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KiwiSaver Poua he Oranga

Penalties and disputes

We will work with you to help you meet your KiwiSaver obligations. Where an error does occur, (eg not deducting KiwiSaver contributions) we will issue a reminder. This will be followed by a notice warning you that we may charge you a penalty if you don't meet your obligations in the future.

There are KiwiSaver penalties for:

  • failure to provide information - where you don't provide KiwiSaver information to your employees or to us
  • failure to deduct - where you don't make a correct KiwiSaver deduction when required to do so
  • failure to enrol a new employee eligible for automatic enrolment (unless you are an exempt employer)
  • failure to make compulsory employer contributions.

The penalties are:

  • $50 per month for small employers, and
  • $250 per month for large employers.
  • You will not be penalised if an employee refuses to supply information or supplies false information.
  • You will not be penalised for failure to provide a KiwiSaver employee information pack (KS3) when required if we don't provide the information packs to you on time, as long as you notify us that further packs are required as soon as possible.

In addition, standard tax penalties and knowledge offences apply where either a KiwiSaver employee deduction or compulsory employer contribution is not paid to Inland Revenue or is paid late. This is the same as PAYE deductions where you are subject to late payment penalties, late filing penalties and use of money interest.

Right of review

You can ask us to reconsider any decision we make relating to KiwiSaver membership or contributions. You have 30 working days from the date you are notified of a decision to ask us to reconsider and to provide information in support of your request. We may ask you to provide additional information.

Disputes process

Not all decisions discussed in "Right of review" above can be reconsidered under the KiwiSaver review process. Some of these other decisions can be disputed under our disputes process.