Who can be a director
Residency and legal requirements for directors
There are strict residency and legal requirements governing who can be a director of a New Zealand company.
All New Zealand companies must have at least one director who lives in:
- New Zealand, or
- Australia, and who is a director of a company incorporated in Australia.
Residency requirement
In most cases if you have been present in New Zealand for a total of more than 183 days in a 12 month period the Registrar will consider that you satisfy the lives in New Zealand rule.
If you're not present in New Zealand for the required period the Registrar may still consider your application. To have the Registrar consider your application you will need to provide additional information, including:
- the actual time you spend in NZ
- your connection and ties to NZ
- how you live when in NZ, and
- whether the combination of these factors will allow us to determine whether you've met your company's obligations.
Who can't be a director
Some of the reasons you can't be a director include if you're:
- under 18 years of age
- an undischarged bankrupt
- prohibited from being a director, general partner or promoter under certain statutory provisions
- prohibited from being involved in the management of a company or limited partnership under certain statutory provisions.
This includes, but isn't limited to people who've been:
- convicted of a crime involving dishonesty in the last 5 years, or
- banned ('prohibited') from managing a company or limited partnership by the Registrar of Companies or Financial Markets Authority.
It also includes people who've been prohibited from being a director, general partner or promoter of, or taking part in the management of, an overseas company or overseas limited partnership under Australian law.
The Companies Act 1993 sets out who is and is not qualified to be a director.
How to check if a person is a banned director
We have a guide that explains why some people may be banned from being a company director and describes how you can check who’s banned.
How to check if a person is bankrupt
The New Zealand Insolvency and Trustee Service lists people who are or have recently been, declared bankrupt. Search the Insolvency Register online for free.
Other guides in
Company directors
- Resources for new directors
- What it means to be a director
- Registering the appointment of a director
- Banned directors
- Updating a director's details
- Filing director and shareholder consent forms