October 2012 Thank you for choosing an ANZ loan. When you take out a loan, various terms and conditions apply to it. These are covered in this Terms and Conditions document and in your loan agreement. The purpose of this Terms and Conditions document is to record and explain some of the terms and conditions of your loan, as well as some of the terms and conditions contained in your Loan Agreement. We use the term this agreement throughout this document to refer to both sets of conditions. You should read this Terms and Conditions document jointly with your Loan Agreement. Please note that the terms and conditions covered in this Terms and Conditions document are only some of the terms and conditions of your loan. Additional terms and conditions may be implied by law, or may be agreed by you in writing. Further terms and conditions relating to your loan are also contained in ANZ s security documents (e.g. Memorandum of Mortgage, General Security Agreement, Specific Security Agreement, Guarantee and Indemnity) and in your Loan Agreement. For full details of current interest rates, fees and charges please contact ANZ. We have tried to put the information relating to your loan into plain English. We may not always have succeeded. If you need further information to help you understand the terms and conditions of your loan you should contact your solicitor, your ANZ Business Banking Manager or your ANZ Agri Manager. If you require the terms of any ANZ security document to be clarified, you should discuss this with your solicitor. 1. Explanation of terms This is an explanation of some of the terms that appear in this agreement. ANZ References to ANZ means ANZ Bank New Zealand Limited. ANZ Group References to ANZ Group means ANZ and its related companies (as defined by the Companies Act 1993), including Australia and New Zealand Banking Group Limited in Australia. Drawdown date When your loan, or parts of it, are paid to you, or to your solicitor on your behalf. In the case of partial drawdowns, the drawdown date is the date of first drawdown, subject to you complying with the terms of this agreement. Fixed Rate Period The length of time that your loan interest rate is to remain the same. ANZ may alter your loan interest rate during a fixed rate period if additional interest becomes payable as a result of any failure on your part to make a loan repayment when it is due to be paid. Guarantor Such party to a guarantee or other security document that has been taken, or may now or in the future be taken, in connection with your liabilities or obligations to ANZ from time to time. The term also includes any party that has made or given, both now and in the future, any assurance or undertaking for the benefit of ANZ (whether or not the same shall be legally binding) in respect of the due and punctual performance of any of your liabilities or obligations to ANZ from time to time. Interest rate The current per annum interest rate charged for your type of loan. Interest is calculated on the basis of a 365-day year. The rate and/or any discount or margin on that rate may be changed from time to time by ANZ unless your loan is a fixed rate loan. If this is the case the interest rate and/or any discount or margin on that rate will normally only be altered at the end of the fixed rate period. ANZ will advise you of any change in the interest rate and/or any discount or margin on that rate by public notice, notice in ANZ branches, or by personal letter to you. Outstanding Balance The total amount owing on your loan on a particular day. Repayment schedule This shows how much your loan repayments will be, the number of your loan repayments, how often your loan repayments are to be made, and when your loan repayments are to be made. ANZ may require you to increase your loan repayments if the interest rate for your loan increases, or if you miss any loan repayments. The interest rate applicable to your loan, and your repayment amount, will be confirmed to you shortly after the first drawdown date. No final confirmation letter will be sent out. Security The security for your loan and any other liabilities you may have to ANZ. All and any security held by ANZ now or in the future is to secure all your liabilities to ANZ (whether as principal or Guarantor). ANZ may hold the security until your loan, and any other amounts you owe or any liability you may have to ANZ, are fully and finally repaid or discharged. ANZ may require you to provide such additional security as ANZ may deem necessary. Servicing Account The ANZ account that you nominate as being the account from which your loan repayments are to be automatically deducted. Interest and fees will also charge to this account unless some other arrangement is agreed to in writing. Term of the loan How long your loan is for. Your loan must be fully repaid by the end of this time (unless otherwise agreed in writing by ANZ). The term of your loan begins once your loan or any part of it is drawn down. The term of your loan may be shortened if you are in default of the loan and ANZ exercises its rights of early repayment of the loan (refer to the section of this document entitled ANZ s Right of Early Repayment ). Total Advances The principal amount of your loan plus any other amounts financed under your loan. Type of loan The type of loan you have chosen including whether loan has a fixed or floating interest rate. Note: Your loan agreement has been completed from the information supplied by you. It is ANZ s best estimate of the cost of the loan to you. It does not take into account any possible changes to your loan interest rate, any drawing of the whole or part of the loan on dates different to those specified in the loan agreement as the drawdown date(s), any early repayment or recovery of the whole or part of the loan, or any other alterations to the terms and conditions of your loan that ANZ is entitled to make. * Note: This document refers to ANZ Business and Agri Loan products only. A separate Terms and Conditions document is available for personal loan products. 1
2. Repayments 2.1 Repayments All the repayments that you make to your loan will be deducted automatically from your Servicing Account. If there are insufficient funds in your Servicing Account to meet the loan payment on the agreed date, ANZ may charge default interest and/or a dishonour fee. Where an agreed repayment date falls on a non-business day, the repayment will be debited from your Servicing Account on the following business day but will be effective on the agreed payment date. You will need to ensure that you have sufficient funds available within your Servicing Account to cover the agreed repayment otherwise ANZ may charge you default interest and/or fees until sufficient funds become available. ANZ may deduct any overdue repayments from any of your ANZ accounts. Any overdue repayments must be made on demand. If you become unable to meet your loan repayments, please contact your local ANZ branch immediately. Repayments will be of principal and interest (unless otherwise specified in your loan agreement). Interest on your loan will be calculated on the outstanding balance of your loan at the end of the day based on a 365-day year. The end of the day will be the time of day determined by ANZ from time to time. Interest shall be charged monthly (unless otherwise specified in your loan agreement) to either your Servicing Account or added to your loan. Please note that if you have an interest only loan (whether partially drawn or fully drawn) then any interest will be debited to your Servicing Account and not added to your loan. On the final repayment date and/or when the loan is to be fully repaid, you will be required to pay the balance of the loan outstanding and all other sums then owing to ANZ in connection with your loan. All repayments made in connection with your loan must be in cleared funds without set-off or counter claim and free of any deduction. 2.2 Early repayment You may repay some or all of your loan early provided that: (a) The minimum amount you can repay early is the lesser of $1,000 and the entire loan balance (b) You pay any interest calculated up to the day you repay the loan (c) You must also pay an early repayment administration fee (as set by ANZ from time to time) and, where applicable, an early repayment recovery as set out below, if you have a loan with a fixed interest rate and you do any of the following: (i) You repay some or all of the loan during the fixed rate period (ii) You change the loan to a different loan type or interest rate, including another fixed interest rate. We will treat this change as if you have asked us to repay the loan early and provide a new loan on different terms (iii) You change the repayment date, the frequency or amount of the repayments (iv) You haven t complied with your loan agreement, and we have asked you to repay some or all of your loan early during a fixed rate period. The early repayment recovery may be significant talk to us first The amount of the early repayment recovery isn t the same for everyone. It will depend on: (a) When you repay some or all of the loan early during the fixed rate period (b) How much you owe on the loan, and how much you are repaying early (c) How much wholesale swap interest rates have moved since the start of your fixed rate period. ANZ calculates the loss using wholesale swap interest rates, which are a type of interest rate used by banks and large corporations when they borrow money on the wholesale money market. The wholesale swap interest rates that apply to the loan are available by contacting us. You should talk to us if you are thinking about repaying or changing the loan if it has a fixed interest rate. We can give you an indication of how much you could be charged. How ANZ calculates the early repayment recovery This clause contains a short explanation of the mathematical formulae ANZ uses to calculate the early repayment recovery. The formulae ANZ uses to calculate the early repayment recovery is not the same as that set out under regulations to the Credit Contracts and Consumer Finance Act 2003. However, the amount of the early repayment recovery only compensates us for a reasonable estimate of the loss ANZ suffers when a loan is repaid early. The amount of the early repayment recovery isn t the same for everyone, and could be significant. (a) To calculate an estimate of the loss ANZ suffers when you repay the loan early, ANZ compares: (i) The first amount: all of the scheduled payments and interest charges that would have been made over the remaining part of the fixed rate period using the wholesale swap interest rate that applied when the fixed rate period started, as calculated by us (ii) The second amount: all of the scheduled payments and interest charges that would have been made over the remaining part of the fixed rate period using the wholesale swap interest rate that applies to that remaining fixed rate period when the loan is repaid early, as calculated by us. (b) ANZ adjusts the amounts in clause (a) to recognise that ANZ receives the money now, instead of receiving it as income over the term of the loan. ANZ also takes into account the amount you would have owed on the loan at the end of the fixed rate period. (c) Once ANZ has adjusted the amounts in clause (a), ANZ will charge you the difference between the first amount and the second amount as an early repayment recovery. If the second amount is higher than the first amount, then you will only be charged the early repayment administration fee. 2.3 Additional interest If you do not pay any loan repayment on the date it is due, ANZ may charge additional interest on the overdue amount calculated on a daily basis from the due date to actual payment (both before and after the date of any court judgment made against you). Such additional interest will be at the rates and capitalised at such intervals as determined by ANZ. This additional interest may be deducted from any of your ANZ accounts and must be paid on demand. What is an early repayment recovery? An early repayment recovery is an amount that ANZ charges to recover the loss it suffers when a customer chooses to repay a loan with a fixed interest rate early. 2
2.4 Progressive drawdown loans Interest will be calculated on the outstanding balance of your loan at the end of each day. Until your loan is fully drawn, only interest payments (based on the amount of your loan that has been drawn) will be charged, and will be debited to your Servicing Account. If your loan is a Floating Rate Loan, additional payments over and above your interest payments can be made for no extra charge. Minimum $1000 payment applies. If there are insufficient funds in your Servicing Account to meet the interest charge, ANZ may charge you debit interest and/or fees until sufficient funds become available. Where your agreed payment date falls on a non-business day the interest charge will be debited from your Servicing Account on the following business day, but will be effective on the agreed payment date. You will need to ensure that you have sufficient funds available within your Servicing Account to cover the interest charge otherwise ANZ may charge you debit interest and/or fees until sufficient funds become available. Once your loan is fully drawn, ANZ may require repayments of principal and interest to be commenced immediately. In the event your loan is not being conducted to the satisfaction of ANZ, ANZ may cancel any interest redirection to your Servicing Account and add the interest to your loan instead or require repayments of principal and interest to be commenced immediately. 3. Loan Types 3.1 Fixed Rate Loans From time to time, ANZ offers loans where the interest rate is fixed for a specific period. Currently ANZ offers Fixed Rate loans that roll to Floating on expiry of the fixed rate term. The period during which the interest rate stays the same is noted on the loan agreement that accompanies this document (this is the Fixed Rate Period). The fixed rate period begins once your loan or any part of it is drawn down. The following additional conditions apply to these types of loans: The interest rate prevailing when you (first) draw down your loan will not be altered during the fixed rate period unless you fail to pay any loan payment when it is due to be repaid in which case additional interest shall be payable on the overdue amount At the end of the fixed rate period, your loan interest rate will be reviewed For fixed to floating rate loans, the loan interest rate will change to ANZ s prevailing Floating interest rate at the conclusion of the fixed rate period. Your loan interest rate will then be reviewed from time to time and may be increased, decreased or remain the same at ANZ s option ANZ may charge a Redocumentation Fee if you choose to change from one type of loan to another. ANZ may alter the amount of switching fees from time to time You may make repayments over and above your regular loan repayments within the fixed rate period. The minimum amount you can repay is the lesser of $1000 or the entire loan balance. However, an early repayment recovery and an early repayment administration fee may be payable (refer to the earlier section of this document entitled Early repayment recovery for further details) You may request, prior to the end of the Fixed Rate Period (such request to be in writing), to make an additional repayment over and above your regular loan repayments on the expiry date of one Fixed Rate Period and before commencement of a subsequent Fixed Rate Period. Such an additional repayment will not incur an early repayment fee. 3.2 Floating rate loans If you have a loan with a floating interest rate and ANZ s prevailing floating interest rate increases, ANZ will automatically increase the amount of your loan repayments or the term of your loan. If you have a loan with a floating interest rate and ANZ s prevailing floating interest rate decreases, the amount of your loan repayments will be decreased or the term of your loan will reduce. If you have a Floating Rate Loan you may apply to ANZ to change it to a Fixed Rate Loan. ANZ may charge a Redocumentation Fee if you choose to change from one type of loan to another. ANZ may alter the amount of switching fees from time to time. 3.3 Loans for building The following additional conditions apply when your loan is to finance building work: The loan will only be made available when you provide: A valuer s report (in a form satisfactory to ANZ) from a registered valuer acceptable to ANZ. Loan funds will only be made available at each draw down to the extent that the funds drawn down to date do not exceed Builders and contractors invoices at each draw down A Code of Compliance Certificate before final draw down You must use your own money towards completing the building before ANZ will make any of the loan funds available. ANZ may require evidence that your own money has been used Interest on your loan will be calculated on the outstanding balance of your loan at the end of each day. The end of day will be the time of day determined by ANZ from time to time. Please refer to the section in this document regarding Progressive draw down ANZ may cancel any undrawn portion of your loan and/or require repayments of principal and interest to be commenced immediately if, in ANZ s opinion, there has been unreasonable delay in the building work or in drawing down the loan Once your loan is fully drawn, ANZ may require repayments of principal and interest to be commenced immediately. 4. Terms and Conditions 4.1 ANZ s right of early repayment ANZ may require you to repay immediately the whole of your loan and may cancel the loan or any undrawn portion of the loan, if any of the following situations occur: If you fail to pay, when due, any amount required to be paid to ANZ in connection with this loan If you fail to comply with any of the terms of your loan or you or your Guarantor or your Mortgagor fail to perform any obligation assumed under this agreement, or any other loan, or under any guarantee or security document with ANZ (either present or future) If you, your Guarantor or your Mortgagor are adjudicated bankrupt, or are placed in receivership or voluntary administration or liquidation, or any event occurs which is preliminary or similar to your, your Guarantor s or your Mortgagor s bankruptcy, receivership, administration or liquidation If you, your Guarantor or your Mortgagor are unable to pay, or do not pay, your or their (as applicable) debts as they become due and payable, or become insolvent, or take steps to benefit any of your or their (as applicable) creditors, or your, your Guarantor s or your Mortgagor s financial position, or the value of any securities held by ANZ, changes adversely to a material extent 3
If any other event occurs, whether through your action or otherwise, that: Results in ANZ forming the opinion that you should not be allowed to continue to operate your Loan Account; or Results in ANZ forming the opinion that it may affect your or your Guarantor s or your Mortgagor s: (i) financial condition or business operation; or (ii) willingness or ability to perform any obligations under this agreement, or under any other loan, or under any guarantee or security document with ANZ (either present or future) You will also be required to repay immediately any outstanding interest and fees, including all ANZ s costs and expenses (including legal costs and expenses and any applicable early repayment fee) incurred in exercising, protecting or recovering the loan, and any other amount payable in connection with the loan on a full indemnity basis ANZ may also have the right (amongst other things) to require you to repay immediately your loan in other circumstances, in terms of the security document(s) relating to your loan. 4.2 Trusts Trustee s personal liability If you have signed the Loan Agreement as a trustee (not in your personal capacity) and the Loan Agreement expressly acknowledges that your liability is limited to assets of the trust, ANZ will have no recourse to assets that are not trust assets except for losses incurred by ANZ because: (a) you are in breach of trust; or (b) you lack or lacked the power or authority to enter into any loan agreement or security document in your capacity as trustee; or (c) you have acted dishonestly or there has been wilful default; or (d) you have signed the Loan Agreement in your personal capacity as well as your trustee capacity; or (e) you have breached any one of your warranties and undertakings below. Trustee s warranties and undertakings Each trustee, having signed the Loan Agreement warrants and undertakes to ANZ that: (i) they have the power to enter into the Loan Agreement and to grant any security interest to be given over assets; and (ii) they will remain liable under each loan to which they are a party (subject to the limitation of liability above, if appropriate) after they cease to be a trustee and no longer hold any trust assets until released in writing by ANZ. Recourse to trust s assets ANZ may have full recourse to the assets of the trust and will be subrogated to each trustee s right to be indemnified from those assets or to be indemnified by any other person (including any beneficiary of the trust). 4.3 Partnerships Where the borrower specified in the Loan Agreement is a partnership each partner in the partnership is personally liable for all the partnership s liabilities to ANZ (current and future) on a joint and several basis, so that ANZ may have recourse to each partner s personal assets as if ANZ were a personal creditor of that partner. The death, incapacity or retirement of any partner shall not affect or limit the joint and several liability of that partner and/or each other partner for the obligations under this agreement. 4 Where a partner dies or otherwise becomes incapable of continuing to manage their own affairs, the executor, administrator or successor (as the case may be) to the estate will be required to meet that partner s obligations under this agreement. Where a partner leaves or retires from the partnership, liability for the partnership debts is not extinguished until released in writing by ANZ. You will notify ANZ of the appointment of each new partner and if required by ANZ will have each new partner sign this agreement. 4.4 General conditions 1. The dates for repayments, interest charge dates, repayment instalments, fees and other payments, loan term and all other terms of this agreement, (other than the interest rate for your loan), are subject to amendment from time to time by ANZ at its absolute discretion. The interest rate for your loan is subject to amendment under the terms of the Interest Rate section of your Loan Agreement and as detailed in these terms and conditions. 2. You authorise ANZ to amend the amount of repayments debited by automatic payment authority to any of your accounts, as a result of ANZ amending the term of this agreement. ANZ will advise you of any amendment by either public notice, branch notice or by personal letter to you. All amendments will be determined by ANZ at its absolute discretion. 3. If this loan is made available to more than one person, each person named in the Loan Agreement as Borrower is responsible for the repayment of the whole of the loan and all interest and fees payable in respect of the loan. Each borrower and each Guarantor is jointly and severally liable. 4. Should you die or be otherwise incapable of continuing to manage your own affairs, your executor, administrator or successor (as the case may be) will be required to meet your obligations under this loan. 5. All payment of fees and reimbursements of costs incurred by ANZ relating to this loan and/or any security document are payable by the borrower and may be deducted from any one of your ANZ accounts without notice to you. 6. ANZ may delay taking action within its rights under this agreement, or may choose not to take action at all. Any delay or inaction by ANZ does not mean that ANZ is unable to rely on those rights at a later date and does not prevent ANZ from taking action within its rights under this agreement in the future. No undertaking from ANZ that it will not exercise a right and no variation of this loan agreement will be binding on ANZ unless that undertaking or variation is made in writing. 7. ANZ may, without notice to you, transfer the credit balance of any of your ANZ accounts (whether held for a specific purpose or not, and including without limitation funds held on term deposit) in or towards repayment of any unpaid amount you may owe to ANZ under any loan, or under any security documents. If any amount is contingently due or cannot be measured, ANZ may withhold repayment of the credit balance of any of your ANZ accounts until the amount owing becomes due or can be measured, up to the maximum amount for which you may become liable. This is in addition to any other right of set-off, combination, lien, or other right that ANZ may have. 8. Without prejudice to the terms and conditions of any security document given by you to ANZ, you must pay on demand all costs and expenses incurred by ANZ as a result of the exercise of or in protecting or enforcing or otherwise in connection with any of its rights, powers or discretions under the terms and conditions to which your loan is subject. ANZ s costs and expenses will vary depending on a number of factors, including the complexity of the transaction, but may include legal fees, real estate agent or valuer s fee, substituted service fees, auction fees, taxes and any applicable early repayment charges.
9. Where you are a business (or hold yourself out as acquiring goods and services for the purposes of business) any rights or remedies under the Consumer Guarantees Act 1993 shall not apply in respect of goods or services supplied pursuant to any agreement (including this agreement) between you and ANZ. 10. ANZ may assign its rights under this agreement or any security document to any other party without prior notice or consent and may for that purpose disclose personal information about you to any potential assignee. Any references in this agreement or any security document to ANZ is deemed to be a reference to the successors and assignees of ANZ. You are not permitted to assign your rights or transfer your obligations under this agreement unless ANZ has agreed to this in writing. 11. The other terms of contract to which this loan is subject (other than those implied by law) are those contained in the security documents referred to in your Loan Agreement and any other security document ANZ may now, or in the future, hold in respect to your liabilities and obligations to ANZ on any account, whether granted by you or any Guarantor. If any of the terms and conditions in this document or in your Loan Agreement conflict with the terms and conditions in any security document given by you to ANZ, the terms and conditions of this document and the Loan Agreement will prevail. 12. If any change of any law, or any directive of any relevant authority (whether or not having the force of law), causes or results in any increase in the cost to ANZ in funding the Loan, or any reduction in the effective return to ANZ, you shall, on demand, pay to ANZ amount(s), sufficient to compensate ANZ for such increased cost or reduction in return. ANZ may also cancel and call up the loan when it becomes unlawful or contrary to any regulatory directive (whether having the force of law or otherwise) to fund the loan or allow the loan to remain outstanding. 13. ANZ is not obliged to advance funds where: (a) A default event (as set out in the earlier section of this document entitled ANZ s right of early repayment ) occurs after signing the Loan Agreement but prior to the loan being drawn down; (b) You or any Guarantor have not provided or completed, to ANZ s absolute satisfaction any security document or other condition required by ANZ; (c) You or any Guarantor have not complied fully with the terms of this agreement or any security document. 14. ANZ may from time to time require you to provide information relating to your financial position. This includes, but is not limited to, balance sheets, profit and loss accounts, cash flow statements, financial forecasts or personal statements of assets, liabilities, income and expenditure. 15. You irrevocably and unconditionally indemnify ANZ against any loss or expense which ANZ may sustain or incur as a consequence of the loan not being drawn on the drawdown date or being drawn down on a date other than the drawdown date (including by reason of delay in accordance with clause 13), or as a result of the occurrence of any default event. Further you acknowledge and agree that you may not prepay the whole or any part of a Fixed Rate Loan prior to the due dates for repayment of the loan as set out in your Loan Agreement. If you do prepay the whole or any part of your loan, you agree to pay an early repayment fee to ANZ at the time of such pre-payment (refer to the earlier section of this document entitled Early repayment fee for further details). This indemnity shall survive termination of the loan and shall not be discharged or impaired by an act, omission, matter or thing that might discharge or impair this indemnity but for this clause. 16. ANZ shall have the right to require you at any time during the existence of this loan, to provide such additional security as ANZ (for any reason whatsoever) may deem necessary at its absolute discretion. 17. A certificate by ANZ as to any rate of interest or any amount payable under the terms and conditions to which your loan is subject shall be conclusive evidence for all purposes including legal proceedings. 18. Other than disclosures required to be made under the Credit Contracts and Consumer Finance Act 2003, the time of receipt of which will be determined by that Act, any notices sent by ANZ under the terms and conditions of your loan shall be deemed to have been received by you on the second business day after the date of posting (if sent by letter) or on the date of actual dispatch if that day is a business day (in the case of telex, facsimile or e-mail transmission) to your address and/or telex or facsimile number and/or e-mail address that is the last known to ANZ. If the telex, facsimile or e-mail is dispatched after 4:30pm on a business day (in the place of receipt) or on a non business day, or the next business day (in the place of receipt) then it will be deemed to have been received on the following business day. 5. Personal information Your personal information We take your privacy very seriously. Information you provide to ANZ will be kept strictly confidential and will be securely held by ANZ and/or by companies in the ANZ Group. You have a right to access the information by enquiring at any branch of ANZ and you may also request that it be corrected. A fee may be payable. ANZ will make every effort to keep your personal information up to date. To assist us, please let us know of any changes in your personal details, such as your address. How we use your information will depend on the purposes for which that information was collected. Generally ANZ may use this information to: Consider your application for facilities, products or services; Administer, manage and monitor any facilities, products or services provided to you; Conduct market research, data processing and statistical analysis; and Unless you disagree, provide you with information about other facilities, products or services including certain third party products or services. ANZ may disclose information about you to the ANZ Group, agents or contractors for the above purposes. ANZ may use your personal information for the purpose of data matching and in doing so may collect information about you. Data matching is the process of comparing your personal information with publicly available information and/or with information held by a reputable entity ANZ has an ongoing relationship with in order to better enable us to carry out any of the above purposes. ANZ may disclose your information to carefully selected third parties for the purposes of data matching, provided those third parties are subject to an obligation of confidentiality. ANZ may obtain information and make such enquiries about you as ANZ may consider warranted from any source including the ANZ Group and credit reference agencies for the above purposes. 5
ANZ may disclose information about you to credit reference agencies for the purpose of obtaining credit reports on you. Those credit reference agencies may retain that information and provide it to their customers who use their credit reporting services. If you default in any obligations to ANZ, then ANZ may disclose information about you to credit reference or debt recovery agencies and it may be retained by them. Those agencies may provide that information to their customers who use their credit reporting services. ANZ may also disclose account information to any authorised signatory to your accounts. If you are under 18 years old, ANZ may contact your parent(s)/ guardian(s) to disclose, or to collect, information about you that will help ANZ contact you, or to obtain repayment of any amount you owe ANZ. Our security standards are maintained and our technology regularly updated to provide protection for the information we hold. We do not sell, publish or give away your information. Certain laws also require ANZ to disclose your information on request, for example the Tax Administration Act 1994. If ANZ receives a request from certain agencies to release your information, ANZ may not be able to tell you that the request has been received. ANZ may also disclose information to the police, certain government agencies or other financial institutions where ANZ reasonably believes that the disclosure will assist in the investigation, detection and/or prevention of fraud or other criminal offences, such as money laundering. The ANZ Group is subject to anti-money laundering and terrorist financing legislation in force in New Zealand, Australia and other countries. You agree to provide all information to ANZ Group which it reasonably requires to comply with these laws. Anti-money laundering and terrorist financing legislation in force in New Zealand, Australia and other countries may also prohibit us from entering or concluding transactions which involve certain countries, persons or entities. As a result, you agree that ANZ Group may: Delay or block any transaction, or refuse to pay any money, without incurring any liability; or Disclose any information concerning you or the transaction to the New Zealand Police or Australian Federal Police or any relevant authority in any country in order to ascertain whether the laws in that country apply to a transaction or otherwise in compliance with those laws that aim to prevent or detect terrorist financing or money laundering, in the reasonable belief that the transaction may contravene those laws, and ANZ Group will not incur any liability to you as a result of that action. In this clause, money laundering includes any dealing with the proceeds of criminal activity and any dealing with funds or assets of any person or entity suspected of involvement in terrorism or any terrorist act. A current Disclosure Statement published by ANZ Bank New Zealand Limited may be requested from any branch or agency of ANZ. ANZ Bank New Zealand Limited 10/12 13315 6