be registered for that service under this Part; and

if required by section 48, be a member of an approved dispute resolution scheme.

in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $100,000, or to both; or

in the case of a person who is not an individual, to a fine not exceeding $300,000.

hold out that the person is registered under this Act unless that person—

hold out that the person is registered under this Act in respect of a particular service unless that person—

hold out that the person is entitled, qualified, able, or willing to be in the business of providing a financial service to persons in New Zealand unless that person—

in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $100,000, or to both; or

in the case of a person who is not an individual, to a fine not exceeding $300,000.

a person (A) is registered for a financial service referred to in section 5(1)(a) to (c), (e), (ia)(ii) or (iii), (ib) to (id), (l), (m), or (ma); and

A also provides a financial service referred to in section 5(1)(d), (f), (g), (h), (i), (ia)(i), (j), or (k), but only in the ordinary course of providing the service for which A is registered as referred to in paragraph (a); and

regulations provide for this section to apply in the circumstances in which A provides the service; and

A complies with the terms and conditions (if any) prescribed for the purposes of this section.

is not required to be registered for the financial service referred to in subsection (1)(b); and

is not prevented from holding out that A is entitled, qualified, able, or willing to be in the business of providing that financial service.

the person is not disqualified under section 14; and

if a licensing enactment requires the person to be a licensed provider, the person is, or will be (on and from commencing to be in the relevant business), a licensed provider.

in the case of an individual, the individual is disqualified under subsection (2); or

in the case of a person who is not an individual, the person has a controlling owner, director, or senior manager who is disqualified under subsection (2).

an undischarged bankrupt, or a person who has a substantially similar status in a country, State, or territory outside New Zealand:

a person prohibited from being a director or promoter of, or concerned in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

a person subject to a management banning order under the Financial Markets Conduct Act 2013, the Takeovers Act 1993, or subject to an order under section 108 of the Credit Contracts and Consumer Finance Act 2003:

a person who is prohibited from 1 or more of the following under an order made, or a notice given, under a law of a country, State, or territory outside New Zealand that is prescribed for the purposes of section 151(2)(eb) of the Companies Act 1993:

a person who has been convicted of an offence against section 11, 12, or 41 within the past 5 years:

a person who, within the past year, has been deregistered, or been a director or senior manager of an entity that has been deregistered, under section 18(1)(ca):

a person who has been convicted of a crime involving dishonesty as defined in section 2(1) of the Crimes Act 1961 within the past 5 years:

a person who has been convicted within the past 5 years, in a country, State, or territory outside New Zealand, of an offence that is substantially similar to an offence specified in paragraph (e):

a person who has been convicted of a money laundering offence or an offence relating to the financing of, or provision of material support for, terrorism, whether in New Zealand or elsewhere:

a person who is subject to a forfeiture order under the Criminal Proceeds (Recovery) Act 2009 or to a substantially similar order in a country, State, or territory outside New Zealand.

state the following (as relevant to the applicant):

if the applicant is applying to be registered under section 22C, state whether the applicant is engaged by a financial advice provider (B) to give regulated financial advice on B’s behalf and, if so, B’s name and business address; and

be in the form (if any) required by the Registrar; and

confirm that the applicant is not disqualified under section 14; and

contain, or be accompanied by, any other prescribed information or documents; and

be accompanied by the prescribed fee or levy (if any).

creating, or causing the creation of, a false or misleading appearance with respect to the extent to which A—

otherwise damaging the integrity or reputation of—

comply with subsection (4); and

if, having considered any submission received under subsection (4), the FMA remains of the view that the applicant should be prevented from being registered, direct the Registrar to reject the application in accordance with section 16(2); and

give its reasons for that direction.

give the applicant—

consider any submissions received in accordance with paragraph (a)(iii).

enter the following details on the register (as relevant to the provider):

notify the provider of the Registrar’s decision; and

require the provider to notify the Registrar, within 10 working days from receiving notification under paragraph (aa), of the name and business address of, and of the provider’s membership number in, the approved dispute resolution scheme of which the provider is a member (if the provider is required, by section 48, to be a member of a scheme); and

allocate a due date for the provider’s annual confirmation, notify the provider of that date, and notify that date on the register.

the person is in the business of providing a financial service to persons in New Zealand; or

any other matter referred to in section 7A applies in respect of the person.

a financial service provider, if—

the licensing authority, if the licensing authority knows that a financial service provider has ceased to be licensed:

the person responsible for an approved dispute resolution scheme of which a financial service provider was a member, if the person knows that the provider is no longer a member of that scheme, in which case the person responsible must also notify the Registrar of the following matters:

a financial advice provider, if the provider engages a financial adviser:

a financial advice provider that is recorded on the register as having engaged a financial adviser, if the financial adviser is no longer engaged by the provider.

is no longer qualified to be registered in accordance with section 13; or

has failed to notify the Registrar of the name, business address, and membership number, as required by section 16(1)(ab); or

is required by section 48 to be a member of an approved dispute resolution scheme but is not a member of any such scheme as required; or

at any time after the expiry of 3 months after registration, is not in the business of providing a financial service or is otherwise no longer required to be registered under section 11; or

has made a representation to the Registrar or the FMA that is false or misleading in any material particular in connection with obtaining or maintaining its registration under this Act or any other matter relating to this Act (for example, false information about the extent to which the person is in the business of providing a financial service); or

has failed to comply with a duty provided for under regulations made under section 44(1)(bb) and (bc) or has otherwise failed to provide any material information that it is required to provide by or under this Act, and the Registrar is satisfied that the failure is serious after having regard to the matters set out in subsection (1AB); or

has proffered an application fee or annual confirmation fee or levy that has subsequently been dishonoured, declined, or reversed.

must have regard to—

may have regard to any other matters that the Registrar thinks relevant.

the FMA gives a direction under section 18B(3)(c)(i); or

the FMA gives a direction under section 469(2)(a) or (b) of the Financial Markets Conduct Act 2013; or

the disciplinary committee gives a direction under clause 46(3)(a) or (b) of Schedule 5 of the Financial Markets Conduct Act 2013.

creating, or causing the creation of, a false or misleading appearance with respect to the extent to which A—

otherwise damaging the integrity or reputation of—

may, but is not required to, consider a referral under section 18(1A); and

may otherwise consider giving a direction under this section at its own discretion (if a referral has not been made).

give the financial service provider—

consider any submissions received in accordance with paragraph (a)(iii); and

either,—

give its reasons for the direction or advice, as the case may be.

that the Registrar intends to deregister the provider under section 18(1) (stating whichever paragraph applies); and

the reasons why the Registrar considers the relevant paragraph in section 18(1) applies; and

that there is a notice period before deregistration occurs during which the provider may object, under section 20, to the deregistration.

the financial service provider, stating the provider’s right of appeal to the High Court against the deregistration under section 42; and

any relevant licensing authority; and

the public, by a notice that is publicly available on an Internet site (at all reasonable times) for not less than 20 working days.

on the grounds set out in section 18(1)(b) if the Registrar is satisfied that, at the time of deregistration, the financial service provider was in the business of providing a financial service and was required to be registered under section 11; or

on the grounds set out in section 18(1)(d) if the Registrar is satisfied that the application fee or annual confirmation fee or levy has been paid.

the financial service provider; and

any relevant licensing authority; and

the public, by a notice that is publicly available on an Internet site (at all reasonable times) for not less than 20 working days.

for the period specified in the direction; or

until A meets the conditions specified in the direction (but, in any case, not for a period of more than 12 months).

A may not be deregistered in respect of the financial advice service under section 18(1)(b) on the basis that A is no longer required to be registered under section 11; and

section 18(1)(b) applies to A in respect of that service only if—

A is engaged by a financial advice provider to give regulated financial advice on the provider’s behalf; and

C is a client of that provider; and

A gives financial advice to C.

an individual (A) is registered under section 22C; but

for a continuous period of at least 3 months (or a longer period that applies under subsection (4)), A has not been engaged by any financial advice provider to give regulated financial advice to retail clients on the provider’s behalf.

that, in 1 or more types of circumstances specified in the regulations, a period longer than 3 months applies under subsection (1)(b) (instead of the 3-month period):

that the period that applies in particular circumstances is a period specified in the regulations or is a period determined on a case-by-case basis by the Registrar:

for how the Registrar determines the period that applies.

if the Registrar considers that it is not practical to provide access to the register; or

for any other reason that is prescribed by regulations made under this Act.

to enable the public and any person referred to in paragraph (b) to—

to enable the public to otherwise access information to assist members of the public to make decisions relating to the provision of financial services; and

to assist any person in the exercise of the person’s powers or the performance of the person’s functions or duties under this Act or any other enactment; and

to conform with New Zealand’s obligations under the FATF Recommendations.

the registered financial service provider’s name and business address:

the name and business address of the approved dispute resolution scheme of which the registered financial service provider is a member:

the type or types of financial service for which the registered financial service provider is registered:

in relation to a licensed provider,—

if the provider (A) is registered under section 22C, a statement as to whether A is engaged by a financial advice provider (B) to give regulated financial advice on B’s behalf and, if so, B’s name and business address:

any other information prescribed in regulations.

a request for information has been made by the Registrar under this Act in relation to that person; or

the Registrar or the FMA is considering any matters relating to the deregistration of that person under this Act.

be in the form (if any) required by the Registrar and be accompanied by the prescribed fee (if any) and any levy payable by the provider; and

confirm that the provider is not disqualified under section 14; and

contain, or be accompanied by, any other prescribed information or documents.

an annual confirmation contains information that is different from the information entered on the register (where the Registrar is satisfied that the situations described in section 18(1) do not apply); or

a financial service provider informs the Registrar of information that is different from the information entered on the register (where the Registrar is satisfied that the situations described in section 18(1) do not apply); or

a licensing authority informs the Registrar that a registered financial service provider has become a licensed provider in relation to a particular licensed service; or

a financial advice provider notifies the Registrar of a change under section 17(1)(d) or (e); or

the Registrar is satisfied at any time that the amendment is necessary or desirable for the purpose of ensuring that the register is consistent with the information on the New Zealand Business Number Register established under the New Zealand Business Number Act 2016; or

the Registrar is satisfied at any time that the register contains a typographical error or a mistake, or omits information supplied to the Registrar; or

regulations made under this Act require the Registrar to do so in circumstances specified by the regulations.

is not in the required form (if any); or

does not comply with prescribed requirements.

by an individual, or a person with the consent of the individual, for the purpose of searching for information about that individual in accordance with the Privacy Act 2020:

by a person for a purpose referred to in section 26:

by a person for the purpose of advising another person in connection with any of the purposes referred to in this section.

holds (other than on the register) in relation to the exercise of the Registrar’s powers or the performance of the Registrar’s functions and duties; and

considers may assist the person or body in the exercise of its powers or the performance of its functions and duties.

the Financial Markets Authority:

the Reserve Bank of New Zealand:

any other licensing authority identified in Schedule 2:

the New Zealand Police:

the person responsible for an approved dispute resolution scheme:

the Commerce Commission:

the disciplinary committee:

the Registrar of New Zealand Business Numbers appointed under the New Zealand Business Number Act 2016:

a prescribed agency that carries out supervisory or enforcement functions relating to money laundering or terrorist financing:

a prescribed overseas agency that is the equivalent of the Registrar or of a body referred to in paragraphs (a) to (c), but only where there is a written agreement between the overseas agency and the Minister about sharing the information.

must be in writing; and

may be made subject to any restrictions and conditions the Registrar thinks fit; and

is revocable at any time, in writing; and

does not prevent the performance or exercise of a function, duty, or power by the Registrar.

provides a financial service to persons in New Zealand as referred to in section 7A(1)(a); or

is in the business of providing a financial service in breach of section 11; or

is holding out or has held out that the person is in the business of providing a financial service in breach of section 12; or

is qualified or has been qualified to be registered in accordance with section 13; or

is ordinarily resident in New Zealand; or

has a place of business in New Zealand; or

is in the business of providing a financial service; or

has made a false or misleading representation or omission in breach of section 41.

requiring a person to produce for inspection relevant documents within that person’s possession or control:

ascertaining whether information provided to the Registrar is correct:

requiring a person, in relation to information provided to the Registrar, to—

specifying—

inspecting and taking copies of relevant documents:

taking possession of relevant documents and retaining them for a reasonable time for the purpose of taking copies.

produce a relevant document relating to another person; or

confirm that information provided by another person is correct, or correct that information, if A is reasonably able to give that confirmation or to make that correction.

in the case of an individual, to a fine not exceeding $30,000:

in the case of a person who is not an individual, to a fine not exceeding $300,000.

in the case of an individual, to a fine not exceeding $30,000:

in the case of a person who is not an individual, to a fine not exceeding $300,000.

provides a financial service to persons in New Zealand as referred to in section 7A(1)(a); or

is in the business of providing a financial service or a particular financial service; or

is holding out or has held out that the person is in the business of providing a financial service in breach of section 12; or

is qualified or has been qualified to be registered in accordance with section 13; or

is ordinarily resident in New Zealand; or

has a place of business in New Zealand; or

is in the business of providing a financial service; or

has made a false or misleading representation or omission in breach of section 41.

the Registrar; or

the Minister; or

the chief executive; or

any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act.

in accordance with subsection (1); or

subject to the approval of the Registrar, with the consent of the person to whom it relates; or

subject to the approval of the Registrar, for the purposes of this Act; or

to the extent that the information, or information contained in the document or report, is available under any Act or in a public document.

the Registrar, or that authorised person, may continue to exercise the powers under that section as if no such appeal or application had been made; and

no person is excused from fulfilling an obligation under that section by reason of that appeal or application.

the Registrar must ensure that, as soon as is reasonably practicable after the court’s decision is delivered, any copy of a document taken or retained under section 37 is destroyed; and

no information acquired under section 37 is admissible in evidence in any proceedings unless the court hearing the proceedings in which it is sought to adduce the evidence is satisfied it was not obtained unfairly.

makes a representation knowing that it is false or misleading in a material particular; or

omits any matter knowing that the omission is false or misleading in a material particular.

in the case of an individual, to imprisonment for a term not exceeding 2 years or to a fine not exceeding $100,000, or to both; or

in the case of a person who is not an individual, to a fine not exceeding $300,000.

a decision not to register A as a financial service provider under section 16 or 22C:

a decision to deregister A under section 18:

a decision of the Registrar or a person authorised by the Registrar under section 37 to require A to do something.

confirm, modify, or reverse the decision or direction or any part of it:

exercise any of the powers that could have been exercised by the Registrar or the FMA in relation to the matter to which the appeal relates:

refer the decision or direction back to the Registrar or the FMA (as the case may be) with directions to reconsider the whole or a specified part of the decision or direction.

declaring a class of contract to be a contract of insurance for the purposes of this Act:

prescribing a financial service for the purposes of section 5(1)(ma) or (n):

prescribing circumstances for the purposes of section 7A(1)(d):

prescribing a threshold or thresholds for the purposes of section 7A(2)(c) and the circumstances in which that paragraph does not apply:

exempting any service or person or class of service or persons from the application of this Act, and prescribing the terms and conditions (if any) of the exemption:

providing for the circumstances in which section 12A applies and prescribing terms and conditions for the purposes of that section:

specifying information or documents to be included in, or provided with, applications or other documents required under this Act, and requiring documents to be signed by specified persons:

prescribing information to be provided under section 16(1A), the time or times at which that information must be provided, and other matters relating to the manner in which the information is provided:

specifying warnings or other information about, or in connection with, the registration of a financial service provider that must be included in advertising for the service, in information or documents provided to persons who receive or may receive the service, or otherwise in information or documents of the classes specified in the regulations (for example, a warning that registration does not mean that the provider is subject to active regulation or oversight):

prescribing the circumstances in which the duty referred to in paragraph (bb) applies and the manner in which the duty must be carried out:

providing for matters referred to in section 22D(4):

prescribing procedures, requirements, and other matters, not inconsistent with this Part or with the purposes described in section 26, relating to the register, including matters that relate to—

prescribing either of the following types of agency:

prescribing fees payable to the Registrar in respect of any matter under this Act or the manner in which fees may be calculated:

providing for any other matters contemplated by Part 1 or by this Part, necessary for its administration, or necessary for giving it full effect.

to promote 1 or more of the purposes of this Act as specified in section 2A, 9, or 47; and

to protect, or prevent damage to, the integrity or reputation of—

before making a recommendation, have regard to New Zealand’s obligations under the FATF Recommendations; and

not make the recommendation unless the Minister is satisfied that the costs of compliance with this Act would be unreasonable or not justified by the benefit of compliance.

the purpose of assisting any person in the exercise of the person’s powers or the performance of the person’s functions or duties under this Act or any other relevant legislation:

the purpose of assisting a Minister, a department of State, or the Reserve Bank of New Zealand in administering this Act or any other relevant legislation.

any licensing enactment:

any financial markets legislation:

the Credit Contracts and Consumer Finance Act 2003.

prescribe the method of payment of a fee; and

authorise the Registrar to refund or waive, in whole or in part and on any prescribed conditions, payment of a fee in relation to any person or class of persons.

the instrument granting the refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

the regulations must contain a statement to that effect.