KiwiSaver application date(s)

List of application dates of amendments to legislation relating to KiwiSaver.

Act

Title of section and section reference

Application date

KiwiSaver-related amendments to the Income Tax Act 2004

  • Exclusion of permitted withdrawals from KiwiSaver schemes and CSFs, new section CS 10B.
  • Amendments to the member tax credit rules, section KJ 2(a).
  • Tax credit amount, section KJ 3.
  • Payment, section KJ 4.
  • Rules, section KJ 5.
  • New or amended definitions of "complying fund rules" (paragraph b), "creditable membership" and "member credit contributions" in section OB 1.

These amendments are treated as coming into force on 1 July 2007.

KiwiSaver-related amendments to the Income Tax Act 2004

  • Contributions to employee's superannuation schemes, new section DC 6(1B).
  • Amendments to the member tax credit rules, sections KJ 6 to KJ 12.
  • Omission of the definition of "salary or wages" in section NE 3(6).
  • New or amended definitions of "complying fund rules", "compulsory employer contribution", "employee's superannuation accumulation", "employer contribution", "PAYE period" and "salary or wages" in section OB 1.

These amendments are treated as coming into force on 1 July 2008.

KiwiSaver-related amendments to the Income Tax Act 2004

  • Repeal of paragraph (a)(ib) in the definition of "superannuation scheme" in section OB 1.

This amendment is treated as coming into force on the date of assent - 19 December 2007.

KiwiSaver-related amendments to the Tax Administration Act 1994

  • Tax credit relating to KiwiSaver and CSF members: member credit form, section 68C.

This amendment is treated as coming into force on 1 July 2007.

KiwiSaver-related amendments to the Tax Administration Act 1994

  • Interpretation: the definition of "tax" amended in section 3(1).
  • Construction of certain provisions, new section 4A(3)(bc).
  • Keeping of business records, section 22 (2)(1).
  • Tax credit relating to KiwiSaver and CSF members: member credit form, section 68C (4).
  • Persons excluded, new section 120B(bb).
  • Deduction of tax from payments due to defaulters, new subsections (h) and (i) in section 157(10).

These amendments come into force on 1April 2008.

KiwiSaver-related amendments to the Tax Administration Act 1994

  • Interpretation: the definition of "civil penalty" amended in section 3(1).
  • Consequential amendments to the Tax Administration Act 1994 as a result of the repeal of section 216:
    • challenging civil penalties, section 138L(2)(ab)
    • knowledge offences, section 143A(5)(g)
    • remission for reasonable cause, section 183A(1)(h)
    • emission in circumstances f qualifying event, section 183ABA(3A)
    • remission consistent ith collection of highest net revenue over time, section183D(1)(bc).

These amendments come into force on 1 April 2009.

Amendments to the KiwiSaver Act 2006

  • Meaning of provider, section 5(1).
  • New or amended definitions of "employer", paragraph (b) in the definition of "independent trustee" and "private domestic worker" in section 4(1).
  • Opt-out: - how to opt out, section 17 - extension of opt-out period, section 18.
  • PAYE intermediaries, new section 23A.
  • Eligibility of employers who have schemes established under master trusts, new subsection (c) in section 28.
  • How to opt in, new subsection (5) in section 34.
  • Commissioner must supply information pack, section 40.
  • Effect of employer choice of KiwiSaver scheme, section 48(1) and (2).
  • Commissioner provisionally allocates certain people to default KiwiSaver schemes and sends investment statement, sections 50(1) and(3).
  • Completion of allocation to default KiwiSaver scheme if person does not choose KiwiSaver scheme, sections 51(4)(a) and 51(5).
  • Involuntary transfer, section 57(3).
  • Initial and confirmed back-dated validation of invalid membership, new subpart 4 of Part 2 (section 59A to D).
  • When subpart 1 of Part 3 does not apply, section 62(c).
  • How subpart 1 of Part 3 applies to private domestic workers, section 63A.
  • Deductions entered in and paid out of holding account, section73(3).
  • Initial contributions stay in holding account for 3 months, sections 75(1) and (3).
  • Small amounts of contributions may be held until big enough to be on-paid, section 77(3).
  • Refund by Commissioner of amounts paid in excess of required amount of deduction or if employee opts out, section 80(1).
  • How subpart 3 of Part 3 applies to private domestic workers, new section 92A.
  • Short payments if not enough employer contribution remitted to cover all employees, section 99(2).
  • Terms relating to members' tax credits implied into trust deed, section 28A.
  • Terms relating to back-dated validation implied into trust deed, section 128B.
  • Duty of Commissioner under section 50 modified in certain cases in which section 210 applies, sections 211(1)(b) and (2).
  • Penalty for employer who fails to provide information, section 215(2)(a).
  • Consent to electronic transactions, new subsection (2) in section 219.
  • Refunds made by direct credit to bank account, section 221.
  • Crown contribution, section 226.
  • Schedule 1, clause 14(2) of the KiwiSaver Scheme Rules.

These amendments are treated as coming into force on 1 July 2007.

Amendments to the KiwiSaver Act 2006

  • Effect of registration of KiwiSaver scheme under section 150, section153(d).

This amendment is treated as coming into force on 1October 2007.

Amendments to the KiwiSaver Act 2006

  • New or amended definitions of "deduction rate", "defined benefit scheme member", "employer", "employer contribution", "employer's superannuation contribution", "KiwiSaver scheme", "PAYE period", "private domestic worker" and paragraphs (a) and (b) in the amended definition of "salary or wages" in section 4.
  • New section 4(2).
  • Application, section 6.
  • Outline, new section 8(6).
  • Temporary employment, section 12.
  • How to opt out, section 17(6).
  • PAYE intermediaries, new section 23A.
  • How to opt in, section 34(5).
  • Obligation to make deductions:
    • general rule, section 66
    • transitional rule, section 66A.
  • Deductions treated as received on 15th of month for interest purposes, section 85.
  • Employer contributions paid via Commissioner, section 93.
  • Short payments:
    • by employers if not enough money remitted to Commissioner to cover all of employees' deductions and employer contributions, new subsection (3)(e) in section 98
    • quantifying short payments for the purposes of Income Tax Act 2007 and Tax Administration Act 1994, new section 98A
    • if not enough employer contribution remitted to cover all employees, section 99.
  • Compulsory employer contributions to KiwiSaver schemes and CSFs, new subpart 3A of Part 3: sections 101A to 101 H.
  • Restrictions on transactions, new section 117A.
  • Requirement for annual report, sections 123(4).
  • Terms relating to lump sum payments by CSFs, new section 128C.
  • Terms relating to compulsory employer contributions implied into trust deed, section 128D.
  • Effect of registration of KiwiSaver scheme under section 150, section 153(d).• Purpose of register, section 158(a).
  • Additional contents of register, section 161.
  • Government Actuary may refuse access to or suspend operation of register, or omit or remove, or restrict public access to, information and documents in register, section 162(2).
  • Amendments to register, section 163.
  • Powers of Government Actuary in event of scheme operating in contravention of this Act, section 169(3).
  • Objections and appeals against decisions of Government Actuary, section 186(5).
  • Duty to give notice to Government Actuary about fee increases, new section 189B.
  • Powers of High Court in relation to unreasonable fees, section 189C.
  • Investment statements must contain responsible investment statement, section 205A.
  • Penalty for employer to fail to make deductions or to incorrectly make deductions, the heading to sections 216, 216(1)(c), 216(2)(a) and 216(4).
  • Clauses 8(8) and 14(2) of Schedule 1 of the KiwiSaver schemes rules and new Schedule 4 of the KiwiSaver scheme rules.

These amendments come into force on 1 April 2008.

Amendments to the KiwiSaver Act 2006

  • Interest on money in holding account, new section 84(3).
  • Failure to pay Government Actuary's duties, section 101I and Commissioner, section 101J.
  • Recovered amounts, section 101K.
  • Application of sections 215 and 216, section 214.
  • Penalty for employer to fail to provide information, section 15(4).
  • Section 216 is repealed.

These amendments are treated as coming into force on 1 April 2009.

Amendments to the KiwiSaver Act 2006

  • Amendments to paragraph (a) in the definition of "independent trustee", section 4(1).
  • Who automatic enrolment rules apply to, section 10.
  • Meaning of new employment, section 11.
  • Effect of opting in by employees, section 36.
  • Employer may choose scheme for employees, section 46.
  • Notification of transfers and requirement to transfer funds and information, section 56(3)(c)(iv).
  • Refund by provider of amounts paid in excess of required amount of contribution, section 81(1).
  • Interest on money in holding account, section 84(2).
  • Interest rate, section 86.
  • Refunds of employer contribution by provider, section 101.
  • Who may apply for contributions holiday, section 102(b)(iii).
  • Refund of initial contributions, sections 113(5) and (6).
  • Further modifications to application of sections 8 to 11 of Superannuation Schemes Act 1989, section 121(3)(a).
  • Requirement for annual report, amended sections 123(5)(a), 125(5)(e) and 123(6).
  • Requirement for annual personalised statement of contributions and accumulations for members, section 125A.
  • Amendment of trust deed governing KiwiSaver scheme, section 29.
  • Duty to notify changes to Government Actuary, section 164(2).
  • Factual description of, or transmission of information about KiwiSaver scheme, not investment advice, section 206.
  • Certain sections of Securities Act 1978 modified in relation to KiwiSaver scheme, section 210(2)(b)(ii).
  • Penalty for employer to fail to:
    • provide information, section 215(3)
    • make deductions or to incorrectly make deductions, section 216(3).
  • Fee subsidies, section 225(2).
  • Crown contribution, section 226(1C) and 226(2B).
  • Regulations relating to mortgage diversion facility, section 229.
  • Regulations relating to compulsory employer contributions, section 230A.
  • Protection from non-compliance: Taxation (KiwiSaver) Act 2007, section 234; and
  • Schedule 1 of the KiwiSaver scheme rules, clauses 2(2) to (5), 4(3), 12(2), 12(3)(a) and 13(1).

These amendments come into force on date of assent - 19 December 2007.

KiwiSaver-related amendments to the Superannuation Schemes Act 1989

  • CSFs, section 34(2).

This amendment is treated as coming into force on 1 April 2007.

KiwiSaver-related amendments to the Superannuation Schemes Act 1989

  • Dealing with applications for CSFs, section 35.

This amendment is treated as coming into force on 1 July 2007.

KiwiSaver-related amendments to the Superannuation Schemes Act 1989

  • The duty to notify changes about CSFs to Government Actuary, new section 37.
  • Form of notice under section 37, new section 38.
  • Duty to give notice to Government Actuary about fee increases, new section 39.
  • Powers of High Court in relation to unreasonable fees, new section 40.

This amendment comes into force on 1 April 2008.

KiwiSaver-related amendments to the Superannuation Schemes Act 1989

  • Matters to be specified in annual report, Schedule 2, new clause1(o)(iv).

This amendment comes into force on 1April 2009.

KiwiSaver-related amendments to the Superannuation Schemes Act 1989

  • Interpretation, new definition of "participation agreement", section2(1).
  • When Government Actuary may approve transfers without consent of members and beneficiaries, section 9BAA.
  • Implied term as to reduction of scheme insurance upon transfer out of CSF, section 9D.

These amendments come into force on the date of assent - 19 December 2007.

  • CSFs, new section 34(3).
  • Transitional provision relating to lodging of participation agreements, section 41.
  • Matters to be specified in annual report, Schedule 2, new clause 1(o).

KiwiSaver Regulations 2006

  • Purpose of annual return regulations, new Regulation 6.
  • Regulation 7 is repealed.
  • Fee subsidy, Regulation 20(4).
  • Mortgage diversion facility, Regulation 21.
  • What scheme provider must do to participate in mortgage diversion facility, Regulation 27.
  • Qualifying person, Regulation 30.
  • Notice, Regulation 31.

These amendments come into force on the date of assent - 19 December 2007.

KiwiSaver-related amendments to the Holidays Act 2003

  • Meaning of ordinary weekly pay, section 8(1)(c)(v).
  • Meaning of relevant daily pay, section 9(1)(c).
  • Meaning of gross earnings, section 14(c)(iii). These amendments are treated as coming into force on 17 May 2007.

These amendments are treated as coming into force on 17 May 2007

KiwiSaver-related amendments to Income Tax Act 2007

  • Exclusion of permitted withdrawals from KiwiSaver schemes and CSFs, section CS 10B.
  • Contributions to employees' superannuation schemes, section DC 7.
  • Tax credits for superannuation contributions, section MK 1.
  • New cross-heading "Tax credits for fund providers", inserted before section MK 2.
  • Eligibility requirements, section MK 2.
  • Payment of tax credits, section MK 3.
  • Amount of tax credit, section MK 4. "Credit given by fund providers, section MK 6.
  • Treatment of tax credits on permanent emigration, section MK 8(2)(a).
  • Tax credits for employers, sections MK 9 to MK 16.
  • Salary or wages, sections RD 5(1)(c)(iv) and RD 5(1)(d).
  • Complying fund rules, section RD 66.
  • New or amended definitions of "compulsory employer contribution", "creditable membership", "employee's superannuation accumulation", "employer contribution", "member credit contributions" and "superannuation scheme" in section YA 1.
  • New Schedule 28 inserted.

These amendments come into force on 1April 2008.

KiwiSaver-related amendments to Income Tax Act 2007

  • Schedule 49.

This amendment is treated as coming into force on 1 November 2007.