Declining an application | Overseas investment Guidance

Our process

We follow a transparent and robust process when we intend to decline an application, to ensure our decisions are fair and reasonable.

Step 1: We tell you our concerns

If we are not satisfied that your application will meet our criteria, we will advise you of our concerns and that we intend to decline your application. We will do this through an ‘Intention to decline’ letter.

Step 2: You can respond to our concerns

You have 15 working days to respond to the Intention to decline letter and correct any errors in the information, or our understanding of the application. Extensions to this timeframe will only be granted in genuine, exceptional circumstances. We will not consider information you send after the due date.

Step 3: We finalise our assessment

If the further information you provide is satisfactory, we will continue to assess your application. This may still result in a recommendation that the decision-maker decline the application.

If the further information you provide does not satisfy our concerns, choose not to respond, or do not respond within the stated timeframe, we will complete our assessment report and recommend to the decision-maker that your application be declined.

Information you can provide in response

The table below lists the information that we will and will not accept in response to an Intention to decline letter.

Acceptable information	Unacceptable information
Clarification of points not made clearly in the application. Correction of any errors in information. Elaboration on background to claims. Information to further verify claims.	Increasing or widening benefit claims made. Changing the nature of the original investment plan.
Examples Correction of errors in information such as budget items, prices and dates. Clarification of acquisition process requirements such as the territorial authority consents required. Provision of more evidence regarding the likelihood of the investment plan proceeding.	Examples Changing the intended use of the land, for example from operating an existing vineyard to replanting with new vines. Building additional facilities, such as a restaurant. Changing the business operated on the land, for example from growing tomatoes to growing apples. Adding new benefits, such as providing scholarships to local residents.

Method of providing further information

You must provide further information in writing but you can meet with us to discuss your application before doing so. You must arrange any meeting before the final due date for information stated in the letter. Submissions made in person must be followed by written submissions reiterating the information, and these must be received by us by the due date.