Phase 2 Overseas Investment Act Reform Information Release

In November 2021, the Government completed the Phase Two reforms of the Overseas Investment Act 2005.

The reforms, led by the Treasury, resulted in the introduction of the Overseas Investment (Urgent Measures) Amendment Act 2020 and the Overseas Investment Amendment Act 2021, which balance the competing tensions of ensuring New Zealand attracts productive investment while also ensuring the government has the tools to manage the risks associated with the investment. All changes made to the Overseas Investment Act have been fully in force since 24 November 2021.

These changes built on the Overseas Investment Amendment Act 2018, which introduced a new screening regime for foreign buyers seeking to acquire an interest in residential land, as well as measures to encourage foreign investment in the forestry sector.

The Ministerial Directive Letter contains information on the Government’s general policy approach and other matters. In addition, the Treasury has released further guidance on foreign investment policy and the national interest test as linked below.

• Ministerial Directive Letter
• Foreign Investment Policy and National Interest Test Guidance

Information release material

Material available here includes:

• Cabinet material and Treasury advice relating to the Phase Two reform
• Treasury advice which constitutes the policy development involved in amending the Overseas Investment Act 2005 in response to the COVID-19 pandemic and associated economic downturn.

Material relating specifically to the consultation process and submissions received in 2019 is available at Overseas Investment Act Submissions Information Release.