BN9.1 Resident visas subject to conditions under section 49(1) of the Immigration Act

See also Immigration Act 2009 s 49

All resident visas granted under the Active Investor Plus visa category are subject to conditions under section 49(1) of the Immigration Act 2009 as outlined in:

1. BN9.1.5 for investors under the Growth Category; or
2. BN9.1.10 for investors under the Balanced Category.

BN9.1.5 Section 49(1) conditions for Growth Category investors

Investors who are granted resident visas on the basis of investing under the Growth Category will be subject to the following conditions under section 49(1) of the Immigration Act 2009:

1. the principal applicant retains their investments in acceptable Growth Category investments in New Zealand (or, where applicable, acceptable on-call investments), until the expiry of the 36-month investment period; and

   Note: Investment transfers that meet the requirements in BN9.5 meet the requirement of (a) above.

2. the principal applicant spends a minimum period of time in New Zealand of 21 days as the holder of a resident visa during the 36-month investment period; and
3. the principal applicant informs INZ of any changes to their contact details (including, if applicable, their New Zealand address) during the 36-month investment period; and
4. within three months after the first 24 months of the 36-month investment period, the principal applicant submits to Immigration New Zealand (INZ):
   1. evidence that they have retained their acceptable investments in New Zealand; and
   2. a completed 24-month investment questionnaire form (see BN10.17); and
5. within three months after the expiry date of the 36-month investment period, the principal applicant submits to INZ:
   1. evidence that they have retained the acceptable investments throughout the final 12 months of the 36-month investment period; and
   2. a completed 36-month investment questionnaire form (see BN10.17).

BN9.1.10 Section 49(1) conditions for Balanced Category investors

Investors who are granted resident visas on the basis of making an investment under the Balanced Category will be subject to the following conditions under section 49(1) of the Immigration Act 2009:

1. the principal applicant retains their investments in acceptable Balanced Category investments in New Zealand (or, where applicable, acceptable on-call investments), until the expiry of the 60-month investment period; and

   Note: Investment transfers that meet the requirements in BN9.5 meet the requirement of (a) above.

2. the principal applicant spends a minimum period of time in New Zealand as the holder of a resident visa during the 60-month investment period, being:
   1. 105 days; or
   2. 105 days, less 14 days for each NZD $1,000,000 over and above the initial NZD $10 million threshold that is invested in direct investments or managed funds, to a maximum reduction of 42 days; and
3. the principal applicant informs INZ of any changes to their contact details (including, if applicable, their New Zealand address) during the 60-month investment period; and
4. within three months after the first 24 months of the 60-month investment period, the principal applicant submits to INZ:
   1. evidence that they have retained their acceptable investments in New Zealand; and
   2. a completed 24-month investment questionnaire form (see BN10.17); and
5. within three months after the expiry date of the 60-month investment period, the principal applicant submits to INZ:
   1. evidence that they have retained their acceptable investments throughout the final 36 months of the 60-month investment period; and
   2. a completed 60-month investment questionnaire form (see BN10.17).

Effective 01/04/2025