In this episode of Trusted Insights, Partner Aimee Mitchell is joined by Real Estate Partner Holly Hill, to explore the legal pathways available to Investor Plus Visa holders seeking to acquire residential property in New Zealand. With the landscape evolving and new exemptions on the horizon, Holly provides clarity on the statutory requirements, consent processes, and strategic considerations for migrants navigating the Overseas Investment Act.
[00:05] Holly outlines three key pathways: becoming ordinarily resident, applying for consent under the One Home to Live In test, and a forthcoming targeted exemption for high-value homes.
[00:35] Holly explains that AIP visa holders can purchase residential property through three distinct pathways. The first involves becoming ordinarily resident—a status that removes the need for consent. The second is the One Home to Live In pathway, which offers a relatively quick and cost-effective route to consent. The third, still pending implementation, is a targeted exemption allowing the purchase of homes valued over NZD $5 million without consent. The anticipated exemption is expected to streamline the process for acquiring high-value homes, removing the need for physical presence beyond existing visa requirements.
[02:26] Holly details the statutory test for becoming ordinarily resident, which includes holding a residence class visa, living in New Zealand for 12 months, being physically present for at least 183 days, and qualifying as a New Zealand tax resident. Meeting these criteria enables visa holders to purchase property without consent under the Overseas Investment Act.
[03:14] Holly elaborates on the One Home to Live In pathway. Applicants must intend to live in the property as their main home, move in within three months of purchase, and maintain physical presence and visa status. Pre-approval is available for up to a year, making this pathway particularly useful for auction purchases.
[04:57] This pathway is accessible and efficient, with application fees ranging from NZD $2,000 to $6,000 and a statutory processing time of 10 working days. Unlike the third pathway, it does not impose a monetary threshold, allowing for a broader range of property options.
[05:23] Holly cautions that the discussed pathways apply only to residential land. Properties classified as sensitive—such as farmland, non-urban blocks over five hectares, or those with historical designations—require more robust consent processes. She advises seeking legal guidance to ensure compliance.
[07:00] Aimee and Holly discuss how AIP migrants may acquire property through trusts or companies, but this introduces complexity. Consent applications must identify all individuals with control or beneficial interest, who must also meet qualifying criteria and reside in the home. Holly underscores the importance of legal advice in these scenarios.
[08:26] Holly explains how non-compliance with consent requirements carries serious consequences, including forced sale and financial penalties up to NZD $300,000. While retrospective consent may be possible, it is not guaranteed and still involves risk. Holly urges listeners to seek legal advice before proceeding with any property acquisition.
[09:16] Holly emphasises the importance of early planning, legal consultation, and understanding the nuances of land classification and tax residency. With structured rules and evolving opportunities, AIP migrants can confidently navigate property acquisition in New Zealand with the right support.
Information in this episode is accurate as at the date of recording, 11 September 2025.
For legal advice and guidance on any of the topics discussed, please contact Aimee Mitchell or our Private Wealth team or Holly Hill or our Real Estate team.
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