The NZPFU has instructed specialist legal support for advice on the Kiwisaver employer compulsory contributions issue.

Last week FENZ emailed 592 members setting out a requirement to agree to one of three options by 22 July 2024.  The NZPFU has advised members not to make any chances to their Kiwisaver status until they had received advice on the issue and options going forward.

The previous national notice which also has a copy of the letter can be read here.

The NZPFU had asked FENZ for their legal advice, or at least the basis for their actions,  but FENZ has refused to do so. 

The NZPFU’s Barrister has written to FENZ today requesting the deadline of 22 July be delayed until mid-August so advice can be provided to affected members so they can properly consider their options going forward.  Once we have received that advice we will ensure members are informed.  

The NZPFU has also requested advice on the liabilities as a result of the non-compliance.

The NZPFU also asked FENZ for the documentation provided to IRD when FENZ “self-reported” and we were surprised with the response “there are no documents to share”. 

In addition, the NZPFU has notified of breaches of good faith as when we were told of the self-reporting to IRD there was no indication that any action was being taken prior to FENZ receiving advice from IRD and we were not told of the options going forward or that FENZ was writing to members with those options and a deadline of 22 July 2024.   This is a breach of the obligations to act in good faith where the parties are not to do anything to, or likely to mislead or deceive, and requires the parties to be responsive and communicative to establish and maintain a productive employment relationship.

In unity,
Wattie Watson
National Secretary