{"id":160056,"date":"2025-11-29T18:57:04","date_gmt":"2025-11-29T18:57:04","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/160056\/"},"modified":"2025-11-29T18:57:04","modified_gmt":"2025-11-29T18:57:04","slug":"offers-of-luxury-cars-and-boats-could-end-in-trouble-all-things-property-under-oneroof","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/160056\/","title":{"rendered":"Offers of luxury cars and boats could end in trouble, All things property, under OneRoof"},"content":{"rendered":"<p>&#8211; Homeowners attempting to bypass the foreign buyer ban by adding expensive chattels risk legal trouble.<\/p>\n<p>&#8211; Joanna Pidgeon warns that adding items like cars to meet the $5m threshold is illegal.<\/p>\n<p>&#8211; Stuart Nash advises sellers to consult the Overseas Investment Office before including high-value chattels.<\/p>\n<p>Homeowners who think they can circumvent the foreign buyer ban by adding an expensive car or boat to their list of chattels could fall foul of the law, a real estate expert has told OneRoof.<\/p>\n<p>The warning comes as questions mount about the Government\u2019s new investor visa, which allows overseas holders to buy or build one New Zealand home with a minimum value of $5 million.<\/p>\n<p>Some of the details in the policy are still under wraps, prompting some in the market to ask about potential loopholes that could make sub-$5m houses eligible for wealthy foreign buyers.<\/p>\n<p>Finance Minister Nicola Willis <a href=\"https:\/\/www.oneroof.co.nz\/news\/disappointing-new-foreign-buyer-law-delayed-until-next-year-48579\" target=\"_blank\" rel=\"nofollow noopener\">told OneRoof this month<\/a> that the Government was still working out the details but planned to enact its legislative changes in the first half of 2026. <\/p>\n<p><img decoding=\"async\" alt=\"Could a fancy boat or luxury car be a loophole in the new foreign buyer rules? A top property lawyer says no. Photo \/ Getty Images\" src=\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2025\/11\/476fb822e698e29b3fbbf798adbb9a99.jpg\" style=\"max-width: 100%;\"\/><\/p>\n<p class=\"image-caption\">Lawyer Joanna Pidgeon: \u201cThe devil is always in the details.&#8221; Photo \/ Supplied<\/p>\n<p>Auckland-based property lawyer Joanna Pidgeon said homeowners could find themselves in serious trouble if they tried to meet the $5m threshold by adding an expensive item such as a Lamborghini to their chattels.<\/p>\n<p>\u201cThe devil is always in the details, which we haven\u2019t seen yet,\u201d she said, but noted that those who knowingly or recklessly took steps to defeat, evade or circumvent the Overseas Investment Act, which governs foreign ownership of New Zealand houses, risked breaking the law.<\/p>\n<p>She said real estate agents and lawyers could also face \u201csignificant penalties as well as professional repercussions\u201d and end up being prosecuted alongside the vendor and purchaser.<\/p>\n<p>Discover more:<\/p>\n<p><a href=\"https:\/\/www.oneroof.co.nz\/news\/hollywood-stars-hot-for-waihekes-cold-war-bolthole-and-the-ndas-are-flying-48604\" target=\"_blank\" rel=\"nofollow noopener\">&#8211; Hollywood stars hot for Waiheke&#8217;s &#8216;Cold War bolthole&#8217; and the NDAs are flying<\/a><\/p>\n<p><a href=\"https:\/\/www.oneroof.co.nz\/news\/48585\" target=\"_blank\" rel=\"nofollow noopener\">&#8211; Disgraced dentist&#8217;s home sells for $880,000 at mortgagee auction<\/a><\/p>\n<p><a href=\"https:\/\/www.oneroof.co.nz\/news\/48536\" target=\"_blank\" rel=\"nofollow noopener\">&#8211; &#8216;Can\u2019t find my husband, but have found a buyer&#8217; &#8211; giant house fetches $2m-plus<\/a><\/p>\n<p>While adding an expensive oven to the chattels list might be allowable as it is an intrinsic part of a property transaction, \u201cadding a boat or an expensive car would likely be artificial\u201d and likely fall foul of the Overseas Investment Act 2005.<\/p>\n<p>\u201cThe land would need to be genuinely worth $5 million, not with unrelated extras added to get it over the value threshold,\u201d she said. She also warned sellers not to offer finance schemes to \u201ctop up the sale price\u201d or \u201cany other structure designed to get around the legislative parameters\u201d.<\/p>\n<p>Pidgeon said that land was defined in the Land Transfer Act as estates and interests in land, buildings and other permanent structures on land, land covered with water and plants, trees, and timber on or under land.<\/p>\n<p>EpsomTax executive director Garreth Collard said it was a \u201cgrey area\u201d and agreed with Pidgeon that there could be legal implications if anyone tried to add an expensive chattel to push their property over the $5m mark.<\/p>\n<p>\u201cIf a client asked us about that, we would recommend they don\u2019t do it because it could be potentially dangerous for them,\u201d he said.<\/p>\n<p>\u201cThat\u2019s when we would generally say, \u2018Go and talk to your lawyer\u2019.\u201d<\/p>\n<p>Former Labour minister Stuart Nash, whose firm Nash Kelly Global helps high net worth foreigners navigate the \u201cgolden visa\u201d rules, also told OneRoof that sellers could find themselves in trouble if they tried to get around the $5m rule in a way that was found to be disingenuous.<\/p>\n<p><img decoding=\"async\" alt=\"Could a fancy boat or luxury car be a loophole in the new foreign buyer rules? A top property lawyer says no. Photo \/ Getty Images\" src=\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2025\/11\/1166748fc81e36026246695f1d2f05d4.jpg\" style=\"max-width: 100%;\"\/><\/p>\n<p class=\"image-caption\">Stuart Nash: \u201cI wouldn\u2019t make any assumptions that leaving a $100,000 Porsche and $1m of art in the house brings it up to $5m.\u201d Photo \/ Warren Buckland<\/p>\n<p>Nash had been approached by homeowners about whether it would be \u201ckosher\u201d to throw in some expensive chattels so they could tap into the overseas buyer pool, and his personal view was \u201cdon\u2019t do it\u201d.<\/p>\n<p>\u201cI would think if you\u2019ve got a $4m house, but said, \u2018I tell you what, there are a couple of Colin McCahons in there that are worth $1m\u2019, I don\u2019t think the courts would look at that favourably and say, yes, that\u2019s a $5m property.\u201d<\/p>\n<p>Others had also asked him about selling a house for $5m and then having a $1m rebate. His view of this was the same, and that it would unlikely stand up to scrutiny in court.<\/p>\n<p>His advice to sellers was to seek advice from the Overseas Investment Office. \u201cI wouldn\u2019t make any assumptions that leaving a $100,000 Porsche and $1m of art in the house brings it up to $5m.\u201d<\/p>\n<p><img decoding=\"async\" alt=\"Could a fancy boat or luxury car be a loophole in the new foreign buyer rules? A top property lawyer says no. Photo \/ Getty Images\" src=\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2025\/11\/d2514c07bdd02d8462af7d5dffb63247.jpg\" style=\"max-width: 100%;\"\/><\/p>\n<p class=\"image-caption\">Queenstown-Lakes is already a property hotspot for foreign buyers. Walker &amp; Co owner Hamish Walker says most of his clients don\u2019t have restrictive budgets. Photo \/ Getty Images<\/p>\n<p>Ray White agent Ross Hawkins said there would need to besome clear rules around what was and wasn\u2019t allowed when the policy wasreleased.<\/p>\n<p>In his view the value of a property comprised the house,land and chattels, which sometimes included luxury items such as cars or boats.<\/p>\n<p>\u201cUnless they have something actually written in, thenthere\u2019s no reason why you couldn\u2019t do that. Because people might be leaving thecountry and go, \u2018Right, I\u2019m going to sell my house and leave my car, so I willsell it with a house\u2019,\u201d he said. <\/p>\n<p>\u201cSometimes it\u2019s actually a carrot to help people purchasethe property, and it makes it easy for them as they\u2019ve got their mode oftransport as part of the deal.\u201d He once marketed a Sealegs amphibious boat with a house because it was listed as part of the chattels.<\/p>\n<p>Walker &amp; Co director Hamish Walker did not think it would become an issue because buyers often had quite large budgets and were not worried about spending an extra couple of hundred thousand dollars to secure a property.<\/p>\n<p>Many of the overseas buyers he worked with in Queenstown were looking to spend $8m or more on a property, and he was currently negotiating one deal in excess of $10m.<\/p>\n<p>\u201cMany of the foreign buyers I\u2019m dealing with don\u2019t have budgets when buying property.\u201d<\/p>\n<p><a href=\"https:\/\/www.oneroof.co.nz\/search\/houses-for-sale\/region_all-new-zealand-1_page_1\" target=\"_blank\" rel=\"nofollow noopener\">&#8211; Click here to find properties for sale<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"&#8211; Homeowners attempting to bypass the foreign buyer ban by adding expensive chattels risk legal trouble. &#8211; Joanna&hellip;\n","protected":false},"author":2,"featured_media":160057,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[138,1258,111,139,69],"class_list":["post-160056","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-business","tag-latest-news","tag-new-zealand","tag-newzealand","tag-nz"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/160056","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=160056"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/160056\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/160057"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=160056"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=160056"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=160056"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}