Pursuant to section 61 of the Overseas Investment Act 2005, His 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.

1 Title

2 Commencement

3 Principal regulations amended

4 Interpretation

5 New Schedule 2 substituted

6 Transitional provision

Schedule
New Schedule 2 substituted

Regulations

1 Title

These regulations are the Overseas Investment Amendment Regulations (No 2) 2009.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations amended

These regulations amend the Overseas Investment Regulations 2005.

4 Interpretation

Regulation 3(2) is revoked.

5 New Schedule 2 substituted

Schedule 2 is revoked and the Schedule 2 set out in the Schedule of these regulations substituted.

6 Transitional provision

Schedule 2 of the principal regulations (as in force immediately before the commencement of these regulations) continues to apply to applications and requests made before the commencement of these regulations.

r 5

Schedule 2
Fees and charges

r 29

Part 1
Applications relating to overseas investments in sensitive land

Application Determination by relevant Ministers or by regulator under delegation ($)

For consent for a transaction Relevant Ministers 22,000

For consent for a transaction Regulator 19,100

For consent for a series of transactions involving either the same vendor or the same purchaser that follows the grant of a conditional consent for that series of transactions— Relevant Ministers or regulator

(a) for initial conditional consent 17,100

(b) for each following consent 13,000

For variation of consent or conditions of consent (including addition to and revocation of conditions of consent) Relevant Ministers 13,100

For variation of consent or conditions of consent (including addition to and revocation of conditions of consent) Regulator 12,300

For each exemption under regulation 37 Relevant Ministers 13,300

For each exemption under regulation 37 Regulator 13,100

Part 2
Applications relating to overseas investments in significant business assets

Application ($)

For consent for a transaction 12,900

For variation of consent or conditions of consent (including addition to and revocation of conditions of consent) 10,900

For each exemption under regulation 37 11,700

Part 3
Applications relating to overseas investments in fishing quota

Application ($)

For consent for a transaction 36,000

Part 4
Other applications

Application ($)

For exemption under regulation 37 by addition to Schedule 3 (which relates to portfolio investors)—

(a) application fee 10,500

(b) monitoring compliance with conditions of exemption for each 12-month period following addition to Schedule 3 9,500

For exemption under regulation 37 by addition to Schedule 4 (which relates to New Zealand controlled persons)—

(a) application fee 14,500

(b) monitoring compliance with conditions of exemption for each 12-month period following addition to Schedule 4 9,800

Part 5
Information and services

Request ($)

For provision of information or services $164 per hour

Application	Determination by relevant Ministers or by regulator under delegation	($)
For consent for a transaction	Relevant Ministers	22,000
For consent for a transaction	Regulator	19,100
For consent for a series of transactions involving either the same vendor or the same purchaser that follows the grant of a conditional consent for that series of transactions—	Relevant Ministers or regulator
(a)	for initial conditional consent		17,100
(b)	for each following consent		13,000
For variation of consent or conditions of consent (including addition to and revocation of conditions of consent)	Relevant Ministers	13,100
For variation of consent or conditions of consent (including addition to and revocation of conditions of consent)	Regulator	12,300
For each exemption under regulation 37	Relevant Ministers	13,300
For each exemption under regulation 37	Regulator	13,100

Application	($)
For consent for a transaction	12,900
For variation of consent or conditions of consent (including addition to and revocation of conditions of consent)	10,900
For each exemption under regulation 37	11,700

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Overseas Investment Regulations 2005 (the principal regulations).

These regulations set new increased fees and charges payable to the Overseas Investment Office for—

applications relating to overseas investments in sensitive land and significant business assets:
applications for exemption under regulation 37 of the principal regulations by addition to Schedule 3 or 4 of those regulations:
the provision of information or services.

These increases are to enable the regulator to fully recover its costs. These regulations also rationalise the charging structure.

The fee for an application relating to overseas investments in fishing quota is unchanged.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 6 August 2009.

These regulations are administered by the Treasury.

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Overseas Investment Amendment Regulations (No 2) 2009