KiwiSaver Act 2006 No 40 (as at 06 October 2009), Public Act

228 Regulations
  • The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

    • (a) prescribing forms for the purpose of this Act, and prescribing—

      • (i) specified information or documents to be included or attached to forms:

      • (ii) forms to be signed by specified persons:

    • (b) prescribing requirements with which documents that are sent, given, or delivered must comply (including documents sent, given, or delivered for registration) and prescribing information that must be included in any notice given under this Act that is in addition to the information specified in this Act:

    • (c) prescribing fees payable to the Commissioner or the Government Actuary in respect of any matter under this Act or the manner in which fees may be calculated:

    • (d) prescribing procedures, requirements, and other matters for the KiwiSaver schemes register, including matters relating to—

      • (i) the operation of that register:

      • (ii) access to that register:

      • (iii) the location of, and hours of access to, that register:

    • (e) recognising specific foreign superannuation schemes or classes of specific foreign superannuation schemes that are based in named countries as schemes to which funds can be transferred on permanent emigration under the provision implied by clause 14 of the KiwiSaver scheme rules:

    • (f) prescribing circumstances for the purposes of clause 8(3)(a) of the KiwiSaver scheme rules or prescribing who is a qualifying person for the purpose of clause 8(3)(c)(ii) of the KiwiSaver scheme rules:

    • (g) prescribing requirements in relation to annual returns for the purposes of section 125, including the date by which the return must be provided and the 12-month period to which it must relate (by reference to annual dates):

    • (h) prescribing the maximum number of persons that the Minister may appoint under section 177:

    • (i) specifying information that must be contained in the instrument of appointment referred to in section 177:

    • (j) prescribing the information or matters that must be included in the information packs referred to in Part 2:

    • (k) providing for operational matters and electronic compatibility between the Commissioner and all or any class of providers, including—

      • (i) requiring the Commissioner and all or any class of providers to sign scheme provider agreements before registration of a scheme as a KiwiSaver scheme; and

      • (ii) providing for the updating of those agreements after registration; and

      • (iii) specifying the matters that may be required to be covered in all or any of those agreements:

    • (m) providing for fees or charges that must be treated as fees for the purposes of this Act:

    • (n) providing for the payment of fee subsidies in respect of members, or classes of members, of KiwiSaver schemes, and the setting of those fee subsidies or the manner in which those fee subsidies may be calculated (which may include mechanisms for capping fee subsidies):

    • (o) providing for when fee subsidies referred to in paragraph (n) may or will be paid, and terms and conditions relating to payment and to the application of those contributions and subsidies, and how those terms and conditions may be enforced:

    • (p) prescribing matters that are relevant to a determination or consideration as to whether a fee is unreasonable for the purposes of clause 2 of the KiwiSaver scheme rules or section 127:

    • (q) prescribing circumstances in which the purchase of an estate in land enables a withdrawal under clause 8 of the KiwiSaver scheme rules:

    • (r) prescribing matters that may be regarded as matters from which significant financial difficulties have arisen for the purposes of clause 11 of the KiwiSaver scheme rules:

    • (s) prescribing what must be treated as reasonable efforts for the purposes of section 204:

    • (t) exempting any person or class of persons or any transaction or class of transactions from compliance with any or all of the provisions of the Securities Act 1978 or the Securities Regulations 1983 in connection with any or all KiwiSaver schemes:

    • (u) varying any requirements of regulations made under the Securities Act 1978 in relation to investment statements of KiwiSaver schemes or providing for additional requirements to those contained in regulations made under the Securities Act 1978 in relation to investment statements of KiwiSaver schemes:

    • (v) providing for any matters that are necessary for the administration of regulations made under paragraph (h) or (i) by the Department:

    • (w) providing for any transitional or savings matters concerning the coming into force of this Act:

    • (x) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.