(1) This Act applies to people who are in the business of providing a financial service.
(2) The following people are not financial service providers to whom this Act applies:
(a) a lawyer in the course of that person’s professional practice as a lawyer if the financial service is a necessary incident of legal practice:
(b) a chartered accountant in the course of that person’s professional practice as a chartered accountant if the financial service is a necessary incident of professional accounting practice:
(c) a tax agent in the course of that person's professional practice as a tax agent if the financial service is a necessary incident of tax practice:
(d) a real estate agent in the course of that person's professional practice as a real estate agent if the financial service is a necessary incident of real estate practice:
(e) the government departments listed in Schedule 1 of the State Sector Act 1988:
(f) the Reserve Bank of New Zealand (and any subsidiaries):
(g) the statutory entities listed in Schedule 1 of the Crown Entities Act 2004:
(h) any person engaged in terminating the business of a financial service provider after that provider has been deregistered:
(i) a non-profit organisation in respect of free financial services:
(j) an affiliated entity (except to the extent that the entity may be required to be registered under the Financial Advisers Act 2008):
(k) a trustee of a family trust in respect of financial services provided by the trustee to the beneficiaries of that trust:
(l) an employee, controlling owner, or director of a person listed in any of paragraphs (a) to (j) (while acting as an employee, controlling owner, or director):
(m) an employee, controlling owner, or director of a registered financial service provider (while acting as an employee, controlling owner, or director).
(3) This Act does not apply with respect to financial services provided between related companies.