Overseas Investment Regulations 2005

31 Factors for considering whether person remains committed to residing in New Zealand

(1)

This regulation applies for the purposes of clause 8 of Schedule 2 of the Act.

(2)

The factors for considering whether a person (OP) remains committed to residing in New Zealand are the following:

(a)

the reason for OP’s absence from New Zealand on application days, including whether the reason is—

(i)

a qualifying reason; or

(ii)

any other reason that the relevant Ministers consider is consistent with OP remaining committed to residing in New Zealand; and

(b)

whether the amount of time that OP was or will be absent from New Zealand on application days is reasonable given the reasons for OP being absent from New Zealand on those days; and

(c)

OP’s ongoing connection to New Zealand; and

(d)

the nature of OP’s connection to the other country or countries where OP was or will be on application days.

(3)

In this regulation,—

application days means any days in respect of which OP has applied for a waiver under clause 8 of Schedule 2 of the Act

qualifying reason means any of the following:

Employment reasons

(a)

Crown service under the New Zealand Government:

(b)

service under an international organisation of which the New Zealand Government is a member:

(c)

service in the employment of a person, company, society, or other body of persons resident or established in New Zealand:

(d)

self-employment in a business that is ordinarily carried on in New Zealand:

Compassionate reasons

(e)

attendance at a significant event relating to a family member that a person with OP’s relationship to the family member would reasonably be expected to attend (see subclause (4)):

(f)

absence because OP or his or her spouse or partner, dependent child, or sibling is receiving medical treatment overseas:

(g)

other absence for the purpose of obtaining any special medical or surgical treatment if the relevant Ministers are satisfied that there are good and sufficient reasons for the person leaving New Zealand to obtain that special treatment:

Other reasons

(h)

accompanying a spouse or partner who is overseas for one of the reasons in paragraphs (a) to (g)

spouse or partner means spouse, civil union partner, or de facto partner.

(4)

In subclause (3), definition of qualifying reasons, paragraph (e),—

family member, in relation to OP, includes a person who is treated by OP as, and acknowledged by OP to be, a member of OP’s family

significant event, in relation to OP’s family member, includes the following events:

(a)

serious illness or serious injury or imminent death:

(b)

any of the following connected to the family member’s death:

(i)

a funeral (however called) or unveiling:

(ii)

if OP has missed the family member’s funeral, a visit to pay respects to a family member of the deceased:

(iii)

attending to legal matters in relation to the deceased’s affairs:

(c)

a wedding or civil union:

(d)

a birth of a child.

Regulation 31: inserted, on 22 October 2018, by regulation 6 of the Overseas Investment Amendment Regulations 2018 (LI 2018/154).