KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019

1: Title
This Act is the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the KiwiSaver Act 2006 principal Act 2019-08-27 KiwiSaver Act 2006
4: Section 4 amended (Interpretation)
1: In section 4(1) CYPFA guardian
2: In section 4(1) guardian CYPFA guardian Oranga Tamariki guardian
3: In section 4(1) Oranga Tamariki guardian B
a: appointed by an order under section 110 of the Oranga Tamariki Act 1989 as the sole guardian of B or as a guardian of B in addition to any other guardians of B; or
b: appointed by an order under section 113A of that Act as a special guardian of B; or
c: whose sole guardianship of B arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)﻿(e) of that Act who, on his or her death, was B’s sole guardian)
5: Section 35 amended (Opting in by persons under 18)
1: Replace section 35(3)
3: A person who is 16 or 17 years old with a guardian or an Oranga Tamariki guardian may opt in if the person and 1 of their guardians or Oranga Tamariki guardians jointly contract directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
a: contracting directly with the provider; and
b: 18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
c: opting in under section 34(1)﻿(a).
2: Replace section 35(5)
5: A person who is less than 16 years with an Oranga Tamariki guardian may opt in if 1 of the person’s Oranga Tamariki guardians (independently from the person, and from all other, if any, Oranga Tamariki guardians, guardians, or both, of the person) contracts directly with a provider, in the name of the person. If the provider accepts the person, then the person is treated as—
a: contracting directly with the provider; and
b: 18 years for the purposes of subpart 6 of Part 2 of the Contract and Commercial Law Act 2017; and
c: opting in under section 34(1)﻿(a).
3: In section 35(6) CYPFA Oranga Tamariki
6: Section 59CB amended (Confirmed back-dated validation for those under 18 years at time of enrolment or opt-in)
After section 59CB(9)
10: References in this section to a guardian include an Oranga Tamariki guardian.
7: New section 242 inserted (Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019)
After section 241
242: Protection from non-compliance: KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019
Non-compliance with financial markets legislation, as defined in section 6(1) of the Financial Markets Conduct Act 2013, or the Fair Trading Act 1986 is ignored if the non-compliance results from the enactment of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019 and—
a: the non-compliance does not continue on or after the expiry of the 2-month period that starts on the date of Royal assent of that Act; or
b: the non-compliance relates to a product disclosure statement under the Financial Markets Conduct Act 2013 and the period of the non-compliance ends before the expiry of the 4-month period that starts on the date of Royal assent of the KiwiSaver (Oranga Tamariki Guardians) Amendment Act 2019.