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Buying property in New Zealand

Specialists in New Zealand property.

At NZ Legal, we’re specialists in helping overseas based investors buy New Zealand property. The legal process for foreign investment can be complex, depending on your specific circumstances. 

As experts in navigating property purchases by overseas individuals or entities, we are your advocate at every stage. We can liaise with all relevant authorities on your behalf, including the Overseas Investment Office (OIO).

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Who can purchase property in New Zealand?

If you’re based overseas, the first step in purchasing New Zealand property is to ensure you are legally entitled to do so. Depending on your circumstances, you may need to apply to the OIO for consent.

You can purchase property in New Zealand without applying to the OIO if you:

are a New Zealand citizen

have a New Zealand residence visa and live in New Zealand

are an Australian or Singaporean citizen buying certain types of property

are the partner or spouse of any of the above

Australian or Singaporean citizens and permanent residents have different rights to purchase property, and it also depends on the nature of the property you want to buy.

For more information, check out our guide: 'The overseas investor’s guide to buying a house in New Zealand'

Applying to buy New Zealand property

If you aren’t automatically entitled to purchase property in New Zealand, you can apply to the OIO for consent. 

There are two key terms that your application will be assessed on: if you’re classified as an overseas person and if you’re ordinarily resident in New Zealand.

An overseas person includes:

a company incorporated outside of New Zealand

a company or entity that is at least 25% owned by an overseas person

a person who is not a New Zealand citizen and is not ordinarily resident in New Zealand

You are ordinarily resident in New Zealand if you:

hold a residency visa, and

have been residing in New Zealand for at least a year, and

are a tax resident in New Zealand and

have been present in New Zealand for at least 183 days in the past year

To be considered ordinarily resident, you need to satisfy all four of these points.

When is consent required?

If you’re classified as an overseas person, you’ll need consent from the OIO to buy a home that’s on residential or lifestyle zoned land. This is most properties in New Zealand.

You’ll also need consent if you’re looking to buy Otherwise Sensitive Land, which includes lifestyle blocks larger than 5 hectares and coastal land. 

At NZ Legal, we can assess if you will require OIO consent, manage any required consent applications on your behalf, and complete all legal requirements of your property purchase.

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