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 is a current director of a company incorporated in Australia.
Note, you will be asked to provide that company's Australian Company Number (ACN) as part of the registration process.
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 are not present in New Zealand for the required period, the Registrar may still consider that you satisfy the lives in New Zealand rule. To satisfy the Registrar you will need to provide additional information, including:
- the actual time you spend in New Zealand
- your connection and ties to New Zealand
- how you live when in New Zealand, and
- whether the combination of these factors will allow us to determine whether you have met your company's obligations.
Who cannot be a director
Some of the reasons you cannot be a director include if you are:
- 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 is not limited to people who have 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 have 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 is banned.
How to check if a person is bankrupt
The New Zealand Insolvency and Trustee Service lists people who are 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