Overseas Investment Regulations 2005

71 Definitions

(1)

In this Part, unless the context otherwise requires,—

Australian CER Investment Protocol is to be read in accordance with regulation 70(2)

Australian individual is to be read in accordance with regulation 74

Australian investor is to be read in accordance with regulation 78

enterprise means any of the following, whether acting for profit or not:

(a)

a body corporate:

(b)

a trust (including a unit trust):

(c)

a partnership:

(d)

a sole proprietorship:

(e)

a joint venture:

(f)

any other unincorporated body of persons

non-NZ enterprise means an enterprise that is neither constituted nor organised under the law of New Zealand

NZ branch means a branch of an enterprise if the branch is located in New Zealand

NZ individual means—

(a)

a New Zealand citizen; or

(b)

a natural person who is ordinarily resident in New Zealand

ordinarily resident in New Zealand has the relevant meaning in section 6(2)(a) or (b) of the Act, as the case requires, except that the requirement to hold a residence class visa granted under the Immigration Act 2009 does not apply

ownership and control test is to be read in accordance with regulation 72

relevant investor, in relation to a transaction, means—

(a)

an overseas person if, as a result of the transaction and either alone or with any other person, the overseas person—

(i)

acquires an interest in land referred to in section 12(a) of the Act; or

(ii)

acquires rights or interests in securities of a person (A) if A owns or controls (directly or indirectly) an interest in land described in section 12(a) of the Act; or

(b)

an associate of an overseas person if, as a result of the transaction and either alone or with any other person, the associate—

(i)

acquires an interest in land referred to in section 12(a) of the Act; or

(ii)

acquires rights or interests in securities of a person (A) if A owns or controls (directly or indirectly) an interest in land described in section 12(a) of the Act

Singapore CEP is to be read in accordance with regulation 70(3)

Singaporean individual is to be read in accordance with regulation 80

Singaporean investor is to be read in accordance with regulation 83.

(2)

See regulation 74 for further definitions that apply in subpart 2.

(3)

See regulation 80 for further definitions that apply in subpart 3.

Regulation 71: inserted, on 22 October 2018, by regulation 18 of the Overseas Investment Amendment Regulations 2018 (LI 2018/154).