Application for Consent: Required Information Checklist This

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Application for Consent: Required Information Checklist
This checklist is intended to assist applicants in identifying and providing information
required by the OIO to assess applications for consent under the Overseas Investment
Act 2005. All applicants should complete and attach this checklist to their application.
Failure to provide required information may result in your application not being accepted
or unnecessarily delay its assessment.
General information
Yes
1. Application signed by each applicant? (refer section 23(1)(b))
2. New Zealand address for service provided for consent-holder (refer section
54)?
3. Correct fee (refer section 23(1)(f) and regulation 30)?
4. Electronic copy of signed application letter?
5. Electronic copy of each appendix to the application letter (must have an
appropriate filename, e.g. ‘Appendix 1 – Passports’)?
Relevant overseas person (ROP)
Yes
NA
Yes
NA
Yes
NA
6. Ownership structure diagram showing relevant entities, ultimate
beneficial owners and their nationality?
7. ROP identified and rationale for selection (i.e. extent to which they will
own/control the investment) provided?
8. Information on ROP entities (if not a company, then provide equivalent
info):
(a) Certificate(s) of incorporation?
(b) Director and shareholder information?
(c) Description of business activities?
(d) Financial reports (if relevant)?
9. Details of previous applications including OIO case numbers?
10. Details of any existing interests the ROP or their associates have in the
sensitive assets that are the subject of the application?
Individuals with control of the relevant overseas person (IWC)
11. IWC identified and rationale for selection provided?
12. Curriculum vitae provided for each IWC?
13. Relevant pages from passport provided for each IWC?
Vendor information
14. Vendor letter addressed to OIO containing the following information:
(a) Reason for sale and overseas person status?
(b) Ownership structure diagram showing relevant entities, ultimate
beneficial owners and their nationality?
(c) Confirmation vendor did not require consent to acquire relevant
assets or evidence of consent (e.g. case number)?
(d) Information relevant to counterfactual:
(i) Vendor’s intentions should proposed investment not proceed?
(ii) Details of any advertising of the relevant land (e.g. length, form
and target market)?
(iii) Details of any NZ under bidder or interest from NZ purchasers?
Overseas investment transaction (Investment)
Yes
NA
Yes
NA
Yes
NA
15. Description and rationale for Investment?
16. Business plan for Investment?
17. Number of overseas investment transactions identified?
18. Relevant agreements provided (executed copies without redactions)?
19. Consideration identified?
20. Confirmation of how Investment will be funded?
Investor test
21. All matters potentially relevant to the good character of the IWC
disclosed (the OIO determines what is actually relevant) (refer section
19)?
Sensitive land
22. Maps:
(a) Map of the locale and approximate position of the relevant land?
(b) Cadastral map and aerial photo identifying relevant land?
(c) Planning map from relevant territorial authority?
(d) Spatial map showing ownership of every adjoining property?
23. Certificate of title(s)/computer register(s) (search copy and historical
copy for each title)?
24. Sensitive land certificate?
25. Relevant land includes special land?
(a) Notice of intention to offer special land to Crown signed by vendor?
(refer regulation 13 and 14)?
26. Relevant land includes farm land?
(a) Reason for relevant land being farmland?
(b) Farm land advertised in accordance with Overseas Investment
Regulations 2005?
(c) Copy of relevant advertisements provided (must show listing date)?
(d) Amount and type of farm land already owned by ROP?
27. Description and breakdown of the current and proposed land use, for
each region and for freehold and leasehold land
Benefit claims
Yes
NA
Yes
NA
28. Counterfactual situation identified (likely state of affairs absent the
investment)?
29. Counterfactual analysis applied to benefit claims (where appropriate)?
30. Each claimed benefit substantiated with supporting information/evidence?
31. If relevant, Department of Conservation/Walking Access Commission/QE
II National Trust contacted regarding options for/relevance of walking
access and other environmental factors?
Permanent residency
32. Applied to Immigration New Zealand (INZ) for, or have been granted, a
visa under any of INZ’s residence policies (e.g. a residence visa or long
term business visa)?
33. If a relevant visa has been applied for but not granted, evidence that the
application is likely to be successful:
(a) Approved in principle letter from INZ; or
(b) Submissions on why and when the application is likely to be granted
(i.e. identify visa type and address how the ROP meets the relevant
INZ criteria)?
34. Actions consistent with intent to reside in NZ in the near future (e.g.
actions in NZ and actions in home country)?
35. Date by which the ROP intends to be ordinarily resident in NZ?
5 February 2014
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