Overseas Investment Act 2005

Schedule 1 Sensitive land

s 12

Part 1 What land is sensitive

What land is sensitive

Land is sensitive under this Act if—

(a)

the land is or includes land of a type listed in table 1 and the area of that type of land exceeds the corresponding area threshold (either alone or together with any associated land of that type), if any; or

(b)

the land (land A) adjoins land of a type listed in table 2 and the area of land A exceeds the corresponding area threshold (either alone or together with any associated land), if any.

Table 1

RowLand is sensitive if it is or includes this type of land… and that type exceeds this area threshold (if any)
1residential land—
2non-urban land5 hectares
3land on islands specified in Part 2 of this schedule0.4 hectares
4land on other islands (other than North or South Island, but including the islands adjacent to the North or South Island)—
5marine and coastal area—
6bed of a lake0.4 hectares
7land held for conservation purposes under the Conservation Act 19870.4 hectares
8land that a district plan or proposed district plan under the Resource Management Act 1991 provides is to be used as a reserve, as a public park, for recreation purposes, or as open space0.4 hectares
9land subject to a heritage order, or a requirement for a heritage order, under the Resource Management Act 1991 or by Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 20140.4 hectares
10a historic place, historic area, wahi tapu, or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 67(4) or 68(4) of the Heritage New Zealand Pouhere Taonga Act 20140.4 hectares
11land that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 19930.4 hectares

Schedule 1 Part 1 Table 1: amended, on 5 July 2021, by section 32(2) of the Overseas Investment Amendment Act 2021 (2021 No 17).

Schedule 1 Part 1 Table 1 item 5: amended, on 5 July 2021, by section 32(1) of the Overseas Investment Amendment Act 2021 (2021 No 17).

Schedule 1 Part 1 Table 1 item 1: amended, on 22 October 2018, by section 5(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Schedule 1 Part 1 Table 1 item 11: amended, on 22 October 2018, by section 5(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Schedule 1 Part 1 Table 1: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Table 2

RowLand A is sensitive if it adjoins land of this type… and land A exceeds this area threshold (if any)
1marine and coastal area0.2 hectares
2bed of a lake0.4 hectares
3land held for conservation purposes under the Conservation Act 1987 (if that conservation land exceeds 0.4 hectares in area)0.4 hectares
4any reserve under the Reserves Act 1977 that is administered by the Department of Conservation (if that reserve land exceeds 0.4 hectares in area)0.4 hectares
5any regional park or part of a regional park that is subject to a declaration under section 139 of the Local Government Act 2002 (if that park or part of the park exceeds 80 hectares)0.4 hectares
6any national park held under the National Parks Act 19800.4 hectares
7land that adjoins the marine and coastal area or a lake and is a Māori reservation to which section 340 of Te Ture Whenua Maori Act 1993 applies (if that land/reservation exceeds 0.4 hectares in area)0.4 hectares
8land over 0.4 hectares that includes a wahi tapu or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 68(4) of the Heritage New Zealand Pouhere Taonga Act 20140.4 hectares
9land over 0.4 hectares that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 19930.4 hectares
10

land (if that land exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations,—

(a)

is owned by the governance entity of a collective group of Māori such as an iwi or a hapū; and

(b)

is managed in accordance with the Conservation Act 1987 or an enactment referred to in Schedule 1 of that Act

0.4 hectares
11any reserve under the Reserves Act 1977 (if that reserve exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations, is managed wholly or jointly by the governance entity of a collective group of Māori such as an iwi or a hapū0.4 hectares
12Te Urewera land (as defined in section 7 of the Te Urewera Act 2014)0.4 hectares
13Whanganui River (as defined in section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017) 0.4 hectares
14Maungatautari Mountain Scenic Reserve (as defined in section 71(1) of the Ngāti Koroki Kahukura Claims Settlement Act 2014) 0.4 hectares

Schedule 1 Part 1 Table 2: replaced, on 5 July 2021, by section 32(3) of the Overseas Investment Amendment Act 2021 (2021 No 17).

Part 2 Specified islands

Arapawa Island

Best Island

Great Barrier Island (Aotea Island)

Great Mercury Island (Ahuahu)

Jackett Island

Kawau Island

Matakana Island

Mayor Island (Tuhua)

Motiti Island

Motuhoa Island

Rakino Island

Rangiwaea Island

Slipper Island (Whakahau)

Stewart Island/Rakiura

Waiheke Island

Whanganui Island