So you’ve gone unconditional and the finish line of settlement day is just around the corner—congratulations!
But before you get to collect those keys and start replacing the kitchen splashback, you’ve got one more meeting with one of our lovely staff at Wakefields Lawyers: your pre-settlement signing session. You can think of this as the grand finale of the paperwork phase. We’ve put together this guide to walk you through all the documents you may have to sign, so you’ll know exactly what to expect. Let’s get into it!
Making it Official with the Bank: Bank Documentation
If you’re getting a mortgage to help with the purchase, this is where the magic happens. You’ll have some loan documents from your lender to sign. We will have already sent these to you (as is required through disclosure), but if you’ve had a read through and are still a little bit confused, no worries—it’s our job to go through them together and explain them in detail. We’ll double check everything from interest rates to repayment details and hardship solutions, ensuring you’re 100% comfortable and informed of everything before you sign on the dotted line.
Your Sidekick Acknowledgement: Mortgagors Acknowledgement
As part of your lending, Wakefields had two hats to wear: one where we are on your team and acting in your best interests, and the other where we have a duty to the bank to make sure their investment (ie, your new purchase) is safe. This document is just you saying, “I understand that Wakefields has my back, and they also have the bank’s back too”.
Teaming Up: Co-Ownership Instructions
Are you buying the property with a partner, family, or friend? Nice! This document is where you decide on your ownership “team structure”. The two most popular options are Joint Tenants and Tenancy in Common.
Joint Tenancy: This is where you and your co-owner/s are a single unit, and own the property together in equal shares. If one owner passes away, their share automatically goes to the surviving owner (this is called “transmission through survivorship”). This is the most common choice for couples, as well as being the only option for trustees.
Tenancy in Common: This where each owner has their own defined slice of the property pie. This is dependent on your wishes so this could be 50/50, 70/30, or any other way you’d like to cut it! If an owner passes away, their share is passed on according to their Will (so it is very handy to also have your wills in place when making any big life change like purchasing a property). This is a good option for business partners or friends buying together.
Choosing the right structure is a big deal, especially for your future plans, so we’ll make sure you pick the perfect fit!
The Digital Handshake: Authority & Instruction (A&I) Form
Welcome to the wonderful world of Landonline —the secure online system where almost all property transfers in New Zealand are registered. The A&I form is your digital golden ticket – it gives Wakefields the power to complete the transaction on your behalf.
With this form, you are giving us the green light to officially transfer the property title into your name and (if applicable) register your mortgage with the bank.
To make sure we comply with Land Information New Zealand (LINZ), we will need to verify your ID (like a passport or driver’s licence). And if this hasn’t already been collected by our AML Compliance Officer, this is also a good time to provide us with your Proof of Address document (such as a power, rates or water bill connecting you to a property).
The IRD Strikes Back: Land Transfer Tax Statement (LTTS)
This one is a must-do for every property transaction in New Zealand from both the buyer (transferee) and seller (transferor). This is where you provide some basic tax information, like your IRD number, citizenship status, and whether your new place will be your main home.
This form then gets sent to LINZ, who then passes it along to Inland Revenue who keep track to check that everyone’s playing by the right tax rules.
Your “Ticket to Own”: Overseas Investment Office (OIO) Form
Regulated by the Overseas Investment Act 2005 and as the name suggests, this form is just you declaring that you’re eligible to own property in New Zealand. We like to think of it as you being cleared for landing in the Aotearoa property market!
The Good, the Bad, and the Insured: The Insurance Certificate
While you don’t sign this one, it is super important. If you have a mortgage, your lender will need proof that your new home is insured from settlement day onwards. This protects you and the bank. Just make sure your insurance certificate lists your lender as an “Interested Party” and you’re good to go!
Assembling the A-Team: For the Trusts & Companies
Buying through a trust or company? No problem! We will just need a little extra paperwork to show your whole team is on board:
For Trusts: A resolution signed by all trustees confirming they approve the purchase and, if applicable, mortgage.
For Companies: A resolution from the directors giving the transaction the official thumbs-up. Fun fact: a company can even be a joint tenant with another person!
The Grand Finale: Your Financial Statement
Congrats you’ve made it to the end of the signing portion! While you rest your hand, we’ll show you a clear breakdown of all the finances for settlement day. A preliminary reconciliation statement shows all the money coming in (like your deposit, mortgage funds, Kiwisaver, other personal contributions) and all the money going out (the purchase price, our legal fees, etc.).
This will give you the final figure needed to complete the purchase, so you’ll know exactly what is left to pay and to be transferred into the Wakefields Trust Account prior to settlement.
Progress to Go
And that’s it! Once you’ve had this meeting, unless there’s any other homework we’ve given you like confirming there’s no issues with the pre-settlement inspection, all that’s left for you to do is sit back, relax, and start counting down the hours until you get the keys to your brand-new home!
Finished this blog and still have a few questions? Whether it’s about some of the info in this blog or any other step in the world of conveyancing, feel free to get in contact with an experienced team member at Wakefields Lawyers today. You can phone us on (04) 970 3600, email info@wakefieldslaw.com, or pop into one of our offices located in Wellington, Paraparaumu, Waikanae, Ōtaki, Levin, Foxton (or even a home visit if you say please!).