New Zealand Acts New Zealand Actsss 8A, 220
History: Schedule 6 heading: replaced, on 30 March 2013, by section 43(2) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
History: Schedule 6 Part 1 heading: inserted, on 30 March 2013, by section 43(2) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
The provisions of this schedule apply despite—a) sections 225 and 226(2) and (3) :b) anything to the contrary in this Act.
1 The Student Loan Scheme Act 1992 (and all relevant regulations made under that Act) continues in effect only to the extent necessary for the proper administration and completion of the matters referred to in clauses 24 to 28 relating to the tax year ending on 31 March 2012 and all earlier tax years.
2 All obligations or requirements in relation to a matter referred to in subclause (1) relating to the tax year ending on 31 March 2012 or an earlier tax year continue to apply, even if that obligation or requirement arises on or after 1 April 2012.
3 Any action that is taken in relation to a matter referred to in subclause (1) relating to the tax year ending on 31 March 2012 or an earlier tax year must be taken under the Student Loan Scheme Act 1992, even if that action is taken on or after 1 April 2012.
History: Schedule 6 clause 2 heading: replaced, on 1 April 2020, by section 80(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5). Schedule 6 clause 2(1): amended, on 1 April 2020, by section 80(2) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5). Schedule 6 clause 2(2): amended, on 1 April 2020, by section 80(3) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5). Schedule 6 clause 2(3): amended, on 1 April 2020, by section 80(3) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 The purpose of this clause is to ensure that the substantive effect of the provisions of the Student Loan Scheme Act 2011 (Transitional Provisions) Regulations 2012 continues, including beyond 1 April 2015, in respect of borrowers to whom those regulations applied before they were revoked by section 53 of the Student Loan Scheme Amendment Act 2013.
2 This clause applies if—a) a person became a borrower under the student loan scheme for the first time in the period starting on 1 January 2012 and ending on the close of 31 March 2012; orb) a person is a person to whom all of the following apply:i) the person had been a borrower under the student loan scheme before the 2011–2012 tax year; andii) the person fully repaid his or her loan before the start of the 2011–2012 tax year; andiii) the person again became a borrower under the student loan scheme in the period starting on 1 January 2012 and ending on the close of 31 March 2012.
3 Despite clause 2 , any other provision of this Act, and anything in the Student Loan Scheme Act 1992 ,—a) the Commissioner must refrain from collecting the amount that the Commissioner assesses, under section 15 of the Student Loan Scheme Act 1992 , as the borrower's repayment obligation for the 2011–2012 tax year; andb) the amount that the Commissioner refrains from collecting under paragraph (a) is not written off and remains part of the borrower's loan balance.
History: Schedule 6 clause 2A: inserted, on 30 March 2013, by section 43(3) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
1 The loan manager must provide the Commissioner with any information held by the loan manager about a borrower or a loan advance—a) that the loan manager would have to notify the Commissioner of under sections 10, 16, and 17 if those sections applied to the borrower or the loan advance; andb) if the Commissioner requests that information.
2 A request under subclause (1) may relate to particular borrowers or loan advances, or to a class (however defined) of borrowers or loan advances.
1 Subclause (2) applies to any interest imposed in relation to a borrower under the Student Loan Scheme Act 1992 before the borrower's loan balance is transferred to the Commissioner for collection in accordance with section 4 of that Act .
2 The Commissioner may, at his or her discretion, write-off the interest.
1 Subclause (2) applies to any amount (
"specified amount A" ) that—a) must be paid or repaid in accordance with the Student Loan Scheme Act 1992 on or before 31 March 2012; andb) has not been paid or repaid on or before the close of 31 March 2012; andc) has not been decreased, reduced, or written off by the Commissioner.
2 On 1 April 2012, specified amount A must be treated as being part of a borrower's unpaid amount for the purposes of this Act.
3 Subclause (4) applies to any amount (
"specified amount B" ) that,—a) in accordance with this schedule, must be paid or repaid in accordance with the Student Loan Scheme Act 1992 on or after 1 April 2012; andb) is not paid or repaid on or before its due date; andc) is not decreased, reduced, or written off by the Commissioner.
4 At the time when this Act applies to it, specified amount B must be treated as being part of a borrower's unpaid amount for the purposes of this Act.
5 At the time when this Act applies to it, any amount owed by a borrower under the Student Loan Scheme Act 1992 to which neither subclause (2) nor (4) applies must be treated as being part of a borrower's loan balance for the purposes of this Act.
1 Any amount that the Commissioner has refrained from collecting from the borrower in accordance with section 51(3) of the Student Loan Scheme Act 1992 and that remains unpaid on the close of 31 March 2012 is added to a borrower's loan balance under this Act.
2 This clause overrides clause 5 .
History: Schedule 6 clause 6(1): replaced, on 30 March 2013, by section 43(4) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
1 Every borrower who, on the close of 31 March 2012, is New Zealand-based under the Student Loan Scheme Act 1992 is treated as being New Zealand-based under this Act on 1 April 2012.
2 Every borrower who, on the close of 31 March 2012, is overseas based under the Student Loan Scheme Act 1992 is treated as being overseas-based under this Act on 1 April 2012.
3 Every day on which a borrower is personally present in New Zealand under the Student Loan Scheme Act 1992 is treated as a day on which the borrower is physically in New Zealand for the purposes of sections 22 and 24 of this Act.
4 Every day on which a borrower is personally absent from New Zealand under the Student Loan Scheme Act 1992 is treated as a day on which the borrower is physically absent from New Zealand for the purposes of section 23 of this Act.
1 This clause applies if—a) the Commissioner has granted an exemption to the 183-day requirement to a borrower under section 38AE, 38AJ, or 38AJA of the Student Loan Scheme Act 1992 before 1 April 2012; andb) the end date for the period of that exemption continues past 1 April 2012, or the conditions for the continuation of that exemption continue to apply or to be met on the close of 31 March 2012.
2 The exemption continues until, as applicable,—a) the end date for the period of that exemption specified by the Commissioner; orb) the conditions for the continuation of that exemption cease to apply or to be met.
3 The borrower is treated as being physically in New Zealand for the purposes of sections 22 to 24 for the period that the exemption continues.
[Repealed]
History: Schedule 6 clause 9: repealed (with effect on 1 April 2012), on 12 April 2012, by section 56(3) of the Student Loan Scheme Amendment Act 2012 (2012 No 32).
1 If, at the close of 31 March 2012, a borrower has employment for which the repayment code SL applies to the borrower under section 18 of the Student Loan Scheme Act 1992 , that repayment code continues to apply to that borrower in relation to that employment for the purposes of section 34 of this Act.
2 A borrower who, at the close of 31 March 2012, has complied with section 18 of the Student Loan Scheme Act 1992 in relation to an employer does not have to comply with section 35 of this Act in relation to that employer.
3 An increased repayment deduction rate notice that has been issued under section 20A of the Student Loan Scheme Act 1992 and that continues to apply at the close of 31 March 2012—a) continues to apply until the earlier of the date on which—i) the deductions made from the borrower's salary or wages in accordance with the notice equal the amount specified in the notice in accordance with section 20A(2)(b) of the Student Loan Scheme Act 1992 ; orii) the Commissioner notifies the relevant employer otherwise; andb) must be treated as if it were an additional deduction rate notice that has been issued by the Commissioner under section 49(2) of this Act.
4 A special repayment deduction rate certificate that has been issued under section 21 of the Student Loan Scheme Act 1992 and that continues to apply at the close of 31 March 2012—a) continues to apply; andb) must be treated as if it were, as applicable in the circumstances,—i) a request by the borrower to make borrower deductions in accordance with section 39 of this Act; orii) a special deduction rate certificate issued in relation to the borrower under—A) section 45 of this Act (special deduction rate certificate for unused repayment threshold); orB)C) section 148 of this Act (special deduction rate certificate for hardship relief).
History: Schedule 6 clause 10(4)(b)(ii)(B): repealed (with effect on 1 April 2012), on 12 April 2012, by section 56(3) of the Student Loan Scheme Amendment Act 2012 (2012 No 32).
If an employer or PAYE intermediary pays an amount to a borrower by way of salary or wages for a pay period that starts before, and ends after, 1 April 2012,—a) the employer or PAYE intermediary must make a deduction from that amount for the entire pay period in accordance with section 36(2) of this Act; andb) section 19 of the Student Loan Scheme Act 1992 does not apply to the employer or PAYE intermediary in relation to the pay period.
1 This clause applies if—a) a borrower—i) has entered into an instalment arrangement with the Commissioner on or before 31 March 2012 in relation to an amount (the
"instalment amount" ) that must be paid under the Student Loan Scheme Act 1992 ; andii) some of the payments that are required under the instalment arrangement must be paid on or after 1 April 2012; orb) a borrower—i) has entered into an instalment arrangement with the Commissioner under this Act between 1 April 2012 and 31 March 2013 (inclusive) in relation to an amount (the
"instalment amount" ) that must be paid under this Act; andii) some of the payments that are required under the instalment arrangement must be paid on or after 1 April 2013.
2 If all of the payments that are required under the instalment arrangement are paid on or before their due date,—a) all late payment penalties that apply to the instalment amount under the Student Loan Scheme Act 1992 must be written off by the Commissioner; andb) all late payment interest that applies to the instalment amount under this Act must be written off by the Commissioner.
3 If any of the payments that are required under the instalment arrangement are not paid on or before their due date, the following applies:a) unpaid instalment amounts with a due date before 1 April 2012 are subject to the late payment penalties that apply to that amount under the Student Loan Scheme Act 1992 until the close of 31 March 2012; andb) unpaid instalment amounts with a due date before 1 April 2012 that remain unpaid on or after that date are subject to late payment interest under this Act from 31 March 2012; andc) unpaid instalment amounts with a due date on or after 1 April 2012 are subject to late payment interest under this Act.
History: Schedule 6 clause 12(1): replaced (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on 29 March 2013, by section 43(5) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
1 No refund may be made under this Act or the Student Loan Scheme Act 1992 for any amount that was deducted or paid in excess (as set out in section 56(1)(a) to (e) or 57(1) of the Student Loan Scheme Act 1992 ) before 1 April 2006.
2 Subclause (1) applies despite anything to the contrary.
1 This clause applies if—a) this Act requires something to be done (a
"new Act requirement" ); andb) the new Act requirement cannot be done without reference to an equivalent thing in, that arises from, or that was required to be done by the Student Loan Scheme Act 1992 (a
"1992 Act requirement" ).
2 The new Act requirement must utilise the 1992 Act requirement—a) as if it were the thing that was required by, or referred to in, the new Act requirement; andb) with all necessary modifications; andc) despite any difference in terminology between this Act and the Student Loan Scheme Act 1992 .
3 For example, the interim payments that are due for the 2012–13 tax year under this Act must be determined—a) by reference to residual repayment obligations for the 2011–12 tax year under the Student Loan Scheme Act 1992 ; andb) as if references to end-of-year repayment obligations in this Act were references to residual repayment obligations for the 2011–12 tax year under the Student Loan Scheme Act 1992 .
History: Schedule 6 clause 14(3): amended (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on 29 March 2013, by section 44 of the Student Loan Scheme Amendment Act 2013 (2013 No 10). Schedule 6 clause 14(3)(b): amended (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on 29 March 2013, by section 44 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
Unless the context otherwise requires, all references in an enactment or document (including a loan contract) to—a) the Student Loan Scheme Act 1992 must be read as a reference to this Act; andb) the student loan scheme under the Student Loan Scheme Act 1992 must be read as a reference to the student loan scheme under this Act; andc) a student loan under the Student Loan Scheme Act 1992 must be read as a reference to a student loan under this Act; andd) a borrower under the Student Loan Scheme Act 1992 must be read as a reference to a borrower under this Act.
History: Schedule 6 Part 2 heading: inserted, on 30 March 2013, by section 43(6) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
In this Part,—
"amendment Act" means the Student Loan Scheme Amendment Act 2013
"principal Act" means the Student Loan Scheme Act 2011 .
History: Schedule 6 clause 16: inserted, on 30 March 2013, by section 43(7) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
[Repealed]
History: Schedule 6 clause 17: repealed, on 1 April 2018, by clause 17(6).
History: Schedule 6 Part 3: inserted (with effect on 1 April 2014), on 13 May 2016, by section 35(1) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
1 Section 110 and any related provisions, as in force immediately before the amendment Act came into force, apply to the repayment obligation of a borrower for any tax year ending on or before 31 March 2014.
2 In this section,—
"amendment Act" means the Student Loan Scheme Amendment Act 2014
"related provision" means a provision of the Student Loan Scheme Act 2011 that has an effect in relation to section 110 as in force immediately before the amendment Act came into force (for example, a definition).
History: Schedule 6 Part 4: inserted, on 14 May 2016, by section 35(2) of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 (2016 No 21).
The following provisions of the Taxation (Residential Land Withholding Tax, GST on Online Services, and Student Loans) Act 2016 apply for the 2016–2017 and later tax years:a) sections 5, 10 to 21, 25, 26, 34, and 77 (which relate to changes to the notification of Schedule 3 adjustments or statement of adjusted net income):b) section 33 (which relates to deposits and refunds for main income equalisation accounts).
1 On commencement,—a) an existing charity is treated as qualifying to be listed as a charity under section 27B ; andb) the Commissioner must—i) list each existing charity as a charity; andii) specify, on the list, the date on which the existing charity was first specified in regulations made under section 215(b) (or any provision that section 215(b), with or without modification, replaced or corresponded to) as the date on and from which the listing applies; andc) the Commissioner may consider any application from an entity to be listed as a charity, even if the application was received before commencement.
2 Nothing in subclause (1) prevents the Commissioner from exercising the power under section 27E to remove the person’s listing on the ground that it does not qualify under section 27B to be listed.
3 In this section,—
"commencement" means the date on which section 7 comes into force
"existing charity" means a person that, immediately before commencement, was specified in the existing regulations
"existing regulations" means the Student Loan Scheme (Charitable Organisations) Regulations 2011 as in force immediately before commencement.
History: Schedule 6 Part 5: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
History: Heading: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
Clauses 22 to 27 prevent the reopening of a borrower’s repayment obligations for closed-off tax years except in limited circumstances.
History: Schedule 6 clause 21: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 In clauses 23 to 27 , unless the context otherwise requires,—
"Act" ,—a) in relation to the tax year ending on 31 March 2012 and all earlier tax years, means the Student Loan Scheme Act 1992 and all relevant regulations made under that Act:b) in relation to the tax year ending on 31 March 2013, means this Act and all relevant regulations made under this Act
"closed-off tax year" means the tax year ending on 31 March 2013 and all earlier tax years
"interest" —a) includes interest imposed under the Student Loan Scheme Act 1992 and loan interest imposed under this Act; butb) excludes late payment interest imposed under this Act
"reopen" , in relation to a repayment obligation, means all or any of the following:a) the Commissioner taking steps to reflect the manner in which the Act should have been applied to a borrower (for example, if the Act was incorrectly applied to the borrower or in respect of a change in the borrower’s circumstances):b) the Commissioner making an assessment or amending an assessment in order to ensure that a correct assessment is made, whether or not a repayment obligation already assessed has been paid:c) a borrower objecting, disputing, or challenging a decision of the Commissioner or another matter.
2 In clauses 23 to 27 , a term or an expression used in relation to a tax year (but not defined in subclause (1)) has the same meaning as in the Act that applies in relation to that tax year.
History: Schedule 6 clause 22: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
Neither the Commissioner nor a borrower may, after 1 April 2020, reopen any repayment obligation relating to a closed-off tax year except to the extent to which clauses 24 to 27 provide for the reopening.
History: Schedule 6 clause 23: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies to a borrower who—a) has been incorrectly treated as New Zealand-based for all or any part of a closed-off tax year; andb) after 1 April 2020, is established to have been overseas-based for all or any part of that closed-off tax year (the
"relevant period" ).
2 The borrower’s repayment obligations may be reopened as a result of the incorrect treatment by taking 1 or more of the following steps:a) steps to reflect that the borrower must be taken to be, and to always have been, liable to pay interest for the relevant period:b) steps referred to in clauses 25 to 27 .
History: Schedule 6 clause 24: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies to a borrower who—a) was incorrectly treated as overseas-based for all or any part of a closed-off tax year; andb) after 1 April 2020, is established to have been New Zealand-based for all or any part of that closed-off tax year (the
"relevant period" ).
2 The borrower’s obligations in respect of the relevant period may be reopened as a result of the incorrect treatment by taking 1 or more of the following steps:a) steps to reflect that the borrower must be taken to be, and to always have been, not liable to pay interest for the relevant period:b) steps to reflect that the borrower should not have been assessed with an overseas-based repayment obligation for the relevant period:c) steps referred to in clauses 24 to 27 .
History: Schedule 6 clause 25: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies to a borrower for a closed-off tax year—a) if all or any of the following apply to the borrower:i) the borrower committed an offence under section 143B of the Tax Administration Act 1994 , as applied by section 162 :ii) the borrower is or was liable to pay a student loan shortfall penalty imposed under section 159 relating to a penalty imposed under section 141E of the Tax Administration Act 1994 :iii) the borrower committed an offence under section 79(1) of the Student Loan Scheme Act 1992 :iv) the borrower is or was chargeable with a penal repayment obligation under section 85 of the Student Loan Scheme Act 1992 :b) if the Commissioner is satisfied that it is cost-effective for the Commissioner to reopen the borrower’s repayment obligation and that the borrower has not provided information (including tax returns and tax forms) to the Commissioner or any other person when required to do so by a tax law.
2 The Commissioner may reopen the borrower’s repayment obligation relating to all or any part of a closed-off tax year by taking 1 or more of the following steps:a) steps to reflect the manner in which the Act should have been applied to the borrower, as if the end-of-year repayment obligation for the relevant tax year were calculated as follows:b) steps referred to in clauses 24 to 27 .
History: Schedule 6 clause 26: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies if—a) a borrower applies to the Commissioner for the reopening of any repayment obligation relating to all or any part of a closed-off tax year; andb) the borrower establishes, and the Commissioner considers, that the borrower would be adversely affected if reopening did not occur.
2 The Commissioner may reopen any repayment obligation for all or any part of a closed-off tax year.
History: Schedule 6 clause 27: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
History: Heading: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies to a loan balance that—a) has been transferred to the Commissioner for collection under the Student Loan Scheme Act 1992 before 1 April 2000; andb) is in the name of a person—i) who did not enter into the loan contract under the student loan scheme from which the loan results; andii) who did not receive the loan.
2 The Commissioner must reduce the consolidated loan balance to zero, with effect from the day on which the loan was transferred to the Commissioner for collection, if the Commissioner is satisfied that the person who did receive the loan cannot be identified or located.
History: Schedule 6 clause 28: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
1 This clause applies to New Zealand-based borrowers in respect of interest that, without this clause, would be charged—a) on or after 1 April 2020 in relation to periods before that date; andb) under section 134 and written off under section 137 .
2 The Commissioner must treat sections 119 to 122 of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 as having commenced on 1 April 2012.
History: Schedule 6 clause 29: inserted, on 1 April 2020, by section 80(4) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).