Prime Minister John Key says he would not have a problem with state-owned Landcorp running the 16 Crafar farms under Chinese ownership.
That would "not necessarily" be a case of New Zealanders becoming "tenants in their own land", he said.
In relation to the Crafar sales, Labour leader David Shearer has recalled Key's earlier comments that he was concerned New Zealanders could become "tenants in their own land" and that is why the Government was looking at overseas investment rules around land sales to foreigners.
Government ministers are expected to reveal tomorrow their decision on whether China-based Shanghai-Pengxin can but the farms, after they earlier received a recommendation from the Overseas Investment Office.
"It's less likely to be today and more likely to be tomorrow but these things can change. I don't think they've made a final decision but they're in the final throes of making that decision some time today and probably communicating it tomorrow," Key said.
He "had a feeling of what might happen".
"The Government is not in one sense the arbiter of the decision about yes or no for foreign ownership of the existing Crafar Farms - that is a recommendation from the Overseas Investment Office. What the Government's role is to determine whether the Overseas Investment Office followed the law properly," Key said.
Opposition to the sale by Shearer was "a great political statement to make" but may not be legally correct if the OIO had followed the law. Neither Labour, nor any other major political party had campaigned on a total ban of the sale of farmland to foreigners, Key said.
"What ministers are looking at is: Does the bid by this Chinese entity meet the regulations. If it does, they have no grounds to turn it down because if they do turn it down, then they would be subject to judicial review and they would almost certainly lose."
The Government had spent "a long time tightening up the law" around foreign ownership of land.
Labour had negotiated the free trade agreement with China, which had given the Chinese the same rights to invest in New Zealand as the British, American, German or Australian investment.
"We cannot say we are not going to accept a bid because someone is Chinese. We can say it's because they don't meet certain regulations and conditions in the Overseas Investment Act but we can't say it's because they're Chinese.
"We always have the power to disagree with the Overseas Investment Office but we couldn't disagree because we don't like the ethnicity of a buyer. We'd have to say it doesn't meet these regulations or these terms."
There was "a degree of subjectivity" in the tests but it was "for the most part, pretty clear cut".
He said foreign ownership of farms was running at less than one per cent.
"If we saw a significant buy up of New Zealand farms then the Government's response would likely be to further toughen the regulations or the Overseas Investment Act. But at this point, we're not really seeing that."
The sale of the Crafar Farms was "a significant transaction in terms of a one-off purchase" but in the overall context, it was not.
A deal between Pengxin and Landcorp "could be" a good commercial proposition for the state-owned company.