Lock-up vs liquid: why a KiwiSaver cornerstone could change

Financial services sector participants are weighing up the pros and cons of tweaks to regulation which could potentially pave the way for more KiwiSaver investment in private assets like unlisted infrastructure or private businesses, with the government now considering submissions on a range of options.

One of those would allow KiwiSaver providers to opt out of "portability" requirements for funds so long as their intentions are clearly laid out in the provider’s PDS. Providers could then use liquidity management tools such as side-pocketing or redemption gates and withdrawal limits to allow for investment of funds in private assets which generally have longer horizons of 5-10 years.

“The trade-off here is that by essentially locking-up assets, either through what they call side-pocketing or redemption gates, by allowing that, you're eroding the simplicity of KiwiSaver and potentially risking a little bit of loss of public confidence,” says Buddle Findlay Senior Associate Andrew Suggate, who specialises in financial services law.

“The ability to take it out, to buy a home, if it's your first home, or to transfer it to another fund you like better, that makes people feel like they've still got control over it.