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Information release

Review of Overseas Investment 2009/10 Information Release

Issue date: 
Thursday, 9 December 2010
Status: 
Not Current
Version note: 

This information release page and its linked files are no longer actively updated. They remain publicly available but have 'Archived' status in accordance with the New Zealand Government Web Usability Standard 1.3 (1 July 2019).

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Between May 2009 and December 2010  the Treasury released information relating to the second round of the Government's review of the Overseas Investment Act 2005 and the Overseas Investment Regulations 2005.

On 17 March 2009, the Government announced it would review the Overseas Investment Act 2005 and the Overseas Investment Regulations 2005. On 27 September 2010, the Minister of Finance announced the completion and conclusions of the review. On 9 December 2010, the Minister of Finance announced the final Regulations and Directive Letter to the Overseas Investment Office.

See the media statements by Hon Bill English, Minister of Finance on the Beehive website:

The Treasury has released documents relating to the second phase of the review which focused on the Act and Regulations. It includes Treasury reports, Cabinet papers and public submissions.

Documents

Accessible versions

Documents are available in Adobe PDF format only. Please contact [email protected] to request HTML versions.

Doc. Date Title View/Download
[24 Nov 2010] Cabinet Paper: Review of the Overseas Investment Act: Report Back on Final Drafting of Regulatory Changes and Ministerial Directive Letter
Released 9 Dec 2010
oi-cp-roiarrb.pdf (84 KB)

24 Nov 2010 Cabinet Minute: Review of the Overseas Investment Act: Report on Final Drafting of Regulatory Changes and Ministerial Directive Letter
Released 9 Dec 2010
oi-cm-rioarf.pdf (28 KB)

8 Dec 2010 Letter: Directive Letter to the Overseas Investment Office
Released 9 Dec 2010
oi-l-dloio.pdf (344 KB)

[8 Dec 2010] Regulations: Overseas Investment Regulations 2010
Released 9 Dec 2010
oi-r-oiar.pdf (24 KB)

22 Sep 2010 Minute of the Economic Growth and Infrastructure Committee: Completion of the Overseas Investment Act Review
Released 9 Nov 2010
oi-megi-coiar.pdf (28 KB)

15 Sep 2010 Treasury report: T2010/1747 - Overseas Investment Review – Final Draft Cabinet Paper For Lodging
Released 9 Nov 2010
oi-t2010-1747.pdf (32 KB)

[14 Sep 2010] Cabinet paper: Completion of the Overseas Investment Act review
This was the final Cabinet paper in the review and led to the decisions announced by the Minister of Finance on 27 September 2010
Released 9 Nov 2010
oi-cp-coir.pdf (83 KB)

[10 Sep 2010] Regulatory Impact Statement: Regulatory Impact Statement: Review of the overseas investment screening regime
Released 9 Nov 2010
oi-ris-coir.pdf (97 KB)

10 Sep 2010 Treasury report: T2010/1708 - Overseas Investment Review – Papers for Cabinet
Released 9 Nov 2010
oi-t2010-1708.pdf (35 KB)

27 Aug 2010 Treasury report: T2010/1607 - Foreign Investment and Vertically Integrated Firms
Released 9 Nov 2010
oi-t2010-1607.pdf (44 KB)

27 Aug 2010 Treasury report: T2010/1614 - Overseas Investment Act – options to take to Cabinet
Released 9 Nov 2010
oi-t2010-1614.pdf (55 KB)

30 Jul 2010 Treasury report: T2010/1413 - Overseas Investment Review: Linking the Substantial Harm Test with a Government Policy Statement
Released 9 Nov 2010
oi-t2010-1413.pdf (43 KB)

27 Jul 2010 Treasury report: T2010/1360 - Advice on the Aggregation of Farmland by Foreign Investors
Released 9 Nov 2010
oi-t2010-1360.pdf (74 KB)

13 Jul 2010 Treasury report: T2010/1266 - Should we be concerned about profits going offshore?
Released 9 Nov 2010
oi-t2010-1266.pdf (119 KB)

26 May 2010 Aide memoire: Update on the Overseas Investment Act Review
Released 9 Nov 2010
oi-am-uoiar.pdf (27 KB)

3 Mar 2010 Treasury Report: T2010/318 - Response to Questions on Overseas Investment Review Options
Released 9 Nov 2010
oi-t2010-318.pdf (33 KB)

[1 Mar 2010] A3 sheet with review options: Overseas Investment Act review: summary of options
Released 9 Nov 2010
oi-oiarso.pdf (62 KB)

25 Feb 2010 Treasury Report: T2010/295 - Overseas Investment Act Review - Options to Take Forward
Released 9 Nov 2010
oi-t2010-295.pdf (45 KB)

26 Jan 2010 Treasury Report: T2010/67 - Overseas Investment Review - Next Steps for 2010
Released 9 Nov 2010
oi-t2010-67.pdf (35 KB)

4 Dec 2009 Covering Treasury Report for the December draft Cabinet paper, including speaking points: T2009/2644 - Simplifying the Overseas Investment Act: EGI Paper and RIS
Released 9 Nov 2010
oi-t2009-2644.pdf (38 KB)

3 Dec 2009 Treasury Report : T2009/2627 - Exemptions from Overseas Investment Act Requirements for Oil and Gas Companies
Released 9 Nov 2010
oi-t2009-2627.pdf (32 KB)

Dec 2009 December revised version of the RIS : Review of the overseas investment screening regime: Regulatory Impact Statement
This document combines both a Regulatory Impact Statement and the supporting analysis, hence its size
Released 9 Nov 2010
oi-dec-ris.pdf (933 KB)

[1 Dec 2009] December revised Cabinet paper: Simplifying the Overseas Investment Act
This Cabinet paper was finalised by Treasury and was sent to the Minister of Finance but was not submitted for consideration by Cabinet.
Released 9 Nov 2010
oi-cp-soia.pdf (164 KB)

16 Oct 2009 Treasury Report: T2009/2335 - Overseas Investment Act Review - Exemptions
Released 9 Nov 2010
oi-t2009-2335.pdf (46 KB)

16 Oct 2009 Treasury Report: T2009/2324 - Overseas Investment Act review: Revised package of options for Cabinet
Released 9 Nov 2010
oi-t2009-2324.pdf (40 KB)

16 Oct 2009 Treasury Report: T2009/2323 - Overseas Investment Act review: Design of the substantial harm test
Released 9 Nov 2010
oi-t2009-2323.pdf (78 KB)

5 Oct 2009 Treasury Report and letter to a member of the public: T2009/2250 - Response regarding the Overseas Investment Act and seabed mining
Released 9 Nov 2010
oi-t2009-2250.pdf (30 KB)

[1 Oct 2009] A3 sheet with review options: Overseas investment review: range of options
Released 9 Nov 2010
oi-oiro.pdf (42 KB)

[15 Sep 2009] Early A3 sheet with revised options – used for consultation with Ministers.: Overseas investment review: range of options
Released 9 Nov 2010
oi-oirro1.pdf (42 KB)

[15 Sep 2009] Background Information: Overseas investment review
This note provided background information on the review of the Act
Released 9 Nov 2010
oi-n-oir.pdf (15 KB)

27 Aug 2009 Treasury Report: T2009/2012 - Overseas investment review: progress update
Released 9 Nov 2010
oi-t2009-2012.pdf (52 KB)

3 Aug 2009 Cabinet Minute: Improving the Overseas Investment Act
Released 9 Nov 2010
oi-cm-ioia.pdf (23 KB)

31 Jul 2009 Treasury Report: T2009/1798 - Cabinet consideration of the overseas investment review
Released 9 Nov 2010
oi-t2009-1798.pdf (49 KB)

29 Jul 2009 Minute of the Economic Growth and Infrastructure Committee: Improving the Overseas Investment Act
Released 9 Nov 2010
oi-m-ioia.pdf (34 KB)

[29 Jul 2009] Table prepared for EGI outlining changes to scope of sensitive land: Overseas investment review - proposed changes to sensitive land test
This document was prepared for the Cabinet Economic Growth and Infrastructure Committee to outline proposed changes to the scope of sensitive land
Released 9 Nov 2010
oi-t-egib.pdf (42 KB)

[27 Jul 2009] Cabinet Paper: Improving the Overseas Investment Act
This was the first Cabinet paper prepared for the review and was considered by the Economic Growth and Infrastructure Committee in July 2009
Released 9 Nov 2010
oi-cp-ioia.pdf (134 KB)

[24 Jul 2009] Briefing for MoF for EGI: Improving the Overseas Investment Act
Released 9 Nov 2010
oi-b-mof-egi.pdf (18 KB)

[23 Jul 2009] Annex to Cabinet Paper: Review of the overseas investment screening regime: Policy Document and Regulatory Impact Statement
This document combines both a Regulatory Impact Statement and the supporting analysis, hence its size. The document was intended to be publicly released to reflect Cabinet decisions, hence why it is written in the voice of the Government even though it was prepared by Treasury.
Released 9 Nov 2010
oi-cpa-ris-oir.pdf (865 KB)

23 Jul 2009 Treasury Report with Cabinet paper and RIS for EGI consideration in July: T2009/1736 - Overseas investment review: Cabinet paper and policy document for lodging
Released 9 Nov 2010
oi-t2009-1736.pdf (34 KB)

21 Jul 2009 Aide memoire: Aide memoire: Additional Options for Overseas Investment Review
Released 9 Nov 2010
oi-am-aooir.pdf (30 KB)

17 Jul 2009 Treasury Report: T2009/1692 - Overseas Investment review: near final policy document and Cabinet paper
Released 9 Nov 2010
oi-t2009-1692.pdf (60 KB)

14 Jul 2009 Treasury Report: T2009/1664 - Overseas investment review: information on Auckland Airport
Released 9 Nov 2010
oi-t2009-1664.pdf (36 KB)

23 Jun 2009 Treasury Report: T2009/1529 - Overseas Investment Review - full draft policy document
Released 9 Nov 2010
oi-t2009-1529.pdf (61 KB)

10 Jun 2009 Treasury Report: T2009/1382 - Overseas Investment Act review: Strategic Assets
Released 9 Nov 2010
oi-t2009-1382.pdf (80 KB)

28 May 2009 Treasury Report: T2009/1334 - Update on overseas investment review
Released 9 Nov 2010
oi-t2009-1334.pdf (37 KB)

1 May 2009 Treasury Report with draft of the RIS/policy document attached: T2009/1095 - Update on overseas investment review
Released 9 Nov 2010
oi-t2009-1095.pdf (42 KB)

19 Feb 2009 Treasury Report T2009/279: Improving the Overseas Investment Act
Released 19 May 2009
t2009-279.pdf (77 KB)

[17 Mar 2009] Terms of Reference for the Technical Reference Group tor-trg-roia.pdf (22 KB)

Public & Technical Reference Group Submissions

Public submissions were not sought during the Review, however these documents were proactively provided.

Accessible versions

Documents are available in Adobe PDF format only. Please contact [email protected] to request HTML versions.

Doc. Date Title View/Download
[12 Oct 2010] Background Information: Comments received by the Treasury from the Technical Reference Group
This document collates and summarises comments received by the Treasury from the Technical Reference Group
Released 9 Nov 2010
oi-bi-crbttr.pdf (63 KB)

24 Jun 2009 Letter: McDonald's Restaurants Ltd submission on the review
Released 9 Nov 2010
oi-l-mcdonalds.pdf (53 KB)

17 Jun 2009 Letter: AMP submission on the review
Released 9 Nov 2010
oi-l-amp.pdf (4504 KB)

16 Jun 2009 Letter: Contact Energy Ltd Submission on the review
Released 9 Nov 2010
oi-l-ce.pdf (839 KB)

Technical Reference Group for the Review of the Overseas Investment Act 2005

A Technical Reference Group (TRG) was established to assist in the review of the overseas investment regulatory regime. The role of the TRG was to:

  • provide suggestions on improvements that can be made to the Overseas Investment Act and Regulations; and
  • consider and comment on policy proposals referred by officials, with a particular focus on whether they will work in a practical context and achieve the desired outcome.

The members of the Technical Reference Group for the Review of the Overseas Investment Act 2005 were Andrew Monteith (Minter Ellison Rudd Watts); Andrew Petersen (Bell Gully); Don Holborow (Simpson Grierson); Garth Sinclair (Russell McVeagh); and Tim Williams (Chapman Tripp).

Read the Terms of Reference for the Technical Reference Group.

Previous Media Statements

Read related media statements by Hon Bill English, Minister of Finance on the Beehive website:

Related Information on the Treasury Website

Related Links

Contact for Enquiries

Email: [email protected]
Last updated: 
Thursday, 9 December 2010