KĀHŪ PRIVATE / Guidance / Overseas Buyers

Can Foreigners Buy
Property in New Zealand?

The rules changed in March 2026. This guide explains who may buy residential property in New Zealand, under what conditions, and what the process involves. It reflects the legal framework published by Toitū Te Whenua as of 6 March 2026. It is general information only and is not legal advice.

New Zealand landscape, KĀHŪ PRIVATE property advisory
The Legal Framework

A structured framework,
not a blanket restriction

New Zealand's Overseas Investment Act 2005 governs who may acquire residential and other sensitive land in New Zealand. For most overseas nationals, the answer is not a simple yes or no. The Act defines several categories of buyer, each with different entitlements and obligations, and the category that applies to you is determined primarily by your visa status and your length of residence.

The rules described below apply to residential land and lifestyle land, as categorised on the District Valuation Roll. Different rules apply to rural land over five hectares, commercial land, and other sensitive assets. A property's category can be verified on the Quotable Value website or confirmed with the relevant local council.

The framework was most recently updated on 6 March 2026, when new rules came into effect for holders of qualifying investor visas. This guide summarises those rules as they currently stand. Legislation can change, and this page will be updated when it does.

This article is general information only. It is not legal advice. Before making any commitment to purchase property in New Zealand, you should obtain independent advice from a New Zealand property lawyer.
The Four Categories

Which category applies to you?

01

No Consent Required

New Zealand citizens may purchase residential property anywhere in New Zealand without restriction, regardless of where in the world they currently live. New Zealand permanent residents who are ordinarily resident also require no consent. To be ordinarily resident, a person must hold a New Zealand residence class visa, must have lived in New Zealand for the preceding 12 months (counted back from the date of signing the sale and purchase agreement), and must have been personally present in New Zealand for more than 183 days in that same 12-month period.

Australian citizens and Singaporean citizens may also purchase residential or lifestyle land without restriction in most circumstances. Australian permanent residents who are ordinarily resident in New Zealand may also buy residential or lifestyle land without consent. Different rules apply where the land is also sensitive for other reasons, such as coastal proximity or island location.

02

Consent to Buy One Home

Holders of a New Zealand residence class visa who are not yet ordinarily resident may apply to the Overseas Investment Office (OIO) for consent to purchase one residential property to live in. This is sometimes called the "commitment to reside" pathway. If consent is granted, conditions apply: the buyer must move into the property as their main home within three months of settlement, and must be present in New Zealand for more than 183 days in each 12-month period counted from the date consent is granted.

The standard application fee for non-sensitive residential land is NZ$2,040. If the land is also sensitive for other reasons (for example, it is adjacent to a beach, river, or lake, or located on an island, or next to a reserve or conservation area), the fee is NZ$16,900 and processing takes up to 30 working days rather than 10. Pre-approved consent, valid for one year, can be applied for before a specific property has been identified. Toitū Te Whenua recommends this approach as the most flexible option.

Australian and Singaporean permanent residents who are not yet ordinarily resident also fall into this category in most circumstances.

03

The NZ$5 Million Investor Visa Pathway

From 6 March 2026, holders of an Active Investor Plus (AIP) visa, an Investor 1 visa, or an Investor 2 visa may apply for consent to purchase one residential property valued at more than NZ$5 million. Buyers under this pathway are not required to commit to residing in New Zealand as a condition of consent. This distinguishes it from the pathway described in Category 02 above.

The property must be categorised as residential or lifestyle on the District Valuation Roll. Crucially, the land must not be "otherwise sensitive." This means the pathway is not available for property located on an island, or adjacent to a beach, river, lake, reserve, or conservation area. Such properties require consent under a different part of the Act.

Alternatively, a buyer may purchase land worth less than NZ$5 million for the purpose of building a new dwelling on it, provided the combined purchase price of the land and the construction cost of the dwelling exceeds NZ$5 million. Applications under this pathway are assessed against the national interest test, rather than the commitment to reside test. The application fee is NZ$2,040 where the land includes an existing dwelling, or NZ$3,500 in all other cases.

The Active Investor Plus visa itself requires a minimum investment of NZ$5 million under the Growth category (held for 36 months, with a minimum of 21 days in New Zealand) or NZ$10 million under the Balanced category (held for 60 months, with a minimum of 105 days in New Zealand). The visa costs from NZ$27,470 and approval in principle typically takes up to three months. The residential property purchase under the NZ$5 million pathway is separate from, and in addition to, the qualifying investment required to obtain the visa.

04

Not Eligible to Buy

Overseas nationals holding temporary, limited, interim, or transit visas, including student visas, work visas, and visitor visas, cannot purchase residential property in New Zealand. Overseas nationals without any New Zealand visa are also ineligible.

In very limited circumstances, an overseas person may apply to Toitū Te Whenua for a discretionary exemption from the requirement to obtain consent. These exemptions are uncommon and are considered on a case-by-case basis. Legal advice should be obtained before pursuing this route. Penalties for purchasing without the required consent can be significant, including a requirement to sell the property and a fine of up to NZ$300,000 for making a false statement to the Overseas Investment Office.

"New Zealand's property rules distinguish carefully between visa status, residency, and investment level. The category you fall into determines the process, not the outcome."

KĀHŪ PRIVATE

Before You Proceed

What every overseas buyer
needs to understand

Your agreement must include a consent condition

Any sale and purchase agreement signed by an overseas person who requires consent must include a condition making the purchase conditional on obtaining overseas investment consent. This is a legal requirement. If you intend to bid at auction, you must have pre-approved consent in place before bidding. Purchasing without consent, or bidding at auction without pre-approval, can result in significant penalties and an obligation to resell the property.

Pre-approval is available before you identify a property

Under the "one home to live in" pathway, you may apply for pre-approved consent before identifying a specific property. Pre-approval is valid for one year from the date it is granted. This is the most flexible approach and is recommended by Toitū Te Whenua for buyers who have not yet selected a property. Note that conditions, including the 183-day presence requirement, begin from the date consent is granted, not from settlement.

Sensitive land carries additional requirements

Residential land that is also sensitive for other reasons requires additional consent and is subject to different rules. Land on an island, adjacent to a beach, river, or lake, or next to a reserve or conservation area falls into this category. The NZ$5 million investor visa pathway is not available for otherwise sensitive land. Early assessment of any property under consideration is important. A property's sensitivity status is not always immediately apparent from its address or listing description.

Buying through a trust or company is possible

Consent may be applied for through a New Zealand trust or company rather than in a personal name. In both cases, all persons who own or control the trust or company must be qualifying individuals under the Act. The law governing overseas investment through trusts and companies is complex. New Zealand lawyers with specific experience in OIA applications should be engaged before any structure is established.

The Active Investor Plus visa and the NZ$5M property are separate processes

Obtaining an Active Investor Plus visa and purchasing a residential property under the NZ$5 million pathway are two distinct processes, each with their own application, timeline, and fee. The visa application is made to Immigration New Zealand. The property consent application is made separately to the Overseas Investment Office. Both processes can run concurrently, and it is important that the sale and purchase agreement is structured to allow for both timelines.

This guide reflects rules current as of 6 March 2026

The Overseas Investment Act and its associated regulations are updated periodically by the New Zealand Government. The information in this guide reflects the framework as published by Toitū Te Whenua (Land Information New Zealand) and Immigration New Zealand as of 6 March 2026. Readers should verify current rules with Toitū Te Whenua directly or through New Zealand legal counsel before making any decisions. Links to the primary sources used in this guide are provided below.

Primary Sources

Information in this guide is drawn
from government sources

Toitū Te Whenua, Land Information New Zealand Buying residential property to live in (updated 6 March 2026) Toitū Te Whenua, Land Information New Zealand Investing in residential land over $5 million (updated 27 March 2026) Immigration New Zealand Active Investor Plus Visa Toitū Te Whenua, Land Information New Zealand Who needs consent to invest
Next Steps

Speak with us before
you make any commitment

KĀHŪ PRIVATE advises international buyers on the OIA framework as part of the broader property search and acquisition process. Every enquiry is handled personally and in confidence.

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