KiwiSaver Act 2006

  • not the latest version
70 Unexplained remittances of deductions received from employers

(1)

This section applies if—

(a)

the Commissioner receives an amount (the received amount) from an employer in relation to the amounts deducted by the employer under this subpart; and

(b)

the employer has failed to supply to the Commissioner the particulars required by the Commissioner in relation to those amounts deducted; and

(c)

the Commissioner is unable to ascertain to the Commissioner’s satisfaction, in sufficient time prior to the cut-off day for the making of on-payments to the providers of KiwiSaver schemes, the portion of the received amount attributable to each of the persons from whom an amount was deducted by the employer.

(2)

The Commissioner may, for the purposes of this Part, hold the received amount until the amount attributable to each of the persons from whom an amount has been deducted by the employer has been established to the satisfaction of the Commissioner.

Compare: 1991 No 142 s 149