Guidelines for Diplomatic and Consular Corps Resident in and accredited to New Zealand 73
DIPLOMATIC AND CONSULAR PREMISES
20. Diplomatic and Consular Premises
Missions and posts are free to choose accommodation for their chanceries, official residences and staff housing,
subject only to currently applicable regulations, and local authority planning procedures where construction is
involved. MFAT cannot play any substantive role in locating or securing sites or premises, nor is it able to enter into
any reciprocal arrangement for the provision of sites or premises.
The following provisions on procedures for building new premises, purchasing existing properties and renting
premises and properties are guidelines for general information only and do not constitute authoritative advice for
any specific situation. Missions/posts are strongly advised to engage professional services in purchasing/renting
properties/premises.
20.1 Building of Premises
In accordance with Article 41 of the VCDR and Article 55 of the VCCR, all missions and posts are subject to local
authority building codes and town planning regulations.
Neither MFAT or any other department or agency of central government has any authority in this field and missions
and posts must deal directly, or via their architects/builders, with the relevant local authorities. This is especially so
as planning procedures and requirements vary between local authorities.
Information can also be found on the Ministry of Business, Innovation and Employment (MBIE)'s website
www.building.govt.nz
.
20.2 Purchasing Property
20.2.1 Purchases by the Sending State
Missions and posts wishing to purchase properties should make their own approaches to reputable real estate
agents.
Missions and posts wishing to purchase a property for a chancery in a residential area must ensure they meet zoning
regulations and obtain written approval from the local city council for use of the property concerned as office
premises before purchasing.
It is recommended that missions and posts consult with the Protection Services of the New Zealand Police before
purchasing official premises, for advice on security issues regarding the locality and physical attributes of the
property (refer to Chapter 22).
20.2.2 Purchases by Individuals
The purchase of properties in New Zealand by officers and their family members is subject to foreign investment
regulations. The regulations are set out by the Overseas Investment Office, part of Land Information New Zealand
www.linz.govt.nz/overseas-investment
. Privileged officers who own their own property are not entitled to a rates
refund in relation to that property.
20.2.3 Transfer of Ownership
Missions, posts and individuals should engage the services of a reputable legal firm to ensure the proper transfer of
ownership of property is carried out in accordance with New Zealand law.
Guidelines for Diplomatic and Consular Corps Resident in and accredited to New Zealand 74
20.3 Renting Premises
20.3.1 Renting Commercial Property/Chanceries
Missions and posts are free to choose the location for their rented office space. Commercial rental agreements will
need to be entered into with the building owner.
Missions and posts seeking to rent space for office use in residential areas are advised to seek written local city
council advice on zoning regulations relevant to the property before taking out a lease.
Missions and posts should consult the Protection Services of the New Zealand Police for advice on security issues.
20.3.2 Renting Residential Property
All prospective residential tenants should ensure they complete formal written rental agreements and receive
receipts for all bond money paid. The law requires that a landlord who takes a bond must lodge it with Tenancy
Services of MBIE within 23 working days of receiving it. Tenants should also make themselves familiar with the
obligations of both the tenants and the landlord in New Zealand.
In New Zealand, Tenancy Services of MBIE provides advice and dispute resolution services for tenants and landlords,
including mediation and dispute resolution through the Tenancy Tribunal. Tenancy Services also receives residential
tenancy bond moneys and refunds them when lawfully due. Where a mission or an individual who is immune from
local jurisdiction chooses to seek dispute resolution through the Tribunal, MFAT requires that the relevant mission
provide the appropriate waiver of immunity in writing.
Further advice can be obtained from Tenancy Services www.tenancy.govt.nz
.
* * *
