confers rights of ownership of the property of any person, or to participate in the property of any person on the winding up of that person; and

(d)

includes also any other interest that confers rights to exercise control over the property or assets of any person; and

(e)

includes securities within paragraphs (a) to (d) in whatever currency they are expressed and whether they are situated in New Zealand or elsewhere; but

(f)

excludes an interest or right that is—

(i)

solely an interest in or right to be paid money that is, or is to be, deposited with, lent to, or otherwise owing by, any person (and is not convertible into a security within paragraphs (a) to (d)); or

(ii)

conferred solely for the purpose of securing the repayment of money of that kind (and is not convertible into a security within paragraphs (a) to (d))

security arrangement means an arrangement that in substance secures payment or performance of an obligation (without regard to the form of the arrangement or the identity of the person who has title to the property that is subject to the arrangement)

sensitive assets means—

(a)

a section 12 interest; and

(b)

any rights or interests in securities, business, or property of a kind described in section 13; and

(c)

any interest in fishing quota, or rights or interests, of a kind described in section 57D of the Fisheries Act 1996; and

(d)

any rights or interests in securities or property of a kind described in section 82(2)

sensitive (but not residential) land means land that—

(a)

is not and does not include residential land; but

(b)

is sensitive under Part 1 of Schedule 1 for some other reason

sensitive information means information, but not of a class set out in regulations, that—

(a)

is genetic, biometric, health, or financial information of individuals or relates to the sexual orientation or sexual behaviour of individuals; or

(b)

is official information (as defined in section 2(1) of the Official Information Act 1982 or section 2(1) of the Local Government Official Information and Meetings Act 1987) that is relevant to the maintenance of national security or public order

SIB, or strategically important business, means a business that is 1 or more of the following:

(a)

a business that researches, develops, produces, or maintains military or dual-use technology, but not of a class set out in regulations:

(b)

a business that is a critical direct supplier, but not of a class set out in regulations:

(c)

a business of a class set out in regulations that is involved in ports or airports:

(d)

a business of a class set out in regulations that is involved in electricity generation, distribution, metering, or aggregation:

(e)

a business of a class set out in regulations that is involved in drinking water, waste water, or storm water infrastructure:

(f)

a business of a class set out in regulations that is involved in telecommunications infrastructure or services:

(g)

a business of a class set out in regulations that is a financial institution or is involved in financial market infrastructure:

(h)

a business that is a media business with significant impact:

(i)

in section 20A (relating to transactions of national interest),—

(i)

a business of a class set out in regulations that is involved in an irrigation scheme:

(ii)

any other business of a class set out in regulations that is involved in a strategically important industry or that owns or controls high-risk critical national infrastructure:

(j)

in section 82(2) (definition of overseas investment in SIB assets), a business of a class set out in regulations that develops, produces, maintains, or otherwise has access to sensitive information

strategic goods list means the list of all goods and classes of goods whose exportation is prohibited under section 96 of the Customs and Excise Act 2018 because they have or may have a strategic use (within the meaning of section 96(11) of that Act) that the Secretary is required to publish under section 96(7) of that Act

subsidiary has the meaning set out in sections 5 and 6 of the Companies Act 1993

transaction includes—

(a)

the sale or transfer of property or securities; and

(b)

the issue, allotment, buyback, or cancellation of securities; and

(c)

the entering into, or the giving of effect to a provision in, a contract or arrangement; and

(d)

the arriving at, or the giving of effect to, an understanding

transaction of national interest means—

(a)

a transaction of a kind described in section 20A; and

(b)

a transaction that the Minister has identified in a notice given under section 20B

unpublished CDS means a critical direct supplier whose status is not published on the list of critical direct suppliers under section 20D(2)(b)(i)

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in a year and ending with 15 January in the following year.

(2)

In this Act, a person is ordinarily resident in New Zealand,—

(a)

for the purposes of a transaction that will result in an overseas investment in sensitive land where the relevant land is or includes residential land, and related matters, if the person—

(i)

holds a residence class visa granted under the Immigration Act 2009; and

(ii)

has been residing in New Zealand for at least the immediately preceding 12 months; and

(iii)

is tax resident in New Zealand (see subsection (2A)); and

(iv)

has been present in New Zealand for 183 days or more in total in the immediately preceding 12 months (counting presence in New Zealand for part of a day as a presence for a whole day):

(b)

for the purposes of a transaction that will not result in an overseas investment in sensitive land where the relevant land is or includes residential land, and related matters, if the person—

(i)

holds a residence class visa granted under the Immigration Act 2009; and

(ii)

is in one of the following categories:

(A)

is domiciled in New Zealand; or

(B)

is residing in New Zealand with the intention of residing there indefinitely, and has done for the immediately preceding 12 months (see subsection (3)).

(2A)

In subsection (2)(a)(iii), tax resident in New Zealand means a person who is a New Zealand resident under section YD 1(3) of the Income Tax Act 2007, where the reference in section YD 1(3) to a 12-month period is treated as the immediately preceding 12 months (disregarding the rules in section YD 1(4) to (6) of that Act).

(3)

Absence from New Zealand for no more than 183 days in aggregate in the last 12 months (counting presence in New Zealand for part of a day as presence for a whole day) does not prevent a person from satisfying the requirement for residing in New Zealand for the last 12 months under subsection (2)(b)(ii)(B).

(4)

In this Act, a person (A) has a more than 25% ownership or control interest in another person (B) if A has—

(a)

a beneficial entitlement to, or a beneficial interest in, more than 25% of B’s securities; or

(b)

the power to control the composition of more than 25% of the governing body of B; or

(c)

the right to exercise or control the exercise of more than 25% of the voting power at a meeting of B.

(5)

In this Act, a body corporate (B) is a more than 25% subsidiary of another body corporate (A) if—

(a)

B is a subsidiary of A under sections 5 to 7 of the Companies Act 1993; or

(b)

A controls the composition of more than 25% of the governing body of B; or

(c)

A is in a position to exercise, or control the exercise of, more than 25% of the voting power at a meeting of B.

(6)

Section 7 of the Companies Act 1993 applies for the purposes of determining under this Act whether a person controls the composition of the governing body of another person as if references in that section to a company, a board, and directors were to a person, a governing body, and members of the governing body, respectively.

(7)

In this Act, a person is involved in a contravention, the commission of an offence, or a failure to comply if the person—

(a)

has aided, abetted, counselled, or procured the contravention, the commission of the offence, or the failure; or

(b)

has induced, whether by threats or promises or otherwise, the contravention, the commission of the offence, or the failure; or

(c)

has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention, the commission of the offence, or the failure; or

(d)

has conspired with others to effect the contravention, the commission of the offence, or the failure.

(8)

Subsection (7) does not apply to proceedings for offences (but see Part 4 of the Crimes Act 1961, which relates to parties to the commission of offences).

(9)

In sections 13(1)(c) and 82, references to an acquisition of property do not include the making of a loan or subscription for an interest or right that is solely an interest in or right to be paid money that is, or is to be, deposited with, lent to, or otherwise owing by, any person (provided that the loan, interest, or right is not convertible into a security within paragraphs (a) to (d) of the definition of security in section 6(1)).

Section 6(1) 25% or more ownership or control interest: repealed, on 16 June 2020, by section 6(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) 25% or more subsidiary: repealed, on 16 June 2020, by section 6(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) benefit to New Zealand test: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) call-in transaction: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) commitment to reside in New Zealand test: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) control rights: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) conveyancing services: inserted, on 22 October 2018, by section 8(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) critical direct supplier: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) direction order: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) disposal order: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) district valuation roll: inserted, on 22 October 2018, by section 4 of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) emergency notification regime: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) estate or interest: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) excluded accommodation facility: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) exempted interest: replaced, on 22 October 2018, by section 6(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) exemption certificate: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) farm land: amended, on 22 October 2018, by section 8(3) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) foreshore, seabed: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) foreshore or seabed: repealed, on 16 June 2020, by section 6(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) forestry right: inserted, on 22 October 2018, by section 6(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) give effect to a call-in transaction: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) incidental residential use test: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) increased housing test: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) intelligence or security agency: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) interim direction order: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) investor test: replaced, on 22 March 2021, by section 6(4) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) investor test factors: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) involved: replaced, on 16 June 2020, by section 6(5) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) listed issuer: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) long-term accommodation facility: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) long-term accommodation facility paragraph (a)(ii): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 6(1) managed investment scheme: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) marine and coastal area: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) media business with significant impact: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) military or dual-use technology: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) more than 25% ownership or control interest: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) more than 25% subsidiary: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) New Zealand listed issuer: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) non-NZ government investor: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) non-occupation outcome: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) non-residential use test: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) Overseas Investment Amendment Act (No 3) 2020: inserted, on 16 June 2020, by section 6(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) overseas investment in SIB assets: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) prohibition order: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) regulated profit à prendre: inserted, on 22 October 2018, by section 6(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) relevant government enterprise: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) relevant government investor: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) relevant land: amended, on 16 June 2020, by section 6(6) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) residential (but not otherwise sensitive) land: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) residential dwelling: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) residential land: inserted, on 22 October 2018, by section 4 of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) risk management action: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) section 12 interest: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) security arrangement: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) sensitive assets: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) sensitive (but not residential) land: inserted, on 22 October 2018, by section 8(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(1) sensitive information: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) SIB, or strategically important business: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) SIB, or strategically important business paragraph (j): inserted, on 7 June 2021, by section 53(14) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) strategic goods list: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) transaction of national interest: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) unpublished CDS: inserted, on 16 June 2020, by section 6(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 6(2): replaced, on 22 October 2018, by section 8(4) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(2)(a)(iii): amended, on 16 June 2020, by section 6(7) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(2A): inserted, on 22 October 2018, by section 8(5) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(3): amended, on 22 October 2018, by section 8(6) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(4): amended, on 16 June 2020, by section 6(8) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(4)(a): amended, on 16 June 2020, by section 6(9) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(4)(b): amended, on 16 June 2020, by section 6(9) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(4)(c): amended, on 16 June 2020, by section 6(9) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(5): amended, on 16 June 2020, by section 6(10) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(5)(b): amended, on 16 June 2020, by section 6(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(5)(c): amended, on 16 June 2020, by section 6(11) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 6(7): inserted, on 22 October 2018, by section 8(7) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(8): inserted, on 22 October 2018, by section 8(7) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 6(9): inserted, on 16 June 2020, by section 6(12) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).