Life Insurance Act 1908 No 105 (as at 01 May 2011), Public Act

Reprint as at 1 May 2011

Life Insurance Act 1908

Public Act1908 No 105
Date of assent4 August 1908

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Justice


Contents

Title

1 Short Title, etc

Part 1
Life insurance companies

2 Interpretation

3 Companies to make deposits

3A Deposits by holding companies or subsidiaries in certain cases

4 Voluntary deposits

4A Compensation for lost deposits

5 Income from deposits

5A Securities may be disclosed in statement of financial position of company making deposit

6 Deposits may be withdrawn and others substituted

6A Increase of deposits where securities have depreciated

7 Value of approved securities

8 Securities to be held in trust for policyholders in New Zealand

8A Application of Securities by Public Trust

9 Public Trustee to make periodical report, showing as to each company the value of the securities deposited, and the present value of policies charged thereon [Repealed]

10 Certificate of incorporation not to be given to companies till deposit made

11 Withdrawal of voluntary deposits

12 Withdrawal of compulsory deposits

13 After notice given of withdrawal of compulsory deposit, company not to carry on business

13A Remuneration of Public Trust

14 Deposits by foreign companies [Repealed]

15 Life funds separate

16 Statements to be made by companies

17 Statements by company doing other than life business

17A Statements to be audited

18 Actuarial report and abstract

19 Statement of life and annuity business

20 Forms may be altered

21 Requirements as to statements and abstracts

22 Statements and abstracts to be examined by chief executive

23 Copy of statement to be given to shareholders, etc

24 List of shareholders

25 Deed of settlement to be printed

26 Documents may be inspected

27 Documents to be received in evidence

28 Non-compliance with this Part of Act

29 Falsifying statements, etc

30 Liquidation

30AA Transitional provisions applying to winding up of companies

30A Liquidator to value policies in liquidation

30B Liquidator to make distribution to policyholders

31 Power of Court to reduce contracts

32 Notices to policyholders

33 Statements, etc, to be laid before Parliament

34 General agent to be appointed

34A Persons authorised to accept service on behalf of overseas companies

35 Policy to contain certain statements

36 Penalty for non-compliance

36A Overseas business

37 When contracts valid

38 Companies may be prohibited from transacting business in certain cases

39 Fines, how to be recovered

40 Exception [Repealed]

Part 1A
Judicial management of companies

40A Court may appoint judicial manager

40B Moratorium

40C Prohibition against removal of assets

40D Management of company to vest in judicial manager

40E Revocation of order appointing judicial manager

40F Functions of judicial manager

40G Powers of judicial manager

40H Report of judicial manager to be filed

40I Transfer of business pursuant to scheme of transfer

40J Scheme of transfer may provide for reduction of policies

40K Public Trust to transfer securities on approval of scheme

40L Judicial manager may apply to have company put into liquidation

40M Provisions applying to recommendation by judicial manager that business of company be continued

40N Judicial manager may apply to Court for directions

40O Indemnity

40P Expenses of judicial management

40Q Termination of judicial management

Part 2
Life insurance policies

41 Interpretation

41A Interest payable from 91st day after date of death

Assignments and mortgages of policies

42 Company not affected by notice of trust

43 Registration of transfer of policy

44 Form and registration of mortgages

45 Covenants, etc, implied in mortgages

46 Several mortgages may be registered

47 Registration of mortgage after advances by the company

48 Mortgagee when selling may execute assignment

49 Company or purchaser not affected by notice of improper sale, etc

50 How mortgages discharged

51 How discharges registered

52 How title to policy acquired by bankruptcy, etc, registered

53 Registration, etc, of assignment of mortgages

54 Secretary before registering may require proof of signatures

55 Registration may be ordered by Court

56 Date of registration

57 Secretary to keep record of registrations

58 Notice of unregistered dealings not to affect company or purchasers

59 Provision for lost or destroyed policies or instruments

60 Courts may enforce equities

61 Fee for registration

62 Reversion of assigned policy in certain case [Repealed]

63 Applying surrender value to keep policy in force

Protection of policies

64 Policies to be kept in force by surrender value

65 Policies protected from bankruptcy, etc. Policy money not liable for debts or legacies [Repealed]

66 Policies protected [Repealed]

Insurance of minors

66A Insurance by minor who is under the age of 10 years

66B Insurance by minor who is of or over the age of 10 years

66C Dealings by minors with policies

66D Presumption in respect of policies issued and dispositions made

67 Insurance on life of minor who is under the age of 16 years

67A Endowment insurances on lives of minors

Limitations on payments in respect of death of minors

67B Limitation on total amount of payments where deceased minor under the age of 10 years

67C Limitation on persons to whom payments may be made where deceased minor under the age of 16 years

67D Company to supply statement in respect of limitations

67E Offences

68 Certain policies excluded from the operation of last preceding section [Repealed]

Money payable under a policy for benefit of minors, etc

69 Money payable to Public Trust

70 Powers of Public Trust receiving money

71 Trustee may apply money of minors, etc, for their maintenance, etc

72 Payment to trustee a valid discharge to company

73 How insurance money received by trustee may be invested

74 Income not required for maintenance, etc, to be capitalised

Insurances by minors

75 Insurances by minors and dealings by minors with policies [Repealed]

Insurances by married women

75A Wife may insure her own or her husband's life for her own benefit

76 Conditions on which payments may be made without requiring probate or administration [Repealed]

Provisions as to settlement policies under repealed Acts

77 Provisions as to settlement policies

Annual statement, etc, by company

78 Company to furnish annual statements of all its policies

78A Minister may alter form

79 Separate statements of New Zealand business

79A Secretary of Commerce may require further information

80 Penalty for non-compliance with Act

Schedule 1
Enactments consolidated

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6
Statement respecting the valuation of the liabilities under life policies and annuities of the   , to be made by the actuary

Schedule 7
Statement of the life assurance and annuity business of the       , on the       , 19   

Schedule 8
Ordinary transfer*

Schedule 9
Memorandum of registration of assignment

Schedule 10
Assignment by way of a surrender to the company liable under the policy

Schedule 11
Mortgage

Schedule 12
Memorandum of registration of mortgage on policy

Schedule 13
Memorandum of registration of mortgage on mortgage

Schedule 14
Covenants, powers conditions, and agreements to be implied in mortgages not being mortgages to the company liable under the policy mortgaged

Schedule 15
Covenants, powers, conditions, and agreements to be implied in mortgages to the company liable under the policy mortgaged

Schedule 16
Memorandum of discharge of mortgage

Schedule 17
Memorandum of registration of discharge of mortgage on a policy

Schedule 18
Memorandum of registration of discharge of mortgage on mortgage

Schedule 19
Memorandum of registration on policy of title otherwise than by way of assignment

Schedule 20
Statement of policies of [Name of company] as at year ended 19   

Schedule 21
Memorandum of assignment of policy otherwise than by way of ordinary transfer to be endorsed on policy

Schedule 22
Memorandum of mortgage of policy to be endorsed on policy

Schedule 23
Memorandum of discharge of mortgage or policy to be endorsed on policy

Schedule 24
Table of deposits required of companies carrying on business in New Zealand on 26 July 1974

Public Finance Amendment Act 2004

Reprint notes


An Act to consolidate certain enactments of the General Assembly relating to life insurance