Inland Revenue owns the KiwiSaver trademark, including the word and logo in New Zealand and Australia, and licenses their use in the financial services industry.

It says this control is to promote the integrity of the brand.

KiwiSaver scheme providers obtain a trademark licence when they sign a scheme provider agreement, while other individuals or organisations in the industry must apply for a licence – usually to use the word as part of their promotional activity.

There are currently 144 holders of KiwiSaver trademark licenses, excluding the KiwiSaver scheme providers. Inland Revenue monitors their use of the trademarks.

If a financial advice firm offers KiwiSaver advice as part of their business, it needs a licence. But if its website just gives some generic information about KiwiSaver, a licence is not needed.

In the year to September 30, there were 41 issues of non-compliance identified.

An IRD spokeswoman said that included use of a small k or s in the word, use of the words “your KiwiSaver” or “your KiwiSaver scheme” and use of the word “KiwiSavers”.

Providers should also not use the word “KiwiSaver2" when they are referring to a scheme.

David Greenslade, who founded compliance and training firm Strategi, said it was an issue for advisers and many did not realise their obligations when using the word.

"It’s always been a problem,” he said.

Problems seemed to become less frequent, he said, but then staff in businesses would change and new people would not realise their obligations.

It was particularly an issue as more registered financial advisers moved into the KiwiSaver space, he said. “They are not aware they need a KiwiSaver brand licence.”

Sometimes IRD would send an email, he said, and others it was a more formal warning.

“It’s not something that’s covered in level five because it’s not legislation or regulation, it’s simply IRD rules.”

He said only a fraction of the firms that used KiwiSaver in their marketing and promotional communications with customers would have a KiwiSaver trademark licence.