Legal and regulatory update for the life and health insurance sector
6 Oct 2024 - FMA sent a letter to licensed fund managers acknowledging the regulator had received feedback that the liquidity guide, as updated this April, is “preventing or disincentivising investment in private assets” and has been engaging with fund managers on the issue. https://investmentnews.co.nz/investment-news/fma-chief-hoses-down-fund-liquidity-guide-concerns-for-private-assets-cofi-entities-get-licensing-hurry-up/
7 Oct 2024 - The External Reporting Board today announced the appointment of Wendy Venter as its incoming Chief Executive, commencing 15 January 2025. Ms Venter will replace April Mackenzie, who announced in August her intention to step down at the end of a five-year term. https://www.xrb.govt.nz/news/latest-news/
7 Oct 2024 - AA Insurance New Zealand Limited (AAI) has been ordered to pay a penalty of $6.175 million for failing to apply multi-policy and membership discounts, as well as guaranteed no claims bonuses. AAI also misled customers about its multi policy discount offer in marketing material and misrepresented that certain eligible customers would receive its guaranteed no claims bonus for life. The High Court judgment follows proceedings brought by the FMA. https://www.fma.govt.nz/news/all-releases/media-releases/aa-insurance-to-pay-6-175-million-penalty/
7 Oct 2024 - The Reserve Bank of New Zealand is consulting on a revised access policy, as part of its ongoing review of the Exchange Settlement Account System (ESAS), a payments and settlement system used by banks. https://www.rbnz.govt.nz/hub/news/2024/10/esas-access-review-is-open-for-second-consultation
8 oct 2024 - The Reserve Bank of New Zealand has published its Annual Report covering the year from 1 July 2023 to 30 June 2024. https://www.rbnz.govt.nz/hub/news/2024/10/rbnz-releases-annual-report-2024
8 Oct 2024 - The XRB has published a consultation document on proposed 2024 amendments to Climate and Assurance Standards. The XRB is proposing providing relief by amending:
• NZ CS 2 Adoption of Aotearoa New Zealand Climate Standards
• NZ SAE 1 Assurance Engagements over Greenhouse Gas Emissions Disclosures. Consultation closes 30 October 2024.
8 Oct 2024 - The FMA has filed civil proceedings against ASB Bank Limited for allegedly making false or misleading representations in relation to insurance products and banking services.
The FMA’s proceedings have two causes of action. The first relates to the failure to apply multi policy discounts on ASB-branded insurance products. The FMA alleges that the misapplication of the multi policy discount arose through errors in the manual process undertaken by ASB staff at the point of sale for insurance products. A sub-issue involved ASB staff misinforming customers with policies of insurance for caravans and trailers that they were eligible for the multi policy discount, despite those policies being ineligible.
The second cause of action is in respect of ASB’s failure to consistently apply fee exemptions to certain customer accounts with access to ASB’s Fastnet Banking service, specifically: Society Cheque, Education Administration, and Business Focus accounts. As with the multi policy discount issue, the FMA alleges the failures arose through errors in the manual process undertaken by ASB staff. ASB did not have adequate systems in place to check that the fee exemptions were being applied correctly.