Buying a Home in New Zealand – What Overseas People Need to Know
General guidance only — please seek your own legal advice for your situation.
At our agency, we work with many buyers and sellers who have questions about the Overseas Investment Act (OIA) and whether overseas people can purchase residential property in New Zealand. The rules are detailed, and it’s important to understand your position before signing anything. Below is a clear outline of the current requirements.
Who Does Not Need Toitu Te Whenua LINZ (formerly Overseas Investment Office) Consent?
You can usually buy residential or lifestyle property in New Zealand without consent from the Toitu Te Whenua LINZ if you are:
- A New Zealand citizen
- An Australian citizen
- A Singaporean citizen
- A New Zealand resident visa holder, or an Australian or Singaporean permanent resident, who is ordinarily resident in New Zealand
To be considered ordinarily resident in New Zealand, you must:
- Hold a residence-class visa (or AU/SG permanent residency), and
- Have been physically present in New Zealand for at least 183 days in the past 12 months, and
- Be a New Zealand tax resident
If you meet all of these criteria, you generally do not require LINZ consent to buy a home.
When You Must Apply for Consent
You will need to apply for Toitu Te Whenua LINZ consent to buy one home to live in if you:
- Hold a New Zealand resident or permanent resident visa, but have not lived in New Zealand for 183+ days in the past 12 months
- Hold an Australian or Singaporean permanent resident visa, but have not lived in New Zealand for 183+ days in the past 12 months
- (Australian or Singaporean citizens may also need consent in limited cases, e.g., if the land is 'residential and otherwise sensitive' such as on an island or adjacent to conservation land.)
Consent in these situations is assessed under the “Commitment to Reside” test, which requires you to: - Intend to live in the home yourself
- Commit to spending at least 183 days in New Zealand in every 12-,month period
- Become a New Zealand tax resident
If these conditions later stop being met, you may be required to sell the property.
When You Cannot Buy a Home to Live In
You are not eligible to buy a home to live in if you hold a temporary visa, including:
- Visitor visa
- Student visa
- Work visa
- Working holiday visa
- Any other non-residence visa
While you cannot buy a home to live in on a temporary visa, there may be separate pathways for certain types of investment. Your lawyer can guide you on what may apply to you. (Discretionary exemptions are very limited and rare.)
What Types of Properties These Rules Apply To
These rules apply to homes categorised as residential or lifestyle on the District Valuation Roll.
You can confirm a property’s classification via:
- www.qv.co.nz or the local council
A Residential Land Statement Is Required for Every Purchaser
All buyers of residential or lifestyle land must complete a Residential Land Statement (RLS).
This is a legal requirement and confirms whether you need LINZ consent. Your lawyer or conveyancer will assist you with this form.
Before You Sign a Sale and Purchase Agreement
If there is any possibility that you may need LINZconsent — or that you may not be eligible to buy — it’s essential to speak with your lawyer before signing anything.
If you need to sign quickly, the agreement can be made conditional on obtaining LINZ consent.
Entering an unconditional agreement without required consent can result in:
- Being unable to complete settlement
- Losing your deposit
- Financial penalties
- Providing incorrect information can lead to fines of up to $300,000
How to Apply for Consent
You can apply directly through:
🔗 www.linz.govt.nz/oio/live
Further Information
These guidelines relate specifically to overseas people wishing to buy a home to live in.
- Invest in rental property
- Purchase rural land
- Buy “sensitive land” (e.g., near rivers, lakes, reserves, or the coastline)
- Develop land or build multiple dwellings
These situations involve additional criteria and can be more complex. We strongly recommend seeking advice from a New Zealand property lawyer.
More information is available at:
🔗 www.linz.govt.nz/oio
New Pathway (effective 6th March 2026)
Holders of an Active Investor Plus, Investor 1, or Investor 2 residency visa can now apply for consent to buy or build a home valued at $5 million or more (fast-tracked, target 5 working days). This is separate from the standard “one home to live in” rules.
Please note – The information contained on this page is provided solely as a guide only. This should in no way be relied upon solely. We strongly recommend you do your own research and seek professional advice.