Service
Startups
Your gateway to New Zealand. Investment, residence and the life that follows.
At the heart of every successful startup is a vision to innovate, disrupt, and carve out a new space in the market. We understand that turning this vision into reality requires more than just a great idea; it requires a solid legal foundation from the start and quick, on the ball solutions to legal issues as they arise. That's why we've built a full-service legal offering for startups – a collection of experienced lawyers, each with their own specialist legal expertise and together covering all of the key legal areas that impact startups. It's a recipe for getting the right advice, the first time and on time. We're committed to supporting our startup clients every step of the way, from initial launch to final exit, and everything in between.
Startups, especially in the fast-paced tech sector, need agile and dynamic legal support that's available when and how they need it. Whether you're scaling for growth, preparing for sale, or pursuing another path, having the right lawyer on your team is crucial. Our startup team is your trusted advisor, helping you navigate the complexities of the commercial world, avoid potential complications, and set up your venture for long-term success and growth.
Startup structuring and governance
Contracts and commercialisation
Capital raising
Intellectual property and brand protection
Privacy, data protection and security
Employment
Property and real estate
Exits
There are three routes to residential property ownership in New Zealand for overseas persons, each of which requires you to apply for and obtain consent under the OIA before purchasing the property:s and progress in our sustainability journey so far.
"One home to live in" pathway
The "one home to live in" pathway under the OIA is suitable for you if you hold a residence-class visa or are an Australian or Singaporean citizen or permanent resident and you intend to permanently live in New Zealand and become a New Zealand tax resident. This pathway allows you to purchase any property in New Zealand as long as it will be your primary residence.
AIP visa pathway
If you hold or plan to obtain an AIP visa, the AIP visa pathway under the OIA will allow you to purchase or build a residential property in New Zealand for NZ$5 million or more, without requiring you to permanently migrate or transfer your tax domicile to New Zealand. This pathway comes with restrictions on the type of property you can buy; for example you won't be able to acquire a pure waterfront property with land area of more than 0.2 hectares, a property on an island with land area greater than 0.2 hectares or a rural lifestyle block with land area of more than 5 hectares.
Benefit to New Zealand pathway
This pathway under the OIA does not require the applicant to hold a residence visa or AIP investor visa or have any intent to migrate to or spend time in New Zealand. And there are no restrictions on the type of property you can acquire. But to obtain consent under this pathway you will need to establish that your investment in the property will deliver certain benefits to New Zealand, such as new employment, productive capital investment, increased exports of goods or services, and new or continued public access and/or environmental protection measures. Expert advice is required if you want to proceed down this route.
In particular our experienced experts will:
- Advise you on how the OIA regime applies to your proposed purchase of residential property in New Zealand, including which consent pathway applies to you, what you need to do to meet the requirements of that pathway and the relevant costs and timeframes to obtain consent.
- If you hold a residence-class visa or are an Australian or Singaporean citizen or permanent resident and you intend to permanently live in New Zealand and become a New Zealand tax resident, prepare and submit on your behalf a "One Home to Live In" OIA consent application.
- If you are an AIP investor visa / 'golden visa' holder and wish to acquire a property under the >$5 million property purchase exemption, prepare and submit on your behalf an OIA consent application under that pathway.
Advise you on any consent conditions and ongoing reporting requirements.
As a one-stop shop for those interested in AIP investor visas ('golden visas'), we will connect you with our trusted network of specialist and expert immigration and tax advisers who can assist with obtaining your AIP visa and provide you with any New Zealand tax advice you may require. We will remain available to you, and to those advisors, to ensure seamless delivery of the advice you need.
Work Highlights
- Insurtech company JAVLN on various SaaS arrangements with enterprise customers, an AUD6.7m capital raise and 'flip' to an Australian holding company, and its acquisition of JRNY’s AI-driven customer experience software.
- Energy Solution Providers t/a BraveGen on its acquisition of the BraveGen carbon accounting SaaS business, multiple funding rounds and enterprise customer agreements.
- Moxion on its sale to Autodesk, Inc. (NASDAQ: ADSK). Moxion is the developer of a cloud-based platform for digital dailies used by leading filmmakers on some of the world’s most complex and challenging productions.
- NovoLabs on its seed and VC funding rounds and arrangements for the supply of its supercritical UV disinfection systems.
- Tradify on its Series B investment from Movac, Icehouse and K1W1. Tradify is an all-in-one job management software for electricians, plumbers, HVAC, landscapers, carpenters, and other trade businesses.
- Medical record software provider Intrahealth Systems on the New Zealand aspects of its CAD19.25m sale to WELL Health.
- Digital Confectioners Limited on its series A investment from Tencent and subsequent corporate restructure and ESOP establishment.
- Wellbeing solutions provider Groov on its Series A extension round and strategic partnership with New Zealand Rugby.
- Multitudes on its seed and pre-series A funding from investors such as Blackbird Ventures, Eleanor Ventures and Ellen Pao.
- UneeQ on multiple funding rounds and a strategic partnership with Veritone relating to UneeQ’s digital human technology.
"Sam Wilson and the Anthony Harper team provided technically excellent support and a pragmatic, commercially centred approach in what was a challenging cross-border and time sensitive transaction. Their preparation and ability to anticipate and pre-emptively address stakeholder concerns ultimately delivered a great outcome for all involved."
GR Partners LLC, financial adviser to Moxion
How we support you
- Preparing a New Zealand will that works alongside your existing offshore arrangements, ensuring your New Zealand-situated assets pass in accordance with your wishes
- Advising on trust structuring and estate planning options for New Zealand-held assets, including how these interact with any existing offshore structures
- Preparing New Zealand enduring powers of attorney covering property and personal care and welfare
- Advising on the implications of New Zealand's relationship property regime, which applies to all property situated in New Zealand regardless of the owner's residency status, and on whether a contracting out (or prenuptial) agreement is appropriate for your situation
- Reviewing existing wills, trusts and powers of attorney to ensure they remain effective once you are spending significant time in New Zealand or have established assets or residency here
Anthony Harper is one of New Zealand's leading commercial law firms, with offices in Auckland and Christchurch. We advise international investors, high-net-worth individuals and family offices on complex cross-border transactions, and our experience with New Zealand's overseas investment regime is among the strongest of any firm in New Zealand.
Our approach is commercially focused and genuinely collaborative. We take time to understand your goals, your existing structures and your timeline before advising on next steps.
If you are interested in an AIP application, property acquisition or other investment into New Zealand, get in touch with our team.
Matt Smith
