A helpful guide for first home buyers. Westpac KiwiSaver Scheme First Home Purchase Withdrawal

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1 A helpful guide for first home buyers. Westpac KiwiSaver Scheme First Home Purchase Withdrawal BT Funds Management (NZ) Limited is the scheme provider and Westpac New Zealand Limited is the distributor of the Westpac KiwiSaver Scheme. April 2015

2 Contents 2 Home Buyer's To Do List 4 Am I Eligible? 5 When Can I Apply? 6 How Do I Apply? 7 How Much Can I Withdraw? 7 When Will I Be Paid? 8 KiwiSaver HomeStart Grant 9 Frequently Asked Questions 11 Information For Solicitors and Conveyancing Practitioners 12 KiwiSaver First Home Purchase Withdrawal Form 16 Solicitor s or Conveyancing Practitioner s Letter BT Funds Management (NZ) Limited is the scheme provider, and Westpac New Zealand Limited is the distributor of the Westpac KiwiSaver Scheme. The information in this brochure is based on information current at the time of writing (April 2015) and sources Westpac believes to be accurate and reliable as at that date. It is subject to changes to government policy and law, which may impact the Westpac KiwiSaver Scheme from time to time (as referred to in the Westpac KiwiSaver Scheme investment statement). References to non-westpac websites and material are provided for your convenience and Westpac accepts no responsibility for the availability or content of such websites or material. The material in this brochure is provided for general information purposes only and is not a recommendation or opinion in relation to the Westpac KiwiSaver Scheme. You should not rely solely on the information in this brochure. We recommend that you consult a Westpac Financial Adviser for advice in relation to the Westpac KiwiSaver Scheme. Disclosure statements under the Financial Advisers Act are available on request and free of charge from any Westpac Financial Adviser. Investments made in the Westpac KiwiSaver Scheme do not represent bank deposits or other liabilities of Westpac Banking Corporation ABN , Westpac New Zealand Limited or other members of the Westpac group of companies. They are subject to investment and other risks, including possible delays in payment of withdrawal amounts in some circumstances, and loss of investment value, including principal invested. None of BT (as manager), any member of the Westpac group of companies, NZGT (as trustee), or any director or nominee of any of those entities, or any other person guarantees the Westpac KiwiSaver Scheme s performance, returns or repayment of capital. KiwiSaver incentives are determined by government policy and legislation and may change in the future. You can obtain a copy of the Westpac KiwiSaver Scheme Investment Statement at any Westpac branch or online at westpac.co.nz.

3 Home Buyer s To Do List Found your dream home? You may be able to withdraw some of your KiwiSaver savings to put towards buying your first home. Buying your first home is an exciting time in your life and we know it can seem like a daunting process. This brochure provides helpful information when applying for the Westpac KiwiSaver Scheme First Home Purchase Withdrawal, including key steps, frequently asked questions and timings, which we hope will make things easier. We ve also included a useful checklist below. Your Westpac KiwiSaver Scheme First Home Purchase Withdrawal Checklist Ensure you re eligible. (See page 4) Make sure the sale and purchase agreement on your new home is unconditional before you apply*. Make sure you re named as the purchaser and the sale and purchase agreement is signed by you (not by an agent). Complete the enclosed application form. (See page 12). Apply at least 10 business days before settlement (but after your agreement is unconditional). We will not pay out the money after settlement date. You may need to allow a further 5 business days if you wish to withdraw your member tax credits and you have been living out of New Zealand during the period in which you have been a KiwiSaver member. Ensure your Solicitor or Conveyancing Practitioner knows what they need to do and what documents to provide. (See page 11). Have your ID and proof of address certified, or remember to bring them to the branch when you're dropping off the form. * Changes from 1 June 2015 From 1 June 2015 you will be able to make a withdrawal for the purchase of a first home while your sale and purchase agreement is conditional and before settlement has occurred. Please contact us if you would like more information on this option. 2

4 Am I Eligible? You may be eligible if you are a first home buyer and you meet all of the following criteria: You ve been a KiwiSaver member or member of a complying superannuation fund for three years or more; You have never made a withdrawal from a KiwiSaver scheme to purchase a home before; The property is intended to be your main home; The property is in New Zealand; You have never owned a house or land before (limited exceptions regarding land holdings apply). If you hold an estate in land as a certain type of trustee or the land is held as a leasehold estate, you may still be eligible for a first home purchase withdrawal. We recommend that you consult your legal adviser to determine your eligibility. Owned a property before? If you ve owned a property before, you may still be eligible provided you: Have never made a home purchase withdrawal from a KiwiSaver scheme, and Are considered to be in the same financial position as a first home buyer. (Details can be found on the Housing New Zealand website, below.) You can apply to Housing New Zealand to find out if you qualify for a home purchase withdrawal as a previous home owner buyer. For full details on eligibility and more information, visit hnzc.co.nz. It's easy to check Before you apply, make sure you understand the eligibility criteria and what amount you may have available. If you re a Westpac KiwiSaver Scheme member you can: ask us to check how long you ve been a KiwiSaver member for to ensure you are eligible; and ask us for a balance estimate so you understand what amount might be available to withdraw. You can call us on between 8.30am and 5.30pm Monday to Friday, or if calling from outside New Zealand. 4

5 When Can I Apply? You must apply: Only after the sale and purchase agreement is unconditional * ; and At least ten business days before the settlement date. You may need to allow a further 5 business days if you wish to withdraw your member tax credits and you have been living out of New Zealand during the period in which you have been a KiwiSaver member. We will not make payment after settlement date, so you ll need to ensure there s enough time between the date that the sale and purchase agreement goes unconditional, and the settlement date. Already have a conditional approval for a first home withdrawal? Sometimes lenders ask our members to seek conditional approval of a home purchase withdrawal. This is not the same as final approval even if you ve received conditional approval for a withdrawal, you ll still need to follow the steps listed on the next page in order to apply. * See page 2 for more details on changes coming 1 June

6 How Do I Apply? Once the sale is unconditional *, you ll need to complete the enclosed Westpac KiwiSaver Scheme First Home Purchase Withdrawal Form. When sending the completed form to us, you ll need to include the following documentation and send it at least ten business days before settlement date. We will not pay out after settlement date. You may need to allow a further 5 business days if you wish to withdraw your member tax credits and you have been living out of New Zealand during the period in which you have been a KiwiSaver member. Suitable identification and proof of your address. - If you're posting your application, you'll need to include original certified copies of your ID and proof of address. For your ID, this is usually either a certified copy of a New Zealand passport or New Zealand photo drivers licence and proof of address can include a rates, power or phone bill. For a full list of acceptable documents, please go to westpac.co.nz/aml - If you re returning your form to a Westpac branch, you can bring your ID and proof of address with you and have them verified by a member of the branch staff. Your solicitor or conveyancing practitioner will need to complete the enclosed solicitor s or conveyancing practitioner s letter in full. We need to receive the original. Your solicitor or conveyancing practitioner will also need to provide the following along with the fully completed letter: - A copy of the sale and purchase agreement; - A pre-printed bank deposit slip for your solicitor s or conveyancing practitioner s trust account. If you re a previous home owner buyer, you ll also need to include confirmation from Housing New Zealand that you qualify. Once you have completed your form and have all supporting documentation, you can take it to any Westpac branch, or alternatively post it to us at the following address: Westpac KiwiSaver Scheme PO Box 695 Wellington

7 How Much Can I Withdraw? If you re eligible, you can withdraw all of your own contributions, all of your employer s contributions and all of the Government's member tax credit contributions, plus investment returns (if any). You are unable to withdraw: The $1,000 Government kick-start; Any funds transferred to a KiwiSaver scheme from an Australian complying superannuation scheme. When Will I Be Paid? If your application for a home purchase withdrawal is successful, the money will be deposited into your solicitor s or conveyancing practitioner s trust account, to be paid directly to the vendor on settlement date *. * See page 2 for more details on changes coming 1 June

8 KiwiSaver HomeStart Grant As well as being able to withdraw money from your Westpac KiwiSaver Scheme account towards the purchase of your first home, you could also be eligible for a KiwiSaver HomeStart Grant. You can apply for this through Housing New Zealand if you are 18 years of age or over and have regularly contributed at least the minimum contribution percentage to a KiwiSaver scheme for at least three years. You may only receive the Grant once. Previous property owners may also be eligible for the Grant. Eligibility for this Grant is assessed by Housing New Zealand. Income and house price caps apply and may be subject to change by the Government. As the Grant is administered by Housing New Zealand, you'll need to apply directly through them. Further details are available from hnzc.co.nz or by calling

9 Frequently Asked Questions Still have some questions? Here are a few FAQs we think will help. If you have any other questions or would like some help, please call us on , between 8.30am and 5.30pm Monday to Friday, or if calling from outside New Zealand. Why do I need to send my application at least ten business days before settlement date? To ensure we have enough time to review your application pack, and get in touch with you if we need more information. We will not pay out after settlement date. Why do I need to allow a further 5 business days if I want to withdraw my member tax credits and have been living out of New Zealand during the period in which I have been a KiwiSaver member? You are only eligible to receive member tax credits when you mainly live in New Zealand. So the 5 business days allows for the extra time that we may need to settle your eligible member tax credit entitlement with Inland Revenue. Can someone at a Westpac branch sign the statutory declaration for me? No. You ll need to get an authorised person to witness a statutory declaration. This could be a Justice of the Peace, Barrister or Solicitor of the High Court, Notary Public, Registrar or Deputy Registrar of the High Court or any District Council or a Member of Parliament. Can I use the withdrawal as part of my deposit? No. The withdrawal cannot be used as part of any deposit required to be paid to the real estate agent when you sign a sale and purchase agreement. It must only be used as part of the purchase price paid to the vendor on settlement day. However, this is changing from 1 June See page 2 for more details. Can I use my KiwiSaver savings to help pay off my mortgage? You are not able to use your KiwiSaver savings to reduce your mortgage. You can only use this withdrawal towards the purchase of your first home. What happens if the purchase falls through? If the settlement is not completed by the due date (or any agreed extended date), the funds must be repaid to your Westpac KiwiSaver Scheme account. Can I use the money withdrawn to buy a home that I plan on renting out? No. The home or land to be purchased must be intended to be your principal place of residence. What kind of home can I buy? You can use the money to purchase a freehold, leasehold or stratum estate (often related to units or apartments). This includes the purchase of land you plan to build your first home on. I already own land. Can I use the first home withdrawal to buy materials to build a house on this land? No. As a general rule you re only eligible to withdraw your money if you have never owned a house or land before. Some exceptions do apply (such as holding an interest in Maori land or qualifying as a previous 9

10 home owner). For further details please visit the Housing New Zealand website at hnzc.co.nz or contact them directly on Limited exceptions regarding land holding also apply - see the next question. What happens if I hold property as a trustee or the land is held as a leasehold estate? In these instances, we recommend that you consult your legal adviser to determine your eligibility to make a home buyer s withdrawal. Though the general rule is that (unless you qualify as a previous home owner buyer) you must never previously have owned a house or land, limited exceptions regarding leasehold estates and holding land as a certain type of trustee may apply. Are there any income or house price caps that limit the amount I am able to withdraw for my first home? No - there are no income or house price limits for the withdrawal. Just check the criteria to ensure you are eligible. There are however income and house price restrictions on the Government s KiwiSaver HomeStart Grant - for further details visit the Housing New Zealand website at hnzc. co.nz or contact them directly on What happens to my Westpac KiwiSaver Scheme account after I make a first home withdrawal? After you ve made a first home withdrawal, you ll remain a Westpac KiwiSaver Scheme member and your account will remain open. This means you can keep making contributions as usual and continue to save for retirement. How do I transfer to the Westpac KiwiSaver Scheme? If you re a Westpac customer (18 years or over) and registered for Online Banking, it s easy to make the switch online. Just log on to Westpac Online Banking and select KiwiSaver account from the welcome/ account balances menu. You can also complete the application form in the Westpac KiwiSaver Scheme Investment Statement, which you can pick up from any Westpac branch, or download it from our website at westpac.co.nz. We will complete the transfer on your behalf. If you re planning to buy a home soon and you want to apply for a home purchase withdrawal, please bear in mind that it can take up to 35 days to transfer between KiwiSaver schemes. If you would like advice about the Westpac KiwiSaver Scheme, call us on to speak with a Westpac Financial Adviser. What if I ve transferred from a UK pension scheme? Before applying to make an early withdrawal of funds transferred from a UK pension we strongly recommend that you seek independent tax advice, as an early withdrawal could result in you incurring significant penalty tax obligations in the UK. We are required to report all withdrawals (for up to ten years from the transfer date of your UK pension) to the UK tax authorities if you have received a UK pension into your KiwiSaver account. What if I ve transferred from an Australian complying superannuation scheme? You won t be able to withdraw any funds transferred from an Australian complying superannuation scheme to put towards a first home purchase withdrawal. What if I ve been involved in an insolvency procedure? If you are subject to or have been discharged from an insolvency procedure such as bankruptcy or a No Asset Procedure, you may not be able to withdraw the full amount. We will need to check with the Official Assignee whether they have an interest in your funds and what their requirements are. We will confirm this with you, before proceeding with your application. * See page 2 for more details on changes coming 1 June

11 Information for Solicitors and Conveyancing Practitioners To make a first home purchase withdrawal, KiwiSaver members must apply after the sale becomes unconditional*, and before the settlement date. We can t accept applications before the sale is unconditional or make payments after the settlement date. We need at least 10 business days prior to the settlement date to process the completed application. When we receive the completed application and if the member is eligible, we ll transfer the funds to your trust account for payment to the vendor on settlement date. Here s what you can do to ensure your client s application is processed as quickly as possible: - Ensure that they are specifically named as purchaser on the sale and purchase agreement - Complete the solicitor s or conveyancing practitioner s letter in full and in the prescribed form (see page 16) including: - confirmation that the sale and purchase agreement does not stipulate and/or nominee or, if it does, confirmation that the member is a purchaser of the property in the sale and purchase agreement. - an undertaking that the sale and purchase agreement has gone unconditional*. - an undertaking that funds will be paid to the vendor as part of the purchase price or repaid if settlement does not occur. Please send us the original letter. All of the details in the enclosed letter are required for us to be able to process the application. - Be aware that conditional approval is not the same as final approval. Even if your client received conditional approval, they ll still need to follow the application process. - Ensure that the completed application is received by us at least 10 business days before settlement. What you need to provide: - The original solicitor s or conveyancing practitioner s letter, fully completed, signed and dated; - A copy of the fully completed sale and purchase agreement; - A pre-printed bank deposit slip for your trust account. * See page 2 for more details on changes coming 1 June

12 Westpac KiwiSaver Scheme First Home Purchase Withdrawal Form April 2015 BT Funds Management (NZ) Limited is the scheme provider and Westpac New Zealand Limited is the distributor of the Westpac KiwiSaver Scheme. Use this form to apply for a withdrawal from the Westpac KiwiSaver Scheme where you have been a member of a KiwiSaver scheme for at least 3 years and you have not already made a home purchase withdrawal from this or any other KiwiSaver scheme. Please note that any first home purchase withdrawal of Westpac KiwiSaver Scheme savings is subject to approval and that the withdrawal may exclude the amount of the Government s kick-start contribution and any Australian-sourced Funds. Any approved withdrawal amount must be used as part of the purchase price on settlement day. IMPORTANT Before sending us the form please check you: are you fully aware of the requirements you must meet in order to qualify for this withdrawal (see declarations in section F of this form); have completed all sections of this form including the statutory declaration; attach your Solicitor s or Conveyancing Practitioner s letter with the required undertakings; attach your Solicitor s or Conveyancing Practitioner s pre-printed bank deposit slip; attach a copy of the Sale and Purchase agreement under which you are named as the purchaser; attach confirmation from Housing New Zealand that you qualify as a second-chance home buyer (if applicable); attach a certified copy of evidence of address (for a full list of acceptable documents, please go to and attach a certified copy of acceptable identity verification documents. This is usually by way of either a certified copy of a New Zealand passport or New Zealand photo drivers licence. For a full list of acceptable documents, please go to Your completed application form and all supporting documentation must be received when the sale and purchase agreement is unconditional and at least 10 business days prior to the settlement date. Please note, if you are applying to withdraw your Member Tax Credits you may need to allow a further 5 business days (in addition to the usual 10 business days) for us to process your withdrawal. We cannot pay out after settlement. A: Your Details Westpac KiwiSaver Scheme member number K S Mr. Mrs. Miss. Ms. Other (please specify) Best time to contact you HOME AM/PM Address WORK AM/PM Given name(s) OCCUPATION Surname IRD number Date of birth Physical address NUMBER & STREET SUBURB Prescribed Investor Rate (PIR*) 10.5% 17.5% 28% *Refer to Inland Revenue ( to determine your PIR. Please complete the following if you would like all future KiwiSaver correspondence sent to the address of your new home. I would like all future correspondence sent to the address below from TOWN/CITY POSTCODE Date Postal address BOX NUMBER NUMBER & STREET / BOX NUMBER SUBURB SUBURB TOWN/CITY POSTCODE TOWN/CITY POSTCODE Phone HOME BUSINESS MOBILE 1 of 4

13 B: Your Withdrawal Request Type of withdrawal (please tick one): or First Home Purchase Withdrawal this applies to members who have not held an estate in land before (whether alone or jointly with another person) subject to limited exceptions. Previous Home Owner Buyer Withdrawal this applies to members who have held an estate in land before. If you are applying for a previous home owner buyer withdrawal you will need to attach confirmation from Housing New Zealand that your financial position (in terms of income, assets and liabilities) is what would be expected of a person that has never held an estate in land (whether alone or jointly with another person). For more information or the necessary form, please contact Housing New Zealand on or visit its website C: Payment Details How much money do you need* (please tick one)? Partial withdrawal of $ or All available funds Any partial withdrawals will be deducted proportionally according to your most recent investment strategy (the way in which your current or most recent contributions are allocated). Once you ve made a withdrawal from your Westpac KiwiSaver Scheme account to buy your first home, you ll remain a Westpac KiwiSaver Scheme member. You can keep making contributions as usual and continue to save for your retirement. *This may be an amount up to the value of your Westpac KiwiSaver Scheme account, less the Government s kick-start contribution and any Australian-sourced Funds please call us on if you are unsure what those amounts are. Please note if you were not resident in New Zealand for any period while you have been a KiwiSaver member, some of your Member Tax Credits (if permitted to be withdrawn) may need to be refunded to Inland Revenue. This means additional time of up to 5 business days (in addition to the usual 10 business days) may be required to process your application. If you have transferred from a UK pension scheme, we strongly recommend you seek independent tax advice before applying to make an early withdrawal as it could result in tax obligations in the UK. D: Solicitor or Conveyancing Practitioner details Solicitor s or Conveyancing Practitioner s name PLEASE PRINT Company name Address NUMBER & STREET / BOX NUMBER SUBURB TOWN/CITY POSTCODE Phone Number Fax Number E: Privacy Statement The personal information which you provide in (or in connection with) this form will be held securely by BT Funds Management (NZ) Limited (Manager) and/or the New Zealand Guardian Trust Company Limited (Trustee), at the address of Trustees Executors Limited, the registry provider, and may be disclosed to Westpac Banking Corporation ABN (Westpac), Westpac New Zealand Limited (Westpac NZ) and any other entity that is involved in the administration and management of the Westpac KiwiSaver Scheme (including Inland Revenue and any regulatory body). You have the right to access and correct this information subject to the provisions of the Privacy Act This information will be used now and in the future to provide you with information on the full range of financial services offered by Westpac NZ and/or any entity within the Westpac group, and may be used to update any other information about you held by any member of the Westpac group. F: Statutory Declaration I NAME of ADDRESS solemnly and sincerely declare that: I have read the Privacy Statement in Part E of this form and all the information provided in this form (and any included materials) is true and correct; and I have been a member of a KiwiSaver scheme for 3 or more years; and I have never made a withdrawal from a KiwiSaver scheme (whether this Scheme or any Scheme to which I previously belonged) for a home purchase; and The property I purchase in connection with this application is intended to be my principal place of residence; and I have not previously owned an estate in land, or I attach written confirmation from Housing New Zealand stating that it is satisfied my financial position (in terms of income, assets and liabilities) is what would be expected of a person who has never held an estate in land (either alone or jointly with another person); and I understand that should the information given be incomplete or incorrect, the Manager of the Westpac KiwiSaver Scheme will not be able to complete its assessment of my application for a home purchase withdrawal. I agree that the Manager may approach the solicitor or conveyancing practitioner named above to obtain such further information as may be reasonably required in connection with this application, and I hereby authorise that solicitor or conveyancing practitioner to provide such further information. and OCCUPATION I understand that acceptance of my application for a home purchase withdrawal is subject to the Manager of the Westpac KiwiSaver Scheme receiving (in a form acceptable to the Manager) a solicitor s or conveyancing practitioner s letter: enclosing the solicitor s or conveyancing practitioner s pre-printed bank deposit slip and a copy of a sale and purchase agreement under which I am a purchaser; and containing undertakings to the effect that: i. the vendor and purchaser are unconditionally obliged to settle the sale and purchase; and ii. any funds received pursuant to this application will be paid to the vendor as part of the purchase price (or, if the sale does not settle, returned to the Westpac KiwiSaver Scheme with no deductions or disbursements). I understand that my withdrawal value might fluctuate based on the unit price(s) applying at the date when the withdrawal is processed and will be adjusted for any tax liability, fees and expenses. 2 of 4

14 F: Statutory Declaration continued Member Tax Credit declaration, please tick one: during the period I have been a member of KiwiSaver up to my date of eligibility to withdraw, New Zealand has been my principal place of residence; or during the period I have been a member of KiwiSaver up to my date of eligibility to withdraw, New Zealand has been my principal place of residence except for the periods specified below (Note: do not include overseas holidays here. Only include periods of non-residence in New Zealand): Start Date End Date Start Date End Date And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act Your signature Date Declared at PLACE Before me (signature and name of the authorised person in front of whom the declaration is made. This can be a JP, solicitors, Notary Public, a Registrar or Deputy Registrar of the District Court or the High Court or other person authorised to take a Statutory Declaration in Accordance with the Oaths and Declaration Act 1957.) Signature of Witness Name of Witness Date STAMP Please return the completed form to: Westpac KiwiSaver Scheme, PO Box 695, Wellington Please call us on between 8.30am and 5.30pm, Monday to Friday if you need any help. 3 of 4

15 Solicitor s or Conveyancing Practitioner s Letter To: The Manager of the Westpac KiwiSaver Scheme (the Scheme) Re: MEMBERS NAME (the Member) We refer to the Member s application for a home purchase withdrawal from the Scheme (the Application), which relates to the purchase of INSERT DETAILS OF PROPERTY INSERT DETAILS OF PROPERTY (the Property) The settlement date for the purchase of the Property is Documents We enclose copies of the following: 1. the agreement for sale and purchase of the Property with VENDOR NAME (the vendor) dated 2. our pre-printed bank deposit slip. We confirm that we act for the Member, who is to purchase the Property under the Agreement. Confirmation We confirm to you that: (select applicable option) or The sale and purchase agreement does not stipulate and/or nominee ; The sale and purchase agreement does stipulate and/or nominee and the Member is a purchaser of the property in the sale and purchase agreement. Undertaking We undertake to you that: 1. as at the date of this letter any conditions to the Agreement are fulfilled or waived and the Vendor and the Purchaser(s) are unconditionally obliged to settle; and 2. any funds received by us pursuant to the Application (the Funds) will be paid to the Vendor as part of the purchase price; or 3. if settlement under the Agreement is not completed by the due date in the Agreement or any agreed extended date, the Funds will be repaid to you as soon as practicable on account of the Member with no deductions or disbursements. I confirm that I hold a current Practising Certificate issued pursuant to the Lawyers and Conveyancers Act Dated Name of Firm Signature of Partner/Principal Name of Partner/Principal 4 of WP

16 Westpac New Zealand Limited WP

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