In this Act, a person is ordinarily resident in New Zealand,—
(a) for the purposes of a transaction that will result in an overseas investment in sensitive land where the relevant land is or includes residential land, and related matters, if the person—
(i) holds a residence class visa granted under the Immigration Act 2009; and
(ii) has been residing in New Zealand for at least the immediately preceding 12 months; and
(iii) is tax resident in New Zealand (see subsection (2A)); and
(iv) has been present in New Zealand for 183 days or more in total in the immediately preceding 12 months (counting presence in New Zealand for part of a day as a presence for a whole day):
(b) for the purposes of a transaction that will not result in an overseas investment in sensitive land where the relevant land is or includes residential land, and related matters, if the person—
(i) holds a residence class visa granted under the Immigration Act 2009; and
(ii) is in one of the following categories:
(A) is domiciled in New Zealand; or
(B) is residing in New Zealand with the intention of residing there indefinitely, and has done for the immediately preceding 12 months (see subsection (3)).