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Investment Statement for Term Investments

Bank of New Zealand Investment Statement for Term Investments
For the Purposes of the Securities Act 1978 this Investment Statement is prepared at 17 March 2009.

Important information
Choosing an Investment Advisor
What sort of investment is this?
Who is involved in providing it for me?
Description of the Bank's activities
How much do I pay?
What are the charges?
What returns will I get?
What are my risks?
Can the investment be altered?
How do I cash in my investment?
Who do I contact with enquiries about my investment?
Is there anyone to whom I can complain if I have problems with the investment?
What other information can I obtain about this investment?


Important information
(The information in this section is required under the Securities Act 1978.)

Investment decisions are very important. They often have long-term consequences. Read all documents carefully. Ask questions. Seek advice before committing yourself.

Choosing an Investment Adviser
An investment adviser must give you a written statement that contains information about the adviser and his or her ability to give advice. You are strongly encouraged to read that document and consider the information in it when deciding whether or not to engage an adviser. Tell the adviser what the purpose of your investment is. This is important because different investments are suitable for different purposes, and carry different levels of risk. The written statement should contain important information about the adviser, including:

  • relevant experience and qualifications, and whether dispute resolution facilities are available to you; and
  • what types of investments the adviser gives advice about; and
  • whether the advice is limited to investments offered by 1 or more particular financial institutions; and
  • information that may be relevant to the adviser’s character, including certain criminal convictions, bankruptcy, any adverse findings by a court against the adviser in a professional capacity, and whether the adviser has been expelled from, or prohibited from joining, a professional body; and
  • any relationships likely to give rise to a conflict of interest.

    The adviser must also tell you about fees and remuneration before giving you advice about an investment. The information about fees and remuneration must include:

  • the nature and level of the fees you will be charged for receiving the
    advice; and

  • whether the adviser will or may receive a commission or other benefit from advising you. An investment adviser commits an offence if he or she does not provide you with the information required.

In addition to the information in this document, important information can be found in current disclosure statement for Bank of New Zealand. You are entitled to a copy of the disclosure statement on request.

Please note that, notwithstanding anything said under the description of "Engaging an investment adviser" set out above, under the Securities Markets Act 1988 an investment adviser, such as your Bank of New Zealand representative, is not required to provide an investment adviser disclosure statement before giving advice in respect of bank term deposits of the kind covered by this Investment Statement.

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What sort of investment is this?
This Investment Statement is provided in relation to Term Investment products offered to the public from time to time by Bank of New Zealand. This includes blackboard and carded Term Investments as well as special offers when these are offered from time to time. It also includes any Term Investments which the Bank has tailored particularly for you. For the purposes of this Investment Statement, these products are referred to as the "Investments" and Bank of New Zealand is referred to as the "Bank".

Products from issuers other than the Bank and products other than Term Investments are not covered by this Investment Statement. If you are in doubt as to whether this Investment Statement applies to your investment please ask the Bank staff member you are dealing with.

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Who is involved in providing it for me?
The issuer and promoter is Bank of New Zealand, whose address is 80 Queen Street, Auckland.

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Description of the Bank’s Activities
Since its establishment in 1861 the Bank has been carrying on the business of banking and financial services in all its aspects in New Zealand and other countries. A comprehensive range of banking and financial services is provided including deposit taking, credit and debit cards, corporate, domestic and multi-currency based lending, dealing in interest rate and foreign exchange products and their derivatives, trade finance, the distribution of life and general insurance, managed funds, KiwiSaver and superannuation products, and the provision of investment advice.

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How much do I pay?
Each Investment has a minimum and maximum sum that can be invested. These can be ascertained by calling 0800 ASK BNZ (287 269), by searching on www.bnz.co.nz or by contacting a BNZ representative. If you wish to make an investment, the principal amount must be paid or transferred in full to any branch, agency or customer contact centre of the Bank. If you are arranging your Investment through an intermediary then you should make arrangements with them for payment to be made to the Bank. The Bank will not accept your Investment until full payment is received.

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What are the charges?
No charges are currently payable by you to the Bank when you make an investment in an Investment. If however, you wish to terminate or partially withdraw a fixed term Investment before its maturity date, then the Bank may either decline your request or charge you for this. This charge will take the form of a change in the interest returns paid to you. Instead of the rate quoted to you when you subscribed for the Investment, you will receive the Bank’s standard per annum rate applying to the period of your Investment up to the date of early withdrawal less an interest adjustment on the amount being withdrawn early. This will be calculated on a daily basis and paid to you at the time of withdrawal. The interest adjustment may vary according to the type of Investment and the amount that is proposed to be withdrawn. In some cases the interest adjustment may result in no interest being payable on the amount being withdrawn before maturity. If, at any time, prior to or during the term of the Investment, you wish to know details of how the interest adjustment in respect an early withdrawal of all or part of your Investment would be calculated and what the adjustment would be, you can contact the Bank and it will be calculated for you. There are no charges for withdrawing from a flexible term Investment prior to the end of the term of the Investment. The Bank may from time to time impose or modify fees and charges relating to the Investments. However, during the term of any particular Investment the Bank cannot introduce any new charges or change the way in which any charge is calculated for that Investment.

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What returns will I get?
The returns payable by the Bank on Investments are available on request and will generally be a fixed interest rate during the term of the Investment plus repayment of the principal invested. If you wish the Bank can inform you of exactly what your returns will be, at the time you make your Investment.

The key factors that will determine your returns will be the interest rate that you agree to invest your money at, the amount of principal you invest, the term of your Investment, and any tax deductions. No amount of returns is quantifiable at the date of this Investment Statement and therefore no such amount can be promised by the Bank in this Investment Statement. However, once the terms and conditions of any Investment (including the principal amount of, and the interest rate applicable to, the Investment) have been agreed between the Bank and you, those terms and conditions will be legally enforceable by you. Taxation is likely to affect your returns. Unless you have supplied the Bank with a copy of your current Certificate of Exemption, the Bank will deduct withholding tax from any interest credited or paid to you.

Unless you hold a current Certificate of Exemption, Resident Withholding Tax will generally be deducted from your returns at the rate prescribed by law. If you are not resident in New Zealand, Non-Resident Withholding Tax may be deducted at the rate prescribed by law. Alternatively, if the Approved Issuer Levy applies to you, this will be deducted instead of Non-Resident Withholding Tax. If your IRD number or personal tax rate has not been supplied, deductions may be made at a rate than is higher than otherwise might apply. You are responsible for advising the Bank of any change to your personal tax rate or "resident" status. Interest is calculated daily and may be payable (less any applicable tax) either at the end of the term of the Investment, annually, six monthly, quarterly or, in some cases, monthly depending on the type of Investment that you choose. If applicable to the type of Investment that you select, you may choose to have your returns compounded within the term. Choosing to compound interest within the term of an Investment may impact on the interest rate for the Investment when compared to the corresponding standard fixed term Investment. If you do not choose to have interest compounded within the term, your Investment will earn simple interest.

The principal you invest will be paid to you at the end of the term of the Investment or you may choose to reinvest it (with or without the interest earned) in a new Investment. If you choose a fixed term you may request access to your Investment prior to maturity. In the case of a fixed term Investment, the Bank is not bound to agree to a request for payment of principal or interest prior to due date. Alternatively, you may choose a flexible term. If you choose a flexible term you will be able to access your Investment prior to the end of the term of the Investment. The interest rate for a flexible term Investment is generally set slightly lower than the rate for the corresponding fixed term investment.

The Bank may also withhold payment of principal and interest after due date if it considers there are reasonable grounds to do so, including on your death or bankruptcy, where there is a third party claim on your account or where you are in breach of any of the Bank’s terms and conditions. When returns are payable then the Bank is legally liable to pay them to you.

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What are my risks?
Investments are low risk investments. The main risks of you not recovering the sum which you paid for the Investment or of not receiving the returns described above are:

  • the insolvency or statutory management of the Bank;
  • the Bank receiving a tax deduction notice in respect of your Investment; or
  • the Bank exercising its rights to combine your accounts or to set off funds held in credit against debts you owe to the Bank.

By law Inland Revenue has the power to collect taxes owing from the Bank’s customers. It can order the Bank to deduct any sum owing by a taxpayer from money the taxpayer has deposited with the Bank. The Bank is obliged to comply with such orders.

Should the Bank become insolvent then certain transactions may be voidable under the provisions of the Companies Act 1993. This may result in you having to forgo or repay any returns you have received from your Investment, including the principal.

Should the Bank be put into liquidation during the term of the Investment, then secured creditors (if any) and those creditors set out in the Seventh Schedule of the Companies Act 1993 will rank ahead of your claim. These relate to liquidator’s fees, some salary and wages and tax payable. Other claims, preferred by statute or law may also rank ahead of you. After the payment of these creditors your claim will rank equally with all others.

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Can the investment be altered?
The Bank may at any time alter its Standard Terms and Conditions for Accounts, and may alter the minimum and maximum amounts payable for the Investments. Once an Investment is made, the specific terms relating to that Investment cannot generally be altered without the agreement of you and the Bank. Additional Investments can however be made at any time on the terms and conditions applicable at that time.

As stated above, the Bank may in certain circumstances agree to the early or partial withdrawal of the Investment (see ‘What are the charges?’ section above for information relating to charges and the Bank’s rights to impose and modify fees and charges for the Investments).

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How do I cash in my investment?
You may apply to cash in the Investment prior to maturity by contacting the Bank. If your investment is a fixed term Investment, the Bank may (at its discretion) decline your request. If it approves your request, the charges referred to earlier in this Investment Statement will apply. Under the law and its terms and conditions the Bank may also exercise its power to combine your accounts and to set-off credit funds against debts you owe to it. The Bank may also terminate your Investment on giving you reasonable notice or if it considers there are reasonable grounds to do so, including on your death or bankruptcy, where there is a third party claim on your account or where you are in breach of any of the Bank’s terms and conditions.

You are not able to sell or transfer the Investment to any other person.

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Who do I contact with enquiries about my investment?
Enquiries about the Investment can be made to any BNZ representative at any branch or agency of the Bank or by phoning 0800 800 468.

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Is there anyone to whom I can complain if I have problems with the investment?
Complaints about the Investment can be made to any Bank of New Zealand representative at any branch or agency of the Bank. The first step is to raise your concern with the person you dealt with initially. They should be able to resolve the majority of problems and will listen to and investigate your concern. If a staff member is unable to resolve your problem on the pot, they will personally follow it up and keep you informed about action being taken on your behalf. If the issue remains unresolved, contact the Area Manager responsible for the branch. They look after a group of outlets in your area and will then take charge of any outstanding issues. Your branch will give you the name, address and phone number of the appropriate manager. In the event the problem is still not resolved to your satisfaction, you should refer your complaint to:

Complaint Resolution
Bank of New Zealand
PO Box 995, Shortland Street, Auckland
Telephone 0800 788 999

Any complaint which reaches this level will receive the personal attention of a member of the Bank’s Complaint Resolutions team. If after raising the matter with the Bank, you are still not satisfied, the option is available to contact the Banking Ombudsman. The Banking Ombudsman has been appointed by all the banks subscribing to the New Zealand Bankers’ Association Code of Banking Practice. As an independent party, the Banking Ombudsman will help reach resolution if this cannot be achieved through the Bank’s own complaints system.

The telephone number of the Banking Ombudsman is 0800 805 950. Any correspondence should be addressed to:

The Office of the Banking Ombudsman
PO Box 10-573
Wellington 6015
help@bankombudsman.org.nz

Bank of New Zealand subscribes to the Code of Banking Practice which sets out the minimum standards for resolving complaints. The Code requires disputes to be resolved as quickly and equitably as possible and that banks will be held accountable to these standards.

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What other Information can I obtain about this investment?
Other information about Investments and the Bank is contained in the Bank’s disclosure statement published under section 81 of the Reserve Bank of New Zealand Act 1989, including in the financial statements contained in that disclosure statement. A copy of this disclosure statement and the Bank’s most recent financial statements can be obtained free of charge from any branch or agency of the Bank and, along with other documents relating to the Bank, are filed on a public register at the Companies Office of the Ministry of Economic Development and are available for public inspection. Other information about the Investment is available from the Bank. Depending upon the product you choose, this may include a brochure and/or fact sheet. A statement and Resident Withholding Tax deduction certificate (if applicable) relating to the Investment will be forwarded to you annually. Around two weeks prior to the Investment maturing a maturity advice will also be sent to you. You may request information about your Investment, such as the balance, from the Bank, from time to time. Copies of the following information are also available from the Bank on request:

  • the Bank’s most recent annual report;
  • the Bank’s most recent disclosure statement (including the Bank’s most recent financial statements); and
  • the most recent Investment Statement for Bank of New Zealand Term Investments.

Requests should be made by telephoning 0800 ASK BNZ (287 269). If you obtain this information by using the Bank’s telephone banking system, a small charge may be payable, otherwise there is no charge. The amount of the charge will depend on the frequency of your use of the telephone banking system. More information on any charge can be ascertained by calling the 0800 number below or by contacting a Bank of New Zealand representative.

You have rights of access to personal information that the Bank holds about you under the Privacy Act 1993. If you wish to make a request, please see the branch where your accounts are held. The Bank may impose a reasonable charge for complying with a request.

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Download our Investment Statement for Term Investment (PDF 69KB).

By operating any of your accounts with us you agree to be bound by our Standard Terms and Conditions.