Can Company Directors Keep Their Home Addresses Private?

Why does this matter?
Right now, every company must list its directors’ home addresses on the Companies Register, and anyone can search that register for free. For most directors this is a minor inconvenience. But for some, it is problematic, and there have been calls for reform due to unwanted visitors, harassment, or safety concerns tied to having their home address available to the public.

There is currently no fixed date when this new law will start. It will kick in either by a date set by Parliament, and if that hasn’t happened by 18 November 2026, the law becomes active automatically on that day regardless.

How will directors protect their address?
Directors (or someone about to become one) will be able to apply to the Registrar of Companies to swap their home address for an “alternative address” on the public register.

The application needs to include a signed declaration confirming that making the address public could realistically cause physical or mental harm to the director, or someone they live with. However, we don’t yet know exactly how “harm” will be assessed, or whether the Registrar will ask for evidence beyond the declaration itself.

What counts as a valid alternative address?
It must be a real, physical New Zealand address, so it can’t be a PO Box. It also can’t be the company’s registered office or its official address for service. In practice, many directors will use their accountant’s or lawyer’s office, provided the application makes clear that’s what it is.

Once an application is approved, the alternative address becomes the only address the public can see for that director. This will also apply retrospectively too, meaning the Registrar must go back and update old filings, such as director consent forms, that previously showed the home address.

Does this help shareholders as well as directors?
Only in limited cases. If a shareholder is also a director, their address will be hidden. The same will apply for a director who lives with a shareholder, if that shareholder agrees to the application. But shareholders who aren’t directors, and don’t fall into either of those categories, currently miss out on this protection.

What do companies need to do differently?
Two existing obligations are being affected:
1. Notifying changes: companies currently have an obligation tell the Registrar when a director’s name or address changes. That duty now covers alternative addresses too, so companies will need to track both a director’s real residential address and their alternative one (if they have nominated one).
2. Public records: where a director has an approved alternative address, that’s the address that must show up on the version of company records available for public access. 

What should you do now?
If personal safety is a concern for you or a director you work with, this law finally offers a practical option outside of going through the Family Court. If you run a company, it’s worth starting to think about how you’ll capture and manage alternative address details once the regime is active and updating your internal registers accordingly.

Once the legislation comes into effect, we can help you work out whether you’re likely to meet the threshold for an application, prepare the statutory declaration, and review your internal processes so you’re ready to meet the new notification requirements.

Author: Dan Nichols, Law Clerk

Disclaimer

The above information is of a general nature only.  The information in this article does in no way constitute legal advice and all readers should contact a law firm for advice relating to their specific circumstances.