The Role of the New Zealand Financial Markets Authority
Our guide outlines what the FMA does (and what activity it covers), its history, what it doesn't cover, how it differs from other government agencies, and must-know facts and frequently asked questions.
Updated 12 April 2023
Know This First:
Our guide covers:
Know This First:
- The New Zealand Financial Markets Authority, known as the FMA, is New Zealand's national financial market regulator and is responsible for overseeing multiple products and services.
- Financial markets are complex, and the risks are high. Other highly regulated industries include food and drug manufacturing, mining and refining petroleum products, producing electricity, air transportation and water transportation.
- When something goes wrong in one of those industries, it can have catastrophic consequences for those affected. That’s why most countries establish regulatory agencies to oversee industries, set and enforce regulations, offer guidance, investigate complaints and make sure only credible people can operate in the industry.
- In New Zealand, the Financial Markets Authority, commonly known as the FMA, is responsible for regulating New Zealand’s financial markets. The FMA is a crucial financial regulator and established as a Crown Entity, and everyone should be aware of their role and how they serve us, especially if you’re investing or trading financial products.
- In this guide, we explore the history of the Financial Markets Authority, why it was established, the responsibilities and powers the agency possesses and how it protects you.
- New Zealand has a mature financial market and consumer protection regulatory landscape, with numerous departments playing a role in protecting residents.
- The FMA issues licences to service providers who meet their requirements. The regulator can also impose penalties and revoke licences. The FMA regulates forex & CFD providers, stock exchanges, financial advisers and managed investment services.
- The FMA is responsible for issuing and revoking licences, policy and guidance, monitoring and supervision, investigating and enforcing laws and educating investors.
- The FMA was established in the fallout of the 2008 financial crisis to replace the disgraced Securities Commission (SC), which failed to protect the financial services industry and consumers. Unlike the FMA, the SC never had far-ranging powers unlike those possessed by the FMA does now.
- The 2008 financial crisis intersected the rapid digitisation of financial markets, exposing many investors to complex products, something regulators were not prepared to handle.
Our guide covers:
We’ve used a lot of abbreviations in this guide. Here is an easy to use legend to reference if you forget any of them as you get further into our guide:
- AML means anti-money laundering
- CTF means counter-terrorist financing
- DRS means Dispute Resolution Schemes
- FMA means Financial Markets Authority
- FSPR means Financial Services Provider Register
- RBNZ means Reserve Bank of New Zealand
Introduction to financial regulations in New Zealand
New Zealand’s financial markets aren’t regulated by one organisation. The Financial Markets Authority plays an important role and covers a broad range of the finance sector, but there are several other organisations involved in regulating different areas of the industry.
The Reserve Bank of New Zealand (RBNZ) is the country’s central bank and is responsible for monetary policy, payment systems and support the smooth functioning of the financial system. The RBNZ regulates banks, insurers, building societies, credit unions and other financial institutions that hold customer deposits, known as non-bank deposit takers (NBDTs).
The Financial Services Provider Register (FSPR) is a public register of financial services providers in New Zealand. The FSPR is managed by the Companies Office, not the FMA and does not grant permission to operate a regulated business. Financial services providers, regardless of regulatory status, must be FSPR registered.
There are four Dispute Resolution Schemes (DRSs) operating in New Zealand. A DRS helps consumers resolve their disputes with uncooperative financial service providers.
The Reserve Bank of New Zealand (RBNZ) is the country’s central bank and is responsible for monetary policy, payment systems and support the smooth functioning of the financial system. The RBNZ regulates banks, insurers, building societies, credit unions and other financial institutions that hold customer deposits, known as non-bank deposit takers (NBDTs).
The Financial Services Provider Register (FSPR) is a public register of financial services providers in New Zealand. The FSPR is managed by the Companies Office, not the FMA and does not grant permission to operate a regulated business. Financial services providers, regardless of regulatory status, must be FSPR registered.
There are four Dispute Resolution Schemes (DRSs) operating in New Zealand. A DRS helps consumers resolve their disputes with uncooperative financial service providers.
The creation of the FMA
The New Zealand Financial Markets Authority was established in 2011 in the wake of the 2008 global financial crisis to replace the Securities Commission with the Financial Markets Authority Act 2011. The defunct New Zealand Securities Commission was disestablished following widespread criticism over its consequential failure to prevent and mitigate the collapse of dozens of financial services companies in New Zealand between 2006 and 2010.
A parliamentary inquiry to the collapse of almost 70 finance companies revealed that inadequate supervision, deficiencies in disclosure, inadequate consumer understanding of complex products and poor governance were the primary causes of the failures. All of which are flaws that an effective market regulator should have prevented.
The inquiry into the catastrophe estimated investor losses of over $3 billion that affected between 150,000 and 200,000 depositors.
A parliamentary inquiry to the collapse of almost 70 finance companies revealed that inadequate supervision, deficiencies in disclosure, inadequate consumer understanding of complex products and poor governance were the primary causes of the failures. All of which are flaws that an effective market regulator should have prevented.
The inquiry into the catastrophe estimated investor losses of over $3 billion that affected between 150,000 and 200,000 depositors.
The digitisation of financial markets and regulatory affairs
While the world was cooling off from the dot com bubble, which took place at the beginning around 2000-2001, a dramatic shift took place. More and more services have become digital, including financial services. Almost every aspect of life has since migrated to the internet and away from traditional bricks and mortar establishments. In the financial services industry, this poignant and revolutionary development meant two initial changes had to take place; the internationalisation and digitisation of markets.
In essence, you no longer had to check the newspaper or business news channel to view the latest quotes for financial products. In addition, it was the beginning of a borderless financial ecosystem accessible from almost anywhere on earth. Suddenly, brand new companies began to spring into life across the world, offering new products and instruments. Companies began looking to onboard customers from every corner of the world by leveraging the newly available digital and social media marketing advertising channels.
At that time, regulatory authorities everywhere were still trapped in the past, keeping paper records and only overseeing traditional financial products in their own jurisdictions, ignoring what was happening overseas. They were not prepared for the onslaught of online trading and investment platforms that were about to enter the zeitgeist. Residents were no longer locked to brokers and advisors in their country; they could log on to the world wide web and invest their money anywhere. This led to many new investment platforms and services being established in offshore jurisdictions without any standards or oversight.
The earliest versions of digital investment products were not developed by financial market experts. They were conceived by IT entrepreneurs and digital marketing experts. As you would expect, this was a recipe for disaster. No regulator at that time, even in very established countries with fully developed and world-dominating financial markets infrastructures, could manage the oversight or administration of such a global reach with no physical premises. Regulators realised they were powerless to bring any form of resolution should a company decide to rip its customers off and run away.
Online based financial services were essentially the wild west, and it stayed that way until huge regulatory reform took place in the aftermath of the 2008 financial crisis. The New Zealand FMA was established in 2011 after a series of failures that were by no means unique to New Zealand.
In essence, you no longer had to check the newspaper or business news channel to view the latest quotes for financial products. In addition, it was the beginning of a borderless financial ecosystem accessible from almost anywhere on earth. Suddenly, brand new companies began to spring into life across the world, offering new products and instruments. Companies began looking to onboard customers from every corner of the world by leveraging the newly available digital and social media marketing advertising channels.
At that time, regulatory authorities everywhere were still trapped in the past, keeping paper records and only overseeing traditional financial products in their own jurisdictions, ignoring what was happening overseas. They were not prepared for the onslaught of online trading and investment platforms that were about to enter the zeitgeist. Residents were no longer locked to brokers and advisors in their country; they could log on to the world wide web and invest their money anywhere. This led to many new investment platforms and services being established in offshore jurisdictions without any standards or oversight.
The earliest versions of digital investment products were not developed by financial market experts. They were conceived by IT entrepreneurs and digital marketing experts. As you would expect, this was a recipe for disaster. No regulator at that time, even in very established countries with fully developed and world-dominating financial markets infrastructures, could manage the oversight or administration of such a global reach with no physical premises. Regulators realised they were powerless to bring any form of resolution should a company decide to rip its customers off and run away.
Online based financial services were essentially the wild west, and it stayed that way until huge regulatory reform took place in the aftermath of the 2008 financial crisis. The New Zealand FMA was established in 2011 after a series of failures that were by no means unique to New Zealand.
Monitoring and supervision
In line with other top-tier financial market regulators, such as those in the United States, Canada, the UK, mainland Europe, Australia and Singapore, New Zealand's FMA requires licences and FSPs to submit regular reports and perform audits. The FMA evaluates a selection of internal procedures and policy documents to ensure the company's internal governance is up to standard.
The FMA also monitors the market in lockstep with a consumer advisory network. Should it find an FSP or unknown company that appears to be soliciting customers with overly promising advertising statements or use the imagery of a different, well-established company (a process known as cloning) to give it more credibility, it will issue public warnings.
These warnings are published on the FMA's website and are indexed by search engines and shared via its social media channels. When a potential customer searches for such companies, the warning is displayed; therefore, potential customers can make better-informed decisions as to whether to invest with that firm or not.
The FMA also issues warnings against companies soliciting for business in New Zealand that does not have a licence and, therefore, is not permitted to offer financial services under New Zealand laws. This is to ensure that enough has been done to advise potential customers that their capital could be at risk if they invest with an unregulated company and that there would be no recourse if the firm decided to cheat them.
The FMA also monitors the market in lockstep with a consumer advisory network. Should it find an FSP or unknown company that appears to be soliciting customers with overly promising advertising statements or use the imagery of a different, well-established company (a process known as cloning) to give it more credibility, it will issue public warnings.
These warnings are published on the FMA's website and are indexed by search engines and shared via its social media channels. When a potential customer searches for such companies, the warning is displayed; therefore, potential customers can make better-informed decisions as to whether to invest with that firm or not.
The FMA also issues warnings against companies soliciting for business in New Zealand that does not have a licence and, therefore, is not permitted to offer financial services under New Zealand laws. This is to ensure that enough has been done to advise potential customers that their capital could be at risk if they invest with an unregulated company and that there would be no recourse if the firm decided to cheat them.
Educating investors and providers
- One of the more passive but extremely effective methods financial services regulators use to protect the industry is to educate investors and FSPs. According to the New Zealand FMA, delivering market-relevant and practical education and training is one of its key objectives.
- The FMA seeks to ensure investors are competent enough to understand the products offered, the risks involved, and are savvy enough to identify potential scams by promoting financial literacy.
- Similarly, the FMA has a comprehensive policy of providing constant education to financial services providers to ensure they’re equipped to follow the rules, regulations and know how to act in their clients' best interests. The regulator also partners with public organisations, such as NetSafe and private organisations, such as licensed financial services providers, to educate the public.
- Like most regulators, the FMA uses education to influence the industry and encourage positive behaviour in the industry. Notably, the FMA wants consumers to use licensed domestic financial services providers, shop around for investment products and know-how to choose and use different products, be aware of various risks and know the warning signs of scams.
- Promoting good behaviour and vigilance decreases the potential for harmful incidents to occur.
Investigation and enforcement
Besides creating regulations and issuing licences, the FMA needs to enforce the rules and investigate and punish wrongdoing. Without enforcement, there isn’t a deterrent for misconduct. The FMA collects and analyses data by monitoring and supervising FSPs. In the event of an anomaly, whistleblower tip-off or consumer complaint, the regulator might launch an investigation.
The FMA has a good track record of enforcement. Shortly after the FMA was established in 2011, there was a lot of work to do to restore trust in New Zealand’s financial sector. The authority needed to demonstrate that it was robust and well organised enough to bring proceedings against companies that do not act in the best interests of their customers.
At the time, the FMA decided to move in on what was a very high profile scandal and make its mark by filing civil proceedings against the directors and promoters of several failed finance companies including Hanover Finance Limited.
At the time of its failure in 2010, Hanover Finance was the largest finance company in New Zealand. Its core business activity of high-risk property investment had caused it to freeze repayments of $554 million owed to 36,500 investors. In 2009 Hanover was approached by Allied Farmers to buy the assets of Hanover Finance and United Finance, effectively held in limbo by the repayment plan. However, Allied Farmers placed the firm into administration a year later.
The FMA's lawsuit focused on the methods used by Hanover Finance to solicit new customers for investments, and so began the status of the FMA as a bona fide regulator in a developed market for financial services.
Later on, in 2013, the FMA was still busily engaged in demonstrating its prowess as a regulator to the public and showing that it can bring about justice where people have been defrauded by confidence tricksters.
In November 2013, David Ross, CEO of Ross Asset Management, pleaded guilty to three charges in court and was sentenced to 10 years in jail for operating the largest and highest value Ponzi scheme in the history of New Zealand in which members of the investing public lost $115 million. Ten years is a significant sentence in New Zealand and added to the FMA’s credibility as a stringent regulator.
The FMA has a good track record of enforcement. Shortly after the FMA was established in 2011, there was a lot of work to do to restore trust in New Zealand’s financial sector. The authority needed to demonstrate that it was robust and well organised enough to bring proceedings against companies that do not act in the best interests of their customers.
At the time, the FMA decided to move in on what was a very high profile scandal and make its mark by filing civil proceedings against the directors and promoters of several failed finance companies including Hanover Finance Limited.
At the time of its failure in 2010, Hanover Finance was the largest finance company in New Zealand. Its core business activity of high-risk property investment had caused it to freeze repayments of $554 million owed to 36,500 investors. In 2009 Hanover was approached by Allied Farmers to buy the assets of Hanover Finance and United Finance, effectively held in limbo by the repayment plan. However, Allied Farmers placed the firm into administration a year later.
The FMA's lawsuit focused on the methods used by Hanover Finance to solicit new customers for investments, and so began the status of the FMA as a bona fide regulator in a developed market for financial services.
Later on, in 2013, the FMA was still busily engaged in demonstrating its prowess as a regulator to the public and showing that it can bring about justice where people have been defrauded by confidence tricksters.
In November 2013, David Ross, CEO of Ross Asset Management, pleaded guilty to three charges in court and was sentenced to 10 years in jail for operating the largest and highest value Ponzi scheme in the history of New Zealand in which members of the investing public lost $115 million. Ten years is a significant sentence in New Zealand and added to the FMA’s credibility as a stringent regulator.
What the FMA does (and what activity it covers)
The New Zealand FMA is responsible for overseeing a diverse range of financial products provided in New Zealand. The FMA is also responsible for maintaining public trust and confidence in New Zealand’s financial system. It is one of New Zealand’s primary financial regulators operating alongside the Reserve Bank of New Zealand and the Commerce Commission.
The FMA regulates several products and services and issues licences to financial services providers, depending on their activities. Besides licensing firms, the FMA is responsible for administering policy and publishing guidance, monitoring and supervising market participants, investigating and enforcing laws related to financial services and securities markets and educating investors.
The FMA regulates various FSPS, such as financial advisors, trading venues (i.e. stock exchanges such as NZX), crowdfunding platforms and derivatives issuers (forex & CFD brokers). The FMA’s remit is expanding – its website has the most up to date overview of what it is, explained it the 'updates' section. Currently, it includes:
1. Derivatives issuers
Derivatives issuers are brokers offering forex and CFD products. The licensing requirements are pretty strict because forex and CFDs are complex products associated with high risks and typically used by self-directed traders. Only a handful of derivatives issuers are licensed in New Zealand, such as BlackBull Markets, IG Markets and CMC Markets. There are currently 22 active derivatives issuer licence in New Zealand.
More information: Our detailed guides can help you learn more about trading forex with leverage and contracts for difference in New Zealand.
2. Crowdfunding
The FMA defines crowdfunding services as platforms that raise funds from investors in exchange for equity in a company, i.e. shares. This scheme is known as equity-based crowdfunding. Equity crowdfunding platforms in New Zealand are not required to be licensed, but they can voluntarily apply for a licence that offers credibility and other benefits.
There are currently six licensed peer-to-peer lending service providers in New Zealand, including PledgeMe, Snowball Effect and Equitise. Learn more about equity crowdfunding and investing in our definitive guide.
3. Peer-to-peer lending
The FMA defines peer-to-peer lending services as platforms that enable one person to issue debt security to another. Essentially, one person can loan money to another person and earn interest from the loan repayments. Although the FMA does not require peer-to-peer lending services to be licenced, there is an option to be licensed. Platforms that are not licensed need to take additional product disclosure steps.
Currently, there are 11 licensed peer-to-peer lending service providers in New Zealand, including Squirrel, Harmoney and Lending Crowd. Learn more about peer-to-peer lending in our dedicated guide to the topic.
4. Financial advisers
A financial adviser is a professional who is qualified to provide advice and recommendations on managing your finances, selecting insurance products, mortgages & loans, investments and other financial services. Anyone giving financial advice must be licensed by the FMA or be covered by the licence of a financial advice provider (FAP).
It’s important to work with licensed financial advisers because they are required to follow a Code of professional conduct, which sets the following standards:
Read our guide to learn more about financial advisers in New Zealand or check our list of top financial advisers in Auckland.
5. Discretionary investment management service (DIMS)
A discretionary investment management service is someone appointed to make trading and investment decisions on behalf of someone else. A DIMS is sometimes referred to as a money manager. With a DIMS licence, the provider can go a step more than just giving advice, as they can make investment decisions without first consulting the investor.
6. Managed investment scheme (MIS)
A managed investment scheme is a managed fund that pools multiple investors' money and manages it collectively. A managed investment scheme is also known as a collective investment scheme.
There are dozens of managed investment funds operating in New Zealand, and you can learn more about them in our managed funds guide.
7. Market operator
A market operator is an exchange, for example, the New Zealand Exchange (NZX). Market operators are any marketplace that facilitates buying and selling of financial instruments, such as shares of public companies and dairy derivatives. There are six licensed market operators in New Zealand, which include the Australian Securities Exchange, Singapore Exchange, ICE Futures US and ICE Futures Europe.
The FMA regulates several products and services and issues licences to financial services providers, depending on their activities. Besides licensing firms, the FMA is responsible for administering policy and publishing guidance, monitoring and supervising market participants, investigating and enforcing laws related to financial services and securities markets and educating investors.
The FMA regulates various FSPS, such as financial advisors, trading venues (i.e. stock exchanges such as NZX), crowdfunding platforms and derivatives issuers (forex & CFD brokers). The FMA’s remit is expanding – its website has the most up to date overview of what it is, explained it the 'updates' section. Currently, it includes:
1. Derivatives issuers
Derivatives issuers are brokers offering forex and CFD products. The licensing requirements are pretty strict because forex and CFDs are complex products associated with high risks and typically used by self-directed traders. Only a handful of derivatives issuers are licensed in New Zealand, such as BlackBull Markets, IG Markets and CMC Markets. There are currently 22 active derivatives issuer licence in New Zealand.
More information: Our detailed guides can help you learn more about trading forex with leverage and contracts for difference in New Zealand.
2. Crowdfunding
The FMA defines crowdfunding services as platforms that raise funds from investors in exchange for equity in a company, i.e. shares. This scheme is known as equity-based crowdfunding. Equity crowdfunding platforms in New Zealand are not required to be licensed, but they can voluntarily apply for a licence that offers credibility and other benefits.
There are currently six licensed peer-to-peer lending service providers in New Zealand, including PledgeMe, Snowball Effect and Equitise. Learn more about equity crowdfunding and investing in our definitive guide.
3. Peer-to-peer lending
The FMA defines peer-to-peer lending services as platforms that enable one person to issue debt security to another. Essentially, one person can loan money to another person and earn interest from the loan repayments. Although the FMA does not require peer-to-peer lending services to be licenced, there is an option to be licensed. Platforms that are not licensed need to take additional product disclosure steps.
Currently, there are 11 licensed peer-to-peer lending service providers in New Zealand, including Squirrel, Harmoney and Lending Crowd. Learn more about peer-to-peer lending in our dedicated guide to the topic.
4. Financial advisers
A financial adviser is a professional who is qualified to provide advice and recommendations on managing your finances, selecting insurance products, mortgages & loans, investments and other financial services. Anyone giving financial advice must be licensed by the FMA or be covered by the licence of a financial advice provider (FAP).
It’s important to work with licensed financial advisers because they are required to follow a Code of professional conduct, which sets the following standards:
- Always treat clients fairly
- Always act with integrity
- Only give financial advice that is suitable
- Ensure that the client understands the financial advice they are given
- Protect their clients’ personal information
- Be able to clearly explain how they’re compensated for their service
Read our guide to learn more about financial advisers in New Zealand or check our list of top financial advisers in Auckland.
5. Discretionary investment management service (DIMS)
A discretionary investment management service is someone appointed to make trading and investment decisions on behalf of someone else. A DIMS is sometimes referred to as a money manager. With a DIMS licence, the provider can go a step more than just giving advice, as they can make investment decisions without first consulting the investor.
6. Managed investment scheme (MIS)
A managed investment scheme is a managed fund that pools multiple investors' money and manages it collectively. A managed investment scheme is also known as a collective investment scheme.
There are dozens of managed investment funds operating in New Zealand, and you can learn more about them in our managed funds guide.
7. Market operator
A market operator is an exchange, for example, the New Zealand Exchange (NZX). Market operators are any marketplace that facilitates buying and selling of financial instruments, such as shares of public companies and dairy derivatives. There are six licensed market operators in New Zealand, which include the Australian Securities Exchange, Singapore Exchange, ICE Futures US and ICE Futures Europe.
Products and services NOT regulated by the FMA
Some regions of the financial markets industry are not regulated by the FMA either because the regulations don’t require them to, or they are covered by other agencies. These include:
1. Brokers
Brokers offering direct market access to products listed on regulated exchanges, such as stocks and exchange-traded funds, do not need to be licensed, but they may need to register with the FMA as a designated business group (DBG) and follow AML and CFT regulations. For example, Sharesies and Hatch are not licensed or authorised by the FMA, but they are DBGs.
2. Crypto assets
Cryptoassets, which can be cryptocurrencies, digital assets or initial coin offerings (ICOs), are not directly regulated in New Zealand. However, the structure of a crypto asset product or service might fall under the framework of another licensed activity, such as issuing derivatives, operating a market or managing investments. In 2017 the FMA stepped in to stop an ICO promoted by an Auckland teenager who was deemed to "inflated some of the claims of his website's success by a factor of 10,000" in a bid to raise money from unsuspecting investors.
3. Banks, building societies, credit unions and insurance providers
The RBNZ regulates banks, insurance providers and non-bank deposit takers in New Zealand. The FMA is not directly involved in the supervision of banks, although they play a crucial role in the financial markets.
4. Credit and debt
Consumer credit and debt products are regulated by the Commerce Commission, which is responsible for supervising the conduct of creditors and investigating wrongdoing. Consumer finance products include credit cards, store cards, hire purchases, buying goods or services on credit, or getting cash loans.
5. Buying and selling a property
While real estate is a vital asset for building generational wealth, real estate transactions are not regulated by the FMA. Instead, they are regulated by the Real Estate Authority.
1. Brokers
Brokers offering direct market access to products listed on regulated exchanges, such as stocks and exchange-traded funds, do not need to be licensed, but they may need to register with the FMA as a designated business group (DBG) and follow AML and CFT regulations. For example, Sharesies and Hatch are not licensed or authorised by the FMA, but they are DBGs.
2. Crypto assets
Cryptoassets, which can be cryptocurrencies, digital assets or initial coin offerings (ICOs), are not directly regulated in New Zealand. However, the structure of a crypto asset product or service might fall under the framework of another licensed activity, such as issuing derivatives, operating a market or managing investments. In 2017 the FMA stepped in to stop an ICO promoted by an Auckland teenager who was deemed to "inflated some of the claims of his website's success by a factor of 10,000" in a bid to raise money from unsuspecting investors.
3. Banks, building societies, credit unions and insurance providers
The RBNZ regulates banks, insurance providers and non-bank deposit takers in New Zealand. The FMA is not directly involved in the supervision of banks, although they play a crucial role in the financial markets.
4. Credit and debt
Consumer credit and debt products are regulated by the Commerce Commission, which is responsible for supervising the conduct of creditors and investigating wrongdoing. Consumer finance products include credit cards, store cards, hire purchases, buying goods or services on credit, or getting cash loans.
5. Buying and selling a property
While real estate is a vital asset for building generational wealth, real estate transactions are not regulated by the FMA. Instead, they are regulated by the Real Estate Authority.
FMA vs The Financial Services Provider Register (FPSR) vs Disputes Resolution Schemes (DRS) - What's the Difference?
FPSR:
DRS (New Zealand dispute resolution schemes):
- The Financial Services Provider Register (FSPR) was established in 2008. The purpose of the register is to provide a public and easily searchable database of financial services providers.
- The FSPR is managed by the Companies Office, not the FMA, and does not grant permission to operate a regulated business. Financial services companies licensed by the FMA must be registered on the FSPR, bar a few rare exceptions.
- However, companies listed on the FSPR are not necessarily licensed or authorised.
- Some activities, particularly services that are only provided to wholesale clients, such as other businesses, don’t need to be licensed but still need to be registered as an FSP.
- The FSPR only mandates that a company be incorporated in New Zealand, follow local business laws, file annual reports to the registrar, and ensure the shareholders and directors maintain clean criminal records, are considered fit and proper, remain solvent and disclose any political associations.
- The FSPR was established with the dispute resolution scheme (DRS). Some FSP and FMA-licensed companies need to be a member of a DRS. A prerequisite to joining a DRS is registering with the FSPR.
DRS (New Zealand dispute resolution schemes):
- A dispute resolution scheme is responsible for resolving disputes between consumers and financial services providers.
- If you encounter an issue, your first port of call should be to make an official complaint to your financial services provider. If they do not resolve your dispute, the next step is to submit a complaint to their DRS.
- Not everyone can complain via a DRS. Only individual customers of an FSP or small organisations with 19 or fewer full-time equivalent employees can complain to a DRS.
- There are four approved DRSs in New Zealand - Banking Ombudsman (BOS), Insurance and Financial Services Ombudsman (IFSO), Financial Services Complaints Ltd (FSCL) and the Financial Dispute Resolution Service (FDR).
- Each DRS is specialised in specific financial services. If your FSP is not a member of a DRS, then you can submit your complaint to the FMA.
Frequently Asked Questions
If an FSP is unregulated or exempt, does it mean they behave however they want?
No. Even if an FSP is not regulated by the FMA or offers an exempt service, there are still rules. For example, they might still be required to follow the fair dealing rules, provide product disclosures, submit reports and follow AML rules.
What is the financial services provider register?
The financial services provider register, or FSPR, is a public directory of companies providing financial services in New Zealand. A company listed on the FSPR does not mean they are regulated or authorised to provide financial services.
Are cryptocurrencies regulated in New Zealand?
The FMA has published a lot of guidance on crypto assets, including cryptocurrencies. While there are some regulations related to AML/CFT obligations, fair dealing and product disclosures, there isn’t a licensing process tailored for crypto-related products and services. However, some crypto-assets may be categorised as other activities that require authorisation, such as operating a financial market or issuing derivatives.
How to complain about a financial services provider?
If you need to complain about a New Zealand FSP, you should first take your complaint to the company and follow their official complaints procedure. If your complaint is not resolved satisfactorily, your next step is to complain to their dispute resolution scheme. Almost every financial services provider needs to be a member of a dispute resolution scheme which is usually a condition of their FMA licence.
