The power to grant Discretionary Exemptions is limited and in many cases a consent application will be more appropriate. We strongly recommend that you approach us prior to applying for a Discretionary Exemption under section 61D of the Act.
When to complete this form
Click here for information about discretionary exemptions.
We recommend that you approach us prior to applying for an exemption under section 61D of the Act.
Use this form if you are seeking an exemption from:
Information about this application
The information in this application will be relied upon by the decision-maker. It is important that you provide us with accurate and complete information. It is an offence to make a false or misleading statement or material omission in any information or document provided to the Overseas Investment Office under Section 46.
The OIO may use relevant legislation to share details of this application with other agencies to the extent permitted by law and as required to complete the application process.
Please be concise and use plain English when completing the application.
Tables, diagrams, maps, schedules etc should be uploaded as appendices to your application.
You will need the following to complete the application
- Information about the exemption you seek, including the reason for requesting the exemption and details of any transaction, investor, interests, rights or assets the exemption would apply to
- Understanding of the criteria for a discretionary exemption under section 61E and the purpose of an exemption under section 61B of the Act
- Evidence and documents such as:
- A diagram to explain the transaction
- Passports of all key individual(s) in colour
- Transaction agreements without redaction (e.g. Agreement for Sale and Purchase)
- Record of Title of land involved
- Structure diagram of the entity (pre & post transaction)
- Certificate(s) of incorporation
- Formation documents (e.g. trust deeds, constitutions)
- If unavailable online, latest financial accounts (audited where applicable) and annual reports
- Any other relevant documentation in support of your application
Download this document for a full list of questions and documents you need for this application.
Fees and payment
The fee for this application is NZD $25,500.00 including GST.
You will receive an invoice from the office following your application.
The OIO does not have the power to exempt, waive, discount or refund fees.
The OIO will not refund fees if an application is withdrawn, declined or the OIO finds that no application was required.
We will start to process your application when we receive all the information we need, and the full and correct application fee.
Our standard processing timeframe for an exemption application is up to 50 working days.