NZ for Sale: What the Overseas Investment Act Changes Really Mean

Mike Smith exposes how the Government’s quiet rewrite of the rules puts Māori land, te taiao, and sovereignty at risk — and why we need to act by 23 July.

The Overseas Investment Act is being amended via the Overseas Investment (National Interest Test and Other Matters) Amendment Bill. The closing date for submissions is 11.59pm on Wednesday, 23 July 2025 at this link. Links to the Bill, several relevant documents and a submission template at the bottom of this post.

A guest post, republished from Mike Smith’s Facebook page with permission, follows outlining some of the concerns about the Government’s proposed changes to the Overseas Investment Act. These amendments, now before the Finance and Expenditure Committee, would strip away longstanding protections for Māori land, conservation areas, and freshwater.

This is the latest in David Seymours War on Maori - War on Te Taiao.

He wants to flood Aotearoa with more foreign companies to extract of our Taonga for their personal profit..

Submissions are open for the next 5 days .....

Are you sick of writing submissions yet?

CHANGES TO THE OVERSEAS INVESTMENT ACT (2024/2025)

Overview:

The Government is proposing substantial amendments to the Overseas Investment Act 2005, promoted as streamlining and simplifying approvals.

The amendments are before Parliament’s Finance and Expenditure Committee. Submissions close 23 July 2025.

Major Concerns:

Environmental, Conservation, Heritage, and Māori Land Protections Reduced:

“Sensitive land” such as conservation areas, heritage sites, Māori reservations, lake beds, marine/coastal areas, and offshore islands will lose existing protections.

These lands will no longer be subject to the Benefit to New Zealand Test or the Investor Test.

Forestry Land and Water Extraction:

Forestry land, already the largest category for overseas purchases, will now be subject only to a weakened “national interest test,” not the Benefit to New Zealand Test.

Water extraction (including bottling) is treated as a standard commercial activity, removing extra scrutiny.

Benefit to New Zealand Test Removal:

Previously required overseas investment to demonstrate clear benefits to New Zealand, including environmental protection, public access, heritage protection, and job creation.

Will no longer apply to non-residential, non-farm sensitive land or forestry land.

Investor Test Removal:

Previously assessed investor character, criminal history, corporate fines, tax compliance, and eligibility to hold directorships or visas.

Now discretionary: up to the Overseas Investment Office and the Minister to decide if it applies.

Ministerial Discretion:

Final decisions rest solely with the Minister, with more subjective and politically flexible criteria.

Māori Impact:

No recognition of Te Tiriti or mana whenua in the proposed changes.

Land categories significant to Māori, including wahi tapu and reservations, are affected by reduced protections.

Examples:

Mining or forestry companies may more easily purchase or lease native forest land, islands, and coastal areas without full scrutiny.

Wealthy individuals could purchase untouched islands with less regulatory oversight.

Unpublicised Aspects:

The most substantial changes, especially regarding sensitive land and Māori whenua, have not been highlighted in government messaging.

Overall Assessment:

The proposed amendments represent a major weakening of environmental, conservation, heritage, and Māori land protections under the Overseas Investment Act.

While claiming efficiency, they prioritise commercial investment over public, environmental, and indigenous interests.

ENDS

Further information

Submission template by Mana Taiao is here. Thanks to Manu Caddie on Substack for this - follow him for more thoughtful writing while you’re at it!

Article in The Conversation/RNZ by Jane Kelsey is here.

The Overseas Investment Act 2005 is here.

The Overseas Investment (National Interest Test and Other Matters) Amendment Bill is here.

Hansard recorded the debate at first reading in Parliament is here - particularly of note are descriptions of the issues from the perspective of opposition parties and the carve-outs achieved by NZ First.

The Regulatory Impact Statement on International Investment Screening is here.

Cabinet policy decisions are here.

Legislation disclosures are here.

Government press-release and overview is to be found here and here.

Mountain Tūī in The Standard here.