"This is a great question, as it highlights a query that is being asked by more and more people as purchasing land and then building a home is becoming increasingly popular.
"In order to qualify for the 'withdrawal for purpose of purchase of first home' as outlined under the KiwiSaver Act you can make a withdrawal if three years or more have passed since Inland Revenue received your first contribution to a KiwiSaver scheme.
"If you qualify then you can withdraw some or all of your savings (excluding the kick-start and the member tax credits)" says Oliver.
So, if you have been in KiwiSaver for at least three years then the contributions you and your employer have made, plus any investment earnings could be available to pay for your first home or buying land to build a house on.
To release your funds for a first home purchase your KiwiSaver provider will need to see:
*A copy of the sale and purchase agreement that shows you are the purchaser.
*An undertaking from your lawyer the sale and purchase agreement is unconditional.
*An undertaking from your lawyer that the withdrawn KiwiSaver funds will be paid to the seller as part of the purchase price or repaid to your KiwiSaver provider if the sale does not got through.
"While you rightly point out that you currently only own land, and not a home, unfortunately the KiwiSaver Act outlines that you must never have owned a home or land before in order to be eligible under the first home withdrawal criteria," Oliver says.
"There are some exceptions around the land ownership being in a bare trustee or leasehold structure, but based on the way you phrased your question it suggests you haven't set up your assets in this sort of structure."
There are options to access KiwiSaver funds if you have previously owned a home but no longer do, haven't tapped your KiwiSaver for house-buying assistance previously and are in the same financial position as a first-home buyer.
The criteria are tougher and Housing New Zealand, who administers the KiwiSaver withdrawal for previous homeowners, will run through a checklist to assess your financial position.
The "second chance" option is only available to those on a lower income with limited assets.
The Housing New Zealand website - www.hnzc.co.nz - is the best source of information on whether you are eligible to withdraw some of your KiwiSaver funds when you've owned a house before.
Housing New Zealand also run the first home deposit subsidy and Welcome Home loans, which are both aimed at helping individuals and couples on lower incomes into their first home.
Right, back to your original question about the Australian-sourced funds and it isn't good news.
"I hate to deliver a blow to your plans to build in Christchurch, but savings transferred to KiwiSaver from an Australian complying superannuation fund cannot be withdrawn under this withdrawal type either," says Oliver.
Under the current rules those Australian-sourced funds will be available to you at 60 rather than the New Zealand retirement age of 65, but you won't be able to use that money to buy a house or land.
*Disclaimer: Information provided is stated accurately to the best of the respondent's knowledge at the time of publication.
It is general in nature and should not be construed, or relied on, as a recommendation to invest in a particular financial product or class of financial product. Readers should seek independent financial advice specific to their situation before making an investment decision.
To have your KiwiSaver questions answered by the NZ Herald's panel of industry players email Helen Twose, helentwose@gmail com.
