Chatswood serves the life and health insurance sector in New Zealand with market intelligence, data, and bespoke consulting services. Some of these are provided in conjunction with Quality Product Research Limited - a subsidiary that brings you Quotemonster.
We believe that good decisions are more likely to occur when we have good information about the market environment in which we operate. Intuitive leaps and creative decisions are always required, of course, but the more they are based on a firm foundation of observation, the better they tend to be.
FMA announces more than $215 million returned to customers through remediation
The Financial Markets Authority (FMA) has released its annual report for the year ended 30 June 2024, including information on the money being returned to customers as a result of remediation activity stemming from the Conduct and Culture review.
The Financial Markets Authority (FMA) has released its annual report for the year ended 30 June 2024. One of the most interesting findings to come from the annual report was that $215 million has been returned, or is in the process of being returned, to customers as a result of remediation activity stemming from the Conduct and Culture review of banks and life insurers carried out by the Reserve Bank of New Zealand (RBNZ) and the FMA between 2018 and 2019. As at June 2024, 1.585 million affected customers had been identified. You can read about some of the filings from this year here.
The FMA achieved six out of nine of its Statement of Performance Expectations. Some key achievements included several penalty decisions for fair dealing provision breaches, opening licensing for the Conduct of Financial Institutions (CoFI) regime and producing the first Financial Advice Provider Monitoring Insights Report.
The FMA have also released the results of their Ease of Doing Business Survey which reports on stakeholder and industry participants views on the effectiveness of their interactions with the FMA.
94% agree financial markets are effectively regulated
85% agree the FMA supports market integrity
84% agree that FMA communications is relevant to their sector
75% agree the FMA helps raise the standards of market conduct
80% agree that communications help them understand the FMA’s approach to regulation
77% agree communications help them understand the FMA’s expectations of them
53% agree it’s easy doing business with the FMA
More news:
The Banking Ombudsman Scheme has published results from its five-year review
FMA acts against misleading customers
The Financial Markets Authority (FMA) has been busy, with the news this week full of stories of AA Insurance New Zealand Ltd (AAI) being ordered to pay a penalty and civil proceedings lodged against ASB Bank Limited (ASB).
The Financial Markets Authority (FMA) has been busy, with the news this week full of stories of AA Insurance New Zealand Ltd (AAI) being ordered to pay a penalty and civil proceedings lodged against ASB Bank Limited (ASB).
AAI was 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 was found to have misled customers about its multi policy discount offer in marketing material – marketing material said existing policy holders who added another policy would receive the discount immediately; however, AAI’s systems only applied the discount once the original policy came up for renewal. This issue affected 112,463 customers, who were overcharged approximately $4.89 million. In addition, AAI failed to apply discounts promised to NZAA members, affecting 90,129 customers who were overcharged approximately $2.95 million in total.
AAI were also found to have misrepresented that certain eligible customers would receive its guaranteed no claims bonus “for life”. Up until December 2011 AAI offered the bonus for each customer’s lifetime, as long as they remained insured with AAI. From 2012 the benefit only applied to the policy’s lifetime – yet AAI marketing continued to use the “for life” language without limitation. This affected 17,973 eligible customers, who were overcharged approximately $3.28 million.
Margot Gatland, FMA Head of Enforcement, said of the AAI judgement,
“AAI’s systems proved to be inadequate and its marketing was not kept in line with internal policies. This judgment sends a strong message to the industry that companies need to ensure their systems and processes are fit for purpose and customers’ interests put first.”
The FMA has filed civil proceedings against ASB for allegedly making false or misleading representations in regards to insurance products and banking services. Similar to AAI, ASB allegedly failed to apply multi policy discounts on ASB-branded insurance products, due to errors in the manual process at point of sale. Another issue arose when ASB staff misinformed customers with policies of insurance for caravans and trailers that they were eligible for the multi policy discount, despite those policies being ineligible. ASB also allegedly failed to consistently apply fee exemptions to certain customer accounts with access to ASB’s Fastnet Banking service, again due to failings in the manual processes. Between April 2014 and May 2022, a total of 23,062 customers were affected by the multi policy discount issue with the total value of overcharged premiums being approximately $2.8 million. During the same period, 2,435 customers were affected by the Fastnet Banking issue, totalling approximately $1,147,276 in overcharges. ASB has completed remediation work on both causes of action and has repaid affected customers, including use of money interest, and they self-reported the errors to the FMA.
Both of these cases demonstrate the willingness of the FMA to prosecute organisations who don’t fulfil their obligations to customers. They also highlight the importance of language in customer communications being crystal clear and that it is essential organisations have the systems-wide processes and checks in place to honour any discounts and offers made to customers. The FMA expect that if you make commitments to customers, you need to keep them, which we think is fair enough.
More news:
Legal and regulatory update for the life and health insurance sector
FMA addresses feedback on liquidity guide; XRB appoint incoming CE; AA ordered to pay a penalty; RBNZ consulting on a revised access policy as part of review of ESAS; RBNZ publish Annual Report; XRB consults on amendments to Climate and Assurance Standards; FMA file proceedings against ASB for allegedly making false or misleading representations in relation to insurance products and banking services.
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.
More people expected to delay retirement due to costs of living
The New Zealand Seniors Series: Working Seniors Report has found that a substantial number of New Zealanders may need to delay retirement due to their financial situation.
While the most commonly cited reason to keep working beyond 65 years of age was enjoying working (65%), 61% selected the rising cost of living and 57% chose financial needs as reasons for working past retirement age.
Only 43% of people surveyed felt on track to retire at the age they preferred, with 37% believing they may have to keep working past their preferred retirement age to fund their retirement (up from 23% in 2021) and 20% believing they would not having full control over the age they retire.
74% of people agreed that their home ownership and mortgage status had a great impact on their retirement decisions and 78% thought that being fully retired with mortgage debt was a key concern.
The implications of the pandemic, rising cost of living and looming global recession have meant that 21% of respondents will need to delay their full retirement age slightly and 17% will need to delay their full retirement age considerably.
In December we examined how the market for insurance has changed due to patterns of longer living and longer working. Between 2002 and 2022 the share of 65 to 69 year-olds who are in work rose from just over 20% to 46.5% - a group of nearly 120,000 people. It seems plain that if life is extending, so will working life, and probably the need for cover will continue longer than previously thought.
More daily news:
Enquiries to the Insurance & Financial Services Ombudsman Scheme break records three months in a row
MBIE planning a new consumer rights and harm prevention campaign
Registrations for Financial Advice NZ’s August Out of the Box tour are now open
Submissions for the ANZIIF New Zealand Insurance Industry Awards are now open
Investment Leaders Forum will be held 30 July - 1 August in Queenstown
Study finds moving for an hour a day can lower the risk of developing diabetes by 74 per cent
Legal and regulatory update for the life and health insurance sector
6 Jun 2023 - The Australian Prudential Regulation Authority (APRA) has released the finalised reporting standards for insurers impacted by the introduction of the Australian Accounting Standards Board 17 Insurance Contracts (AASB 17). https://www.apra.gov.au/news-and-publications/apra-responds-to-consultation-on-minor-amendments-to-insurance-reporting
8 Jun 2023 - The FMA has filed civil proceedings against AA Insurance Limited for failing to apply multi policy and membership discounts, as well as guaranteed no claims bonuses to eligible customers’ premiums, resulting in $11.12 million in overcharges. https://www.fma.govt.nz/news/all-releases/media-releases/fma-files-proceedings-against-aa-insurance-for-alleged-fair-dealing-breaches/
8 Jun 2023 - MBIE: Regulations have been made to support the Financial Markets (Conduct of Institutions) Amendment Act 2022. Links to the regulations are below, along with details of an online information session that MBIE will be holding regarding the sales incentives regulations.
Links to the regulations
The regulations can be found at the following links:Financial Markets Conduct (Conduct of Institutions) Amendment Regulations 2023: https://www.legislation.govt.nz/regulation/public/2023/0123/latest/whole.html
These regulations cover the sales incentives prohibition based on volume or value targets and other provisions to ensure the regime works as intended, including provisions setting the requirements for participants in the Lloyd’s insurance market.
Financial Markets Conduct (Fees) Amendment Regulations 2023: https://www.legislation.govt.nz/regulation/public/2023/0124/latest/LMS829791.html These regulations set the licensing fee for financial institutions applying for a market services licence under the regime.
A commencement order has also been made, which will bring the regime into effect from 31 March 2025. As you may be aware, financial institutions will be able to apply for a licence from the FMA from 25 July 2023 and must be licensed by 31 March 2025 to continue providing relevant services to consumers. The FMA has advised that by submitting an application as early as possible, applicants will give themselves the best chance of ensuring their licence is processed before 31 March 2025. The commencement order can be found at the following link: https://www.legislation.govt.nz/regulation/public/2023/0122/latest/LMS830584.html