Our investigation
We found the bank did not make any error or breach any obligation in processing his application. KiwiSaver scheme rules require a member to submit, among other things, “proof of the member’s departure from New Zealand”, which includes evidence of confirmed travel arrangements. Given Jamal had given the bank a statutory declaration saying he had permanently moved from New Zealand and did not intend to return, it was reasonable for the bank to assume Jamal was residing in Fiji. Requesting a copy of evidence of a return trip to Fiji was part of the mandatory evidence requirement.
As for the bank’s decision to reject his application, KiwiSaver members can apply to withdraw their KiwiSaver if they emigrate permanently. Jamal returned to New Zealand for jury duty In October 2023, but remained until at least August 2024 – almost a year later. In those circumstances, he no longer met the permanent emigration requirements of the legislation. Jamal said he returned to New Zealand to avoid penalties for failing to respond to jury duty, but this did not explain his need to be in New Zealand for almost a year. Besides, he could have applied to be excused from jury duty on the ground he lived outside the jury district.
Outcome
We did not uphold the complaint in a decision.
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