BB3.5 Requirement for capital investment

1. An applicant must be able to make a minimum capital investment (see BB3.5.10) of NZ$100,000 in to their proposed business, unless waived as per BB3.5.1 below.
2. The principal applicant must:
   1. nominate funds and/or assets equivalent in value to the total capital investment identified in the business plan; and
   2. demonstrate ownership of these funds and/or assets (see BB3.5.5); and
   3. demonstrate that the nominated funds and/or assets have been earned or acquired legally (see BB6.1.5).

BB3.5.1 Discretion to waive capital investment requirement

1. Only members of the management team of Business Migration are able to waive the minimum capital investment requirement.
2. The requirement for applicants to demonstrate a minimum capital investment of NZ$100,000 can only be waived for businesses in science, ICT, or other high value export-oriented sector, which demonstrates a high level of innovation or credible short-term high growth prospects.

BB3.5.5 Ownership of nominated funds and/or assets

1. The nominated funds and/or assets may be owned either:
   1. solely by the principal applicant; or
   2. jointly by the principal applicant and partner, provided a business immigration specialist is satisfied that the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable (see R2.1.15 and R2.1.15.1(b) and R2.1.15.5(a)(i)), and that the partner supports the use of these funds for the proposed business. If so, the principal applicant may claim the full value of such jointly owned funds or assets for assessment purposes.
2. If nominated funds and/or assets are held jointly by the principal applicant and a person other than their partner, the principal applicant may only claim the value of that portion of funds and/or assets for which they provide evidence of ownership.
3. The principal applicant may only nominate funds and/or assets that they earned or acquired legally, including funds and/or assets which have been gifted to them unconditionally and in accordance with local law. Where nominated funds and/or assets have been gifted to the principal applicant, a business immigration specialist must be satisfied that the funds and/or assets being gifted:
   1. were earned lawfully by the person/s gifting the funds and/or assets; and
   2. are based outside of New Zealand.
4. The nominated funds and/or assets must be unencumbered (see BB6.1.10).
5. The nominated funds and/or assets must not be borrowed, but may be gifted as per BB3.5.5(c).

BB3.5.10 Recognition of capital investment

Capital investment includes all nominated funds used in the establishment and operation of the approved business, except those used for:

1. passive or speculative investment(s), such as reserve funds or term deposits; or
2. the purchase of items for the personal use of the applicant(s), such as personal residences, cars or boats; or
3. remuneration paid to the applicant(s) or their immediate family; or
4. investment in residential property, except where the development of residential property meets the requirements of BB6.1.50 and formed part of an applicant’s business plan.

BB3.5.15 Funds already held in New Zealand

Funds held in New Zealand must originally have been transferred:

1. to New Zealand through the banking system; and
2. from the country or countries in which they were earned or acquired legally, or have been earned or acquired legally in New Zealand.

Effective 13/05/2019