New Zealand
AI Agent Legal Status: partial · Autonomy: moderate
Legal Framework
New Zealand has adopted a 'light-touch' regulatory approach with no AI-specific legislation. The Algorithm Charter for Aotearoa New Zealand is a voluntary, non-binding framework for government agencies using algorithms. The first National AI Strategy (July 2025) focuses on AI adoption over development, OECD principle alignment, and technology-neutral regulation. The Public Service AI Framework (February 2025) governs government AI use. The FMA launched a regulatory sandbox pilot (January-July 2025) open to Web3 and blockchain projects. No DAO-specific legislation exists, though the Cryptopia court case endorsed treating digital assets under existing legal principles.
Key Laws & Regulations
- ◆Algorithm Charter for Aotearoa New Zealand
- ◆National AI Strategy 2025
- ◆Public Service AI Framework (February 2025)
- ◆Privacy Act 2020
- ◆Harmful Digital Communications Act 2015
- ◆Digital Identity Services Trust Framework Act 2023
- ◆Companies Act 1993
- ◆Financial Markets Conduct Act 2013
Business Formation
Limited Company (Ltd), Limited Partnership, Look-Through Company (LTC), Incorporated Society, Sole Trader. FMA regulatory sandbox available for fintech/Web3 innovation. No DAO-specific entity type. R&D Tax Incentive (RDTI) provides 15% tax credit for eligible R&D.
Tax Implications
Corporate tax rate 28%. No capital gains tax, no inheritance tax, no stamp duties. GST at 15%. RDTI provides 15% tax credit for eligible R&D between NZD 50K-120M. Imputation system for dividends. Ranks 3rd on International Tax Competitiveness Index 2025. GloBE rules (OECD BEPS) apply from 2025 for large multinationals.
Opportunities
Use FMA regulatory sandbox for AI/Web3 product testing. Leverage no capital gains tax for AI token/asset appreciation. Structure AI businesses as LTCs for tax transparency. Position as OECD-compliant AI adoption hub. Build on Cryptopia precedent for digital asset businesses.
Highlights
Light-touch, pro-innovation regulatory approach. No capital gains tax. High international tax competitiveness (3rd globally). FMA regulatory sandbox for fintech/Web3 innovation. Strong rule of law and English common law system. Cryptopia case provides judicial precedent for digital asset treatment. OECD-aligned AI principles.
Risks & Challenges
Small domestic market limits scale. No DAO legal recognition. AI Strategy focuses on adoption not development, limiting deep-tech AI investment incentives. Voluntary nature of Algorithm Charter means limited enforcement. Watching Australian developments rather than leading on DAO/AI entity issues.