KiwiSaver Regulations 2006

Version as at 1 November 2021

Coat of Arms of New Zealand

KiwiSaver Regulations 2006

(SR 2006/358)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 27th day of November 2006

His Excellency the Governor-General in Council


The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 228 of the KiwiSaver Act 2006, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.


3ATransitional, savings, and related provisions
4Purpose of regulation on exempt employer applications [Revoked]
5Documents must provide supporting evidence with cross-references [Revoked]
5APurpose of regulation on requirements for annual report [Revoked]
5BWhat is required in annual report [Revoked]
6Purpose of annual return regulations
7When annual report must be provided to Government Actuary [Revoked]
8When annual return must be provided to FMA and to what period it must relate
9What is required in annual return
10Purpose of regulations on KiwiSaver fees
11Process for fees assessment by FMA
12Relevant matters for fees assessment by FMA or court
13Purpose of regulations on scheme provider agreements
14Provider must enter into scheme provider agreement with Commissioner before registration
15Scheme provider agreement may be reviewed every 7 years
16Matters that must be covered by scheme provider agreements
17Purpose of regulation on application of Financial Transactions Reporting Act 1996
18What must be treated as reasonable efforts under section 128 of Act
19Fees [Revoked]
20Fee subsidy [Revoked]
21Mortgage diversion facility
22Participation on terms consistent with principles in Act
23Which types of mortgages qualify for participation in mortgage diversion facility
24What member of KiwiSaver scheme must do first to participate in mortgage diversion facility
25What mortgagee must do to participate in mortgage diversion facility
26What member of KiwiSaver scheme must do next to participate in mortgage diversion facility
27What scheme provider must do to participate in mortgage diversion facility
28Termination of participation in mortgage diversion facility
29How regulations affect trust deed
29AMatters that may be treated by Minister as significant breach of instrument of appointment for purposes of section 137(2) of Act
30Qualifying person
32List of life-shortening congenital conditions for purposes of KiwiSaver scheme rules
32Implied term as to no external financial advantages [Revoked]
Gazette Information