Overseas Investment (National Interest Test and Other Matters) Amendment Bill
A short form supplementary disclosure statement for proposed government amendments to a Bill seeks to bring together in one place some selected information to support and enhance the Parliamentary and public scrutiny of those proposed amendments.
It highlights certain significant powers or features in the proposed amendments that might be of particular Parliamentary or public interest and warrant an explanation.
It provides a limited supplement to the original disclosure statement for the Overseas Investment (National Interest Test and Other Matters) Amendment Bill, dated 8 May 2025, which can be found at this link: https://disclosure.legislation.govt.nz/bill/government/2025/171
This supplementary disclosure statement was prepared by the Treasury.
The Treasury certifies that, to the best of its knowledge and understanding, the information provided is complete and accurate at the date of finalisation below.
13 November 2025.
Significant Legislative Features
Offences, penalties and court jurisdictions
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1. Do the proposed amendments create, amend, or remove: |
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(a) offences or penalties (including infringement offences or penalties and civil pecuniary penalties)? |
NO |
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(b) the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)? |
NO |
Privacy issues
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2. Do the proposed amendments create, amend, or remove any provisions relating to the collection storage, access to, correction of, use or disclosure of personal information? |
NO |
Compulsory acquisition of private property
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3. Do the proposed amendments contain any provisions that could result in the compulsory acquisition of private property? |
NO |
Charges in the nature of a tax
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4. Do the proposed amendments create or amend a power to impose a fee, levy or charge in the nature of a tax? |
NO |
Retrospective effect
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5. Do the proposed amendments affect rights, freedoms, or impose obligations, retrospectively? |
NO |
Strict liability or reversal of the burden of proof for offences
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6. Do the proposed amendments: |
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(a) create or amend a strict or absolute liability offence? |
NO |
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(b) reverse or modify the usual burden of proof for any offence or civil pecuniary penalty proceeding? |
NO |
Civil or criminal immunity
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7. Do the proposed amendments create or amend a civil or criminal immunity for any person? |
NO |
Significant decision-making powers
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8. Do the proposed amendments create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests? |
NO |
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The Amendment Paper makes amendments to allow residential land transactions from qualifying investor visa holders to be screened through the new national interest test, instead of the benefit to New Zealand test. The Minister (and the regulator through delegation) will continue to have the power to grant consents and impose conditions on residential land transactions from qualifying investor visa holders. |
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Powers to make delegated legislation
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9. Do the proposed amendments create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation? |
YES |
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The Amendment Paper proposes that the term “qualifying investor visa” be defined via regulations (using the Act’s existing regulation-making powers) and sets out criteria for what types of visas could be included in the future. As immigration settings (including visa classes) are set through immigration instructions (which are certified by the Minister of Immigration, the ability to set what visa classes are qualifying investor visas via regulation enables the Act to respond rapidly to any immigration setting changes. |
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10. Do the proposed amendments create or amend any other powers to make delegated legislation? |
NO |
Any other unusual provisions or features
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11. Do the proposed amendments contain any provisions (other than those noted above) that are unusual or call for special comment? |
NO |