Immigration & Business

Wynn Williams & Co is one of New Zealand's leading and most respected law firms. Since 1858, our business has developed and grown, providing quality service to our clients and helping them face the complexities of life. During this time, Wynn Williams & Co has built a solid reputation, creating a spirit of understanding and goodwill that survives to this day.

Wynn Williams & Co has a long standing association with the land and the rural community. Farming remains a substantial part of our business, and we are the South Island’s most prominent firm in this area. Our enduring interest in the primary sector and the ever-changing legislative environment complements our extensive knowledge and judgment in farm transactions, trusts, asset and estate planning.

To take full advantage of New Zealand’s many business and property investment opportunities, Wynn Williams & Co provides first-rate, legal and practical advice about Overseas Investment Office approval, transfer of assets and assistance with New Zealand’s immigration policies.

Wynn Williams & Co is also:

• a member of the State Capital Group, an international network of more than 150 independent law firms which enables us to provide a comprehensive service to our international clients
  
  
• a founding member of the Lawlink Group, a national network of 18 independent law firms that gives us access to an incredible depth of resources
  

Migrating to New Zealand

Individuals (other than Australian citizens) wishing to migrate to New Zealand must obtain permanent residency. A significant number of applicants obtain residency under the Immigration New Zealand (“INZ”) business policy categories. Wynn Williams & Co assist applicants under the Business Migrant Scheme which provides for:

• Applications for residence under the Migrant Investment Policy. From November 2009 it will also be possible for applications for residency to be made under the new Entrepreneur Plus Policy.
  
  
• Work Permits under the Long Term Business Visa Category.
  
  
• Applications for residency under the Entrepreneur Category
  

MIGRANT INVESTMENT POLICY

A new Migrant Investment Policy came into force in New Zealand on 28 July 2009.

This Policy is an initiative by the New Zealand Government to attract investor migrants with business experience, international connections and financial capital to New Zealand.

The Policy is divided into two categories:

• Investor Plus (Investor 1 Category)
  
  
• Investor (Investor 2 Category

There is no limit on the number of applications that can be considered and approved under the Investor Plus (Investor 1) Category. Annually, up to 300 applications (approximately 1000 places) can be approved under the Investor 2 Category. Investor 2 Category applicants must lodge an “expression of interest” and may then be selected to make a full application. The INZ assess the expressions of interest under the Investor 2 Category on a points system (based on age, business experience and investment funds) and decide whether to invite the applicant to make a full application. An INZ invitation to apply does not guarantee that an application for residence will be approved.

A successful applicant for residency under either the Investor 1 Category or the Investor 2 Category receives a conditional residence permit. If the conditions are met it is later automatically converted to a permanent residence permit.

Outlined below is a summary of the key requirements for each Category of the Migrant Investment Policy.

LONG TERM BUSINESS VISA CATEGORY

Click here to download more information

Under this category the applicant receives a form of work permit that may be later converted to a permanent residence permit. Applicants must submit a business plan describing a business they will undertake in New Zealand. If the business plan is approved by INZ the applicant (and family) may then move to New Zealand and establish that business. If after 2 years the business has been successfully established the applicant may apply to INZ to convert their work permit into a permanent residence permit.

Applicants under this category are required to obtain Overseas Investment Office consent if they wish to acquire sensitive land or invest more than NZ$100 million before they are granted permanent residency

ENTREPRENEUR PLUS POLICY

From November 2009 the Entrepreneur Plus Policy will offer a faster path to residence for applicants who create at least three fulltime jobs and invest $500,000.00 in their business.  A table setting out the requirements for the current (and continuing) Entrepreneur Category and the new Entrepreneur Plus Category is set out below:

The new Entrepreneur policy will define "creating employment" so as to ensure that it does not just create jobs for family members of migrants.  The Entrepreneur Plus Category provides a faster path to residence for higher value entrepreneurs who can create jobs for New Zealanders.

Investing in New Zealand.

An Overseas Person who wishes to acquire land or invest in New Zealand must obtain the consent of the Overseas Investment Office (“OIO”) in certain cases.
Consent is required if:
- An Overseas Person wishes to invest more that NZ$100m in an asset; or
- An Overseas person wishes to acquire sensitive land.
OVERSEAS PERSONS
An Overseas Person is a person who is not:
- A New Zealand citizen; or
- A person who is ordinarily resident in New Zealand.

An Overseas Person may be an individual or other entity such as a company.

A person is treated as being ordinarily resident in New Zealand if:

• They have a permanent residence permit from the INZ or are an Australian citizen; and
• They are domiciled in New Zealand; or
• They are residing in New Zealand with the intention of remaining permanently and have done so for the last 12 months.
• A New Zealand company is treated as an Overseas Person if it is 25% or more owned or controlled by another Overseas Person.

APPLICATIONS

An Overseas Person investing in sensitive land must meet all of the following criteria:

• The person must have business experience and acumen relevant to the investment.
• The person must demonstrate financial commitment to the investment.
• The person must be of good character.
• If an Overseas Person does not intend to permanently reside in New Zealand they must also show that the investment is likely to benefit New Zealand.

The factors the OIO consider in assessing the benefit of an investment to New Zealand include:

• Creation or retention of jobs.
• Introduction of new technology or business skills.
• Introduction of additional investment for development purposes.
• Protection of the environment.

If the investment is in sensitive land over 5 hectares the Overseas Person must also show that the benefit to New Zealand is likely to be substantial and identifiable.
SENSITIVE LAND
The acquisition by Overseas Persons of certain types of land in New Zealand is controlled under the Overseas Investment Act. In broad terms sensitive land is:

• Non-urban land exceeding 5 hectares.
• Land exceeding 0.4 hectares on certain specified islands.
• Land comprising foreshore or seabed.
• Land exceeding 0.2 hectares adjoining a foreshore.
• Land exceeding 0.4 hectares comprising a bed of a lake.
• Land exceeding 0.4 hectares adjoining a bed of a lake.
• Certain conservation, recreation, or historic land exceeding 0.4 hectares.
• Land exceeding 0.4 hectares adjoining certain conservation, recreation, or historic land.

An Overseas Person wishing to acquire sensitive land must obtain OIO consent. For certain types of sensitive land there are further requirements before OIO consent can be obtained. These are:

• If an Overseas Person wishes to acquire farm land which includes sensitive land the farm land must be offered for sale to New Zealanders on the open market before it may be sold to an Overseas Person
• If the sensitive land includes any foreshore, seabed, riverbed or a bed of a lake it must be offered for sale to the Crown.

Find out if you’re likely to qualify to migrate to New Zealand

We’ve developed a questionnaire that you can take online that will give you a pretty good idea of whether you’ll meet the requirements that the New Zealand government set for immigration under the business categories.
Click here to find out more and take the test!

Contact information

Wynn Williams & Co.
Profile: Jonathan Gillard Email: jonathan.gillard@wynnwilliams.co.nz
Profile: Olly Matson Email: olly.matson@wynnwilliams.co.nz
Profile: Catherine Muir Email: catherine.muir@wynnwilliams.co.nz

Tel: 64 3 379 7622
Fax: 64 3 379 2467