Investor summary reports

1.1 The investor reports and any other material or content (together, the material) available from the Investor Reports web page accessed through this web page (the Website) is of a general nature only and does not contain financial, investment, tax, accounting or legal recommendations or advice. The information is not to be relied upon as being accurate, complete or up to date. All information is subject to change without notice. ANZ Bank New Zealand Limited and its subsidiaries (including, without limitation, ANZ New Zealand (Int'l) Limited) (together, ANZ New Zealand) recommends that before making any investment decision or otherwise acting upon information contained or referred to in, or accessed from, the Website, investors should seek independent professional advice that takes into account their financial situation, investment objectives, particular needs and/or other personal circumstances.

1.2 Nothing contained or referred to in, or accessed from, the Website is, or is to be construed as, an offer of or invitation, inducement, solicitation or recommendation to subscribe for, underwrite or purchase notes, securities or other financial products (including, but not limited to, any covered bonds issued by ANZ New Zealand) (together, Securities) in any jurisdiction in which such offer is or may be prohibited, restricted or subject to any requirement for filing, registration, authorisation, licence or consent. Neither the Website nor the material will form the basis of any contract or commitment whatsoever. No sale of any Securities described, or referred to, on the Website will occur in any jurisdiction in which such offer, invitation, inducement, solicitation, recommendation or sale would be unlawful.

1.3 The material is intended for use by authorised users only and may not be published, copied or distributed to any other person.

1.4 You will not engage in any activities related to the Website that are contrary to applicable law or regulation or the terms of any agreement between you and ANZ New Zealand.

1.5 You must comply with any proprietary notices or copyright information on the Website.

The material on the Website is for distribution only to such persons, and in such circumstances, as may be permitted by applicable law, regulations and directives in all applicable jurisdictions, including the jurisdiction in which a person may be located (each a Permitted User). The material may not be published, copied or distributed to any other person.  Each person accessing the Website confirms that they are a person who is entitled to do so under all applicable laws, regulations and directives in all applicable jurisdictions.  

Without limitation to the foregoing: 

The material available on the Website is for distribution only:

(a) to persons who are wholesale investors as that term is defined in clauses 3(2)(a), (c) and (d) of schedule 1 to the Financial Markets Conduct Act 2013 of New Zealand (the FMC Act), being a person who is: (i) an investment business; (ii) large; or (iii) a government agency, in each case as defined in schedule 1 to the FMC Act; and 

(b) in other circumstances where there is no contravention of the FMC Act, but (without limiting paragraph (a) above) excluding any eligible investor (as defined in the FMC Act) or any person that meets the investment activity criteria specified in clause 38 of schedule 1 to the FMC Act.

The material available on the Website is intended for distribution to professional investors only and not to recipients to whom an offer to sell or issue or the solicitation of an offer to buy or acquire Securities requires disclosure in accordance with Part 6D.2 or Chapter 7 of the Corporations Act 2001 (Cwlth) (Corporations Act) or is a retail client as defined for the purposes of section 761G of the Corporations Act. Without limiting the preceding paragraph, no prospectus nor other disclosure document (as defined in the Corporations Act) in relation to any Securities has been or will be lodged with or registered by the Australian Securities and Investments Commission or the Australian Securities Exchange Limited or any other stock exchange licensed under the Corporations Act. No target market determination has been or will be made for the purposes of Part 7.8A of the Corporations Act.

If you are a retail client within the meaning of section 761G of the Corporations Act (e.g. you are not a professional investor in securities) or we would be required to provide you with a regulated offer document in relation to any offer that we may make to you, you should not access the Website.

Any document distributed in Japan is distributed by ANZ Securities (Japan), Ltd. (ANZSJL), a subsidiary of Australia and New Zealand Banking Group Limited.  In Japan, the material available on the Website is only for distribution to professional investors (tokutei toshika) within the meaning of Article 2, Paragraph 31 of the Financial Instruments and Exchange Act of Japan (Act No. 25 of 1948, as amended). ANZSJL is a financial instruments business operator regulated by the Financial Services Agency of Japan (Registered Number: Director of Kanto Local Finance Bureau (Kinsho), No. 3055) and is a member of the Japan Securities Dealers Association (Level 31, Marunouchi Building, 4-1 Marunouchi, 2-chome, Chiyodaku, Tokyo 100-633, Japan).

The communication of the material available from the Website is exempt from section 21 of the UK’s Financial Services and Markets Act 2000 (as amended, the FSMA) on the communication of invitations or inducements to engage in investment activity on the grounds that it is being distributed only to, and is directed only at, investors who are: (a) professional investors as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the Financial Promotion Order), who are sufficiently expert to understand the risks involved in investments and whose ordinary business activities involve them in investing; (b) high net worth companies as defined by Article 49(2)(a) to (d) of the Financial Promotion Order; and (c) any other persons to whom it may otherwise lawfully be made under the Financial Promotion Order (all such persons together being referred to as relevant persons). The investment opportunities to which the material available from the Website relates is available in the UK only to and will be engaged in only with, relevant persons. Any person in the UK that is not a relevant person should not act or rely on the Website or any of its contents. Accordingly, the material is not being distributed to, and must not be passed on to, the general public in the UK.

The material available from the Website is not directed at any retail investor in the UK.  Securities described or referred to on the Website are not intended to be offered, sold or otherwise made available to, and should not be offered, sold or otherwise made available to, any retail investor in the UK. For these purposes, a retail investor means a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of domestic law of the UK by virtue of the European Union (Withdrawal) Act 2018, as amended (the EUWA) and by regulations made under the EUWA; (ii) a customer within the meaning of the provisions of the FSMA and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97 (the Insurance Distribution Directive), where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of domestic law in the UK by virtue of the EUWA and the regulations made under EUWA; or (iii) not a qualified investor as defined in Article 2 of Regulation (EU) 2017/1129 as it forms part of domestic law in the UK by virtue of the EUWA. Consequently, no key information document required by Regulation (EU) No 1286/2014 as it forms part of domestic law by virtue of the EUWA (the UK PRIIPs Regulation) for offering or selling any Securities as described on the Website or otherwise making them available to retail investors in the UK has been prepared and therefore offering or selling any Securities or otherwise making them available to any retail investor in the UK may be unlawful under the UK PRIIPs Regulation.

The material available on the Website is not directed at, and no Securities will be offered, sold or otherwise made available to, any retail investor in the European Economic Area (the EEA). For these purposes, a retail investor means a person who is one (or more) of: (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, MiFID II); or (ii) a customer within the meaning of the Insurance Distribution Directive, where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II; or (iii) not a qualified investor as defined in Regulation (EU) 2017/1129, as amended. Consequently, no key information document required by Regulation (EU) No 1286/2014 (as amended, the PRIIPs Regulation) for offering or selling any Securities as described on the Website or otherwise making them available to retail investors in the EEA will be prepared and therefore offering or selling any Securities or otherwise making them available to any retail investor in the EEA may be unlawful under the PRIIPs Regulation. If you are a retail investor, you should not access the Website nor act upon the material contained on the Website. 

The Website and the material available from the Website is only for investors who are (1) outside the United States and who are not, and are not acting for the account or benefit of, U.S. Persons (as defined in Regulation S under the Securities Act of 1933 as amended (the Securities Act)) in compliance with Regulation S; or (2) a qualified institutional buyer (as defined in Rule 144A under the Securities Act), and may not be transmitted, copied or otherwise distributed, directly or indirectly, to persons who are not described in clauses (1) or (2). If you are not a person that meets the foregoing description, you may not access the Website or read or consider the material available from the Website. 

NO SECURITIES OF THE BANK OR ITS SUBSIDIARIES HAVE BEEN, OR WILL BE, REGISTERED UNDER THE SECURITIES ACT, OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES.  SUCH SECURITIES MAY NOT BE OFFERED OR SOLD, DIRECTLY OR INDIRECTLY, WITHIN THE UNITED STATES OR TO OR FOR THE ACCOUNT OR BENEFIT OF U.S. PERSONS, EXCEPT IN CERTAIN TRANSACTIONS EXEMPT FROM OR NOT SUBJECT TO THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND APPLICABLE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES. ANY INVESTMENT DECISION TO PURCHASE ANY SECURITIES IN THE CONTEXT OF A PROPOSED OFFERING, IF ANY, SHOULD BE MADE ON THE BASIS OF ANY APPLICABLE FINAL TERMS OR PRICING SUPPLEMENT, THE TERMS AND CONDITIONS OF THE SECURITIES AND THE INFORMATION CONTAINED IN THE APPLICABLE OFFERING MEMORANDUM PUBLISHED IN RELATION TO SUCH OFFERING AND NOT ON THE BASIS OF THE WEBSITE OR THE MATERIAL AVAILABLE FROM THE WEBSITE, WHICH DOES NOT CONSTITUTE OR FORM PART OF AN OFFER OR SOLICITATION OF AN OFFER TO PURCHASE OR SUBSCRIBE FOR ANY SECURITIES IN THE UNITED STATES OR ANY OTHER JURISDICTION.

Unauthorised use of the Website or the material or misuse of any material available from the Website is strictly prohibited.

The Website and the material may contain various forward-looking statements or opinions, including statements and opinions regarding ANZ New Zealand’s intent, belief or current expectations with respect to its business operations, market conditions, results of operations and financial condition, capital adequacy, sustainability objectives or targets, specific provisions and risk management practices. Those matters are subject to risks and uncertainties that could cause the actual results and financial position of ANZ New Zealand to differ materially from the information presented herein.

When used on the Website and in the material, the words ‘forecast’, ‘estimate’, ‘goal’, ‘target’, ‘indicator’, ‘plan’, ‘pathway’, ‘ambition’, ‘modelling’, ‘project’, ‘intend’, ‘anticipate’, ‘believe’, ‘expect’, ‘may’, ‘probability’, ‘risk’, ‘will’, ‘seek’, ‘would’, ‘could’, ‘should’ and similar expressions, as they relate to ANZ New Zealand and its management, are intended to identify such forward-looking statements or opinions. Those statements and opinions are usually predictive in character; or may be affected by inaccurate assumptions or unknown risks and uncertainties; or may differ materially from results ultimately achieved. As such, these statements and opinions should not be relied upon when making investment decisions. These statements only speak as at the date of publication and no representation is made as to their correctness on or after this date. There can be no assurance that actual outcomes will not differ materially from any forward-looking statements or opinions contained in the reports. 

ANZ New Zealand does not undertake any obligation to publicly release the result of any revisions to these forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

None of ANZ New Zealand or any of its directors, employees, independent contractors, agents, advisers or third party data providers (together, the ANZ Persons) make any representation or warranty as to the accuracy, completeness, currency or reliability of the material contained in or accessed through the Website, subject to applicable laws.

To the maximum extent permitted by law, ANZ New Zealand and the ANZ Persons do not accept any responsibility or liability for any direct or indirect loss or damage (howsoever occurring) arising from the use of or reliance on the Website or the material, or from access to the Website by any person not authorised to do so, or otherwise arising in connection with the Website or the material, including, without limitation, any liability arising from fault or negligence on the part of ANZ New Zealand or the ANZ Persons.

Without limiting the above, ANZ New Zealand will under no circumstances be liable to you or any third party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if ANZ New Zealand has been advised of the possibility of such damages.

Nothing in this clause 4 shall limit or exclude liability of ANZ New Zealand or the ANZ Persons that may not be limited or excluded under applicable law and regulation.

By proceeding to access the Website, you agree that the limitations and exclusions set out in this clause 4 are reasonable, having regard to all the relevant circumstances and the relevant level of risk associated with your obligations under these Terms of Use.

The Website and the material are not intended to be, and should not be, relied upon as advice to investors or potential investors. 

The material does not take into account the investment objectives, financial situation or needs of any particular investor, which should be considered, with or without professional advice, when deciding if an investment is appropriate.  Neither the Website nor the material constitute financial product advice.

ANZ New Zealand makes no representation or warranty (express or implied) as to, and no reliance should be placed on, any information or representation contained in or available from the Website or the material (including, without limitation, projections, estimates, targets and opinions) and no responsibility or liability whatsoever is accepted as to any errors, omissions or misstatements.  

These Terms of Use will be governed by, and construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.