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.

Kelly O Kelly O

Legal and regulatory update for the life and health insurance sector

21 March 2024 - Insurance Contracts Bill had first reading in Parliament. https://bills.parliament.nz/v/6/fcc98f82-e1f8-4aa4-6c02-08dc494421e8?Tab=history

25 March 2024 - The Reserve Bank of New Zealand has published an analytical note proposing improvements to the methodology used by the Reserve Bank of New Zealand  to assess labour market indicators of inflationary pressure. Measuring inflationary pressure from the labour market can be improved by watching a narrow set of four high-quality indicators: 1) the job transition rate (the share of workers switching between jobs), 2) the job vacancy-to-unemployment ratio, 3) the unemployment rate, and 4) a survey measure of labour as a limiting factor for business production. https://www.rbnz.govt.nz/hub/news/2024/03/improving-how-we-measure-inflationary-heat-in-the-labour-market

26 Mar 2024 - The Reserve Bank of New Zealand has published Guidance for our regulated entities on managing climate-related risks.  https://www.rbnz.govt.nz/hub/news/2024/03/guidance-issued-on-managing-climate-related-risks

26 March 2024 - The Financial Markets Authority has issued warnings to Southern Cross Medical Care Society (SCMCS) and Southern Cross Pet Insurance (SPCI) for failing to apply advertised discounts to each entities’ respective insurance products. The FMA is satisfied, and both entities accept, that they breached the fair dealing provisions of the Financial Markets Conduct Act by making false or misleading representations. The representations relate to the failure on each entities’ part to correctly apply advertised discounts to affected customers’ invoices, resulting in overcharged premiums. The FMA determined that the cause of each issue was due to poor controls and/or technical errors. 
SCPI made an initial report to the FMA in November 2022 disclosing some of the contraventions and later reported more details. Following these disclosures, further enquiries from the FMA and an internal review in the wider Southern Cross Group, the extent of the contraventions was established.

SCPI failed to correctly apply the following discounts:
Additional pet discount
Direct debit discount
Southern Cross membership discount.

SCMCS failed to correctly apply the following discounts:
Free child discount
Healthy lifestyle rewards discount
Low claims discount.


The total amount of SCPI premiums overcharged was $424,508, affecting 7,542 customers, approximately 1.28% of its customer base. SCMCS overcharged $161,547 across 1,957 customers, approximately 0.2% of its customer base. 

https://www.fma.govt.nz/news/all-releases/media-releases/fma-warns-southern-cross/

28 Mar 2024 - The Council of Financial Regulators has released an updated Regulatory Initiatives Calendar for the financial sector for Q1 2024. https://www.cofr.govt.nz/files/regulatory-initiatives-calendar/regulatory-initiatives-calendar-q1-2024.pdf

28 Mar 2024 - The FMA is warning the public to be cautious after fake documents claiming to be issued by the FMA were sent out as part of what appears to be a ‘recovery scam’ - where previous victims of financial crimes are targeted by criminals promising to help get lost money back. https://www.fma.govt.nz/library/warnings-and-alerts/

28 Mar 2024 - DIA encourages reporting entities to get RealMe verified before annual reports are due. From 1 July 2024, you’ll be able to file your AML/CFT annual report via AMLOnline. https://www.dia.govt.nz/AML-CFT-Get-your-RealMe-verified-early-this-annual-reporting-season

28 Mar 2024 - The FMA has said that overtime they will assess whether their regulatory framework needs strengthening to support better deployment of Generative Artificial Intelligence. https://www.fma.govt.nz/library/opinion/gen-ai/

28 Mar 2024 - The Commerce Commission sees "good reasons" to recommend designation of the interbank payment network to Commerce and Consumer Affairs Minister Andrew Bayly. https://www.interest.co.nz/banking/127024/commerce-commission-wants-more-influence-over-interbank-payments-potentially

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Commerce Commission says mortgage advisers at risk of being ‘unduly influenced’ by commissions

Controversy has arisen based on the back of some comments John Small, Commerce Commission chair has made around the mortgage advice sector, on the back of the Commerce Commission releasing a draft report from the market study on the banking sector that has recently been released.

Controversy has arisen based on the back of some comments John Small, Commerce Commission chair has made around the mortgage advice sector, on the back of the Commerce Commission releasing a draft report from the market study on the banking sector that has recently been released.

Small told journalists that he’s ‘not sure if you went to a mortgage broker that they would tell you’ about how they only work with certain banks and the different commissions advisers can receive, stating,

“From the broker's point of view, they will get different amounts of money from different banks. I'm not sure when you go to a mortgage broker that they would declare that to you.”

There has been a lot of feedback from mortgage advisers on the article posted on Good Returns, qualifying that they both state which banks they work with  and the fees they receive from each bank in their disclosure statements all clients receive.

We study disclosure documents and note that they are all good at disclosing the range of lenders that the mortgage adviser offers to clients. The information is in the public disclosure document and is clear. The range that most mortgage advisers have access to through their aggregator is usually extensive as well - they are subject to commercial pressures and operate under strong incentives to ensure that they have relationships with at least the main lenders. Most have longer lists. Although we cannot access robust statistical information on disclosure on specific fees and commissions once a preferred lender is established, we note that there is clear guidance on how to make effective commission disclosure. So it would be interesting to hear more details on the experiences are leading the Commerce Commission to this viewpoint. On the other hand, the comments about AML/CFT limiting access to even basic banking services ring true to many of us in the sector.

 

More daily news:

Financial Advice NZ central branch meeting 26 March, Palmerston North

The Financial Services Federation expresses support for the Commerce Commission’s draft report on banking services

Finance Minister Nicola Willis open to how Kiwibank can find more capital to better compete with big four banks

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Kiwis unsure of whether annual general health screening is necessary

Research by nib new Zealand has found that 47% of New Zealanders are behind on their general health checks.

Research by nib New Zealand has found that 47% of New Zealanders are behind on their general health checks. Worryingly, some people had never received important health screenings like dental checks (63%) and eye checks (55%). Despite New Zealand having one of the highest rates of melanoma in the world, 84% of kiwis surveyed were either not up to date with or had never received a skin check. Low rates of participation in national screening programs were also seen, with 60% behind on prostate cancer checks, 44% behind on cervical smears, 37% behind on bowel cancer screenings and 28% behind on breast cancer screenings. 43% of parents weren’t clear what health checks are appropriate for their children.

The biggest barriers to getting screened were uncertainty about which screening checks they need (38%), cost (36%), not experiencing any current health issues of concern (30%) and being anxious about what it could reveal (19%).

Despite the high numbers of respondents who were behind on proactive health screenings, 62% considered their health to be good, very good or excellent.

Rob Hennin, nib Chief Executive said

 “At nib we believe that taking a proactive approach to your health is critical to achieving better health outcomes and, in turn, living healthier and happier lives.”

“Our survey found that six in ten people were worried about their future health prospects, so there’s a clear disconnect between Kiwi’s perceptions of their own health and their willingness to address it. Health screenings are the key to catching potential illnesses early, which means you can get treatment, begin recovery, and return to normal life faster.”

nib are offering free general health checks to the Kiwi public with its Check-Up clinic stationed at Blues home games at Eden Park and around Auckland city. Locations can be found on nib New Zealand social channels.

The survey was conducted in December 2023 and questioned 1,000 people.

 

More daily news:

Clive Fernandes talks about AI's impact on financial advice

Jon-Paul Hale talks about the implications of passbacks and policy swaps

Expressions of interest open for Partners Life new adviser training course

nib Ultimate Health plans will cover many pre-existing conditions

nib Life and Living Insurance has $200 off

Entries for Insurance Business' Top Insurance Employers are open

AIA make AML document requirements easier

AIA health enhancements webinar 14 March

AIA put together resources for The Big Heart Appeal

Westpac Smarts webinar 28 March 'Attracting and Retaining Good Employees'

Tips for staying healthy while working from home

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Kelly O Kelly O

Legal and regulatory update for the life and health insurance sector

13 Dec 2023 - The Reserve Bank of New Zealand acknowledges the amended Remit for the Monetary Policy Committee (MPC) issued by the Minister of Finance. The MPC Remit sets the operational objectives for monetary policy. The amended Remit retains an inflation target of 1% to 3% over the medium-term, with a focus on the 2% mid-point, and removes the objective to support maximum sustainable employment. https://www.rbnz.govt.nz/hub/news/2023/12/monetary-policy-remit-amended

14 Dec 2023 - The Reserve Bank of New Zealand has issued a formal warning to Citibank N.A. New Zealand Branch (Citibank NZ) relating to the wire transfer identity requirements under the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009.   https://www.rbnz.govt.nz/hub/news/2023/12/citibank-nz-issued-formal-warning-under-aml-cft-act

14 Dec 2023 - FMA offices are closed from midday, Friday 22 December, and will reopen 8.30am, Monday 8 January 2024 https://www.fma.govt.nz/contact/christmas-2023-holiday-hours/

14 Dec 2023 - The FMA has censured Go Financial Solutions Limited for failing to comply with several obligations under its financial advice provider (FAP) licence.  Go Financial Solutions is a Christchurch-based FAP that provides advice on health, life and business insurance and mortgage lending. During a monitoring review earlier this year, the FMA found that Go Financial Solutions:

  • Had inadequate record keeping in relation to advice given to its clients

  • Failed to gather sufficient information about a client’s circumstances and was unable to demonstrate that recommendations made to clients were suitable 

  • Failed to ensure its clients understood the financial advice they received

  • Failed to exercise care, diligence and skill when providing financial advice to its clients. 

https://www.fma.govt.nz/news/all-releases/media-releases/fma-censures-go-financial-solutions/

14 Dec 2023 - The Australian Prudential Regulation Authority (APRA) has released the bi-annual life insurance institution-level statistics publication. https://www.apra.gov.au/news-and-publications/apra-releases-life-insurance-institution-level-statistics-0

14 Dec 2023 - APRA and ASIC have released an update to life insurers and friendly societies (life companies) on premium increases in the life insurance industry. https://www.apra.gov.au/news-and-publications/apra-and-asic-release-an-update-on-premium-increases-life-insurance-industry

15 Dec 2023 - Michele Embling, Chair of the External Reporting Board (XRB), has announced that the Climate-related Disclosures standards have now been published. https://www.xrb.govt.nz/news/latest-news/

15 Dec 2023 - ASIC today published its annual dashboard of regulatory costs for 2022-23 by activity for each sector and subsector under the industry funding model (IFM). https://asic.gov.au/about-asic/news-centre/news-items/asic-industry-funding-release-of-2022-23-annual-dashboard-and-summary-of-variances/

15 Dec 2023 - The Council of Financial Regulators has released an updated Regulatory Initiatives Calendar for the financial sector for Q4 2023. https://www.cofr.govt.nz/files/regulatory-initiatives-calendar/regulatory-initiatives-calendar-q4-2023.pdf

19 Dec 2023 - The Government is introducing and progressing under urgency a Bill to repeal the Taxation Principles Reporting Act 2023 https://www.beehive.govt.nz/release/government-introduces-taxation-principles-reporting-act-repeal-bill

19 Dec 2023 - Health Minister Dr Shane Reti is appointing a Crown observer to Health New Zealand – Te Whatu Ora https://www.beehive.govt.nz/release/crown-observer-be-appointed-health-new-zealand

19 Dec 2023 - The Climate Governance Initiative summarises the key pieces of information relevant to board directors from the UAE Consensus that was agreed in Dubai at the COP28 climate conference, to help directors understand the implications on business strategy and investment decisions. https://www.chapterzero.nz/news/cop28-key-outcomes-for-board-directors/

19 Dec 2023 - The Taxation Principles Reporting Act Repeal Bill had its First Reading https://bills.parliament.nz/v/6/9faa9e21-c7a9-4433-7e32-08dc003a05e3?Tab=history

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Q&A with Karty Mayne from Rosewill Consulting

We had the pleasure of talking to Karty Mayne, Director and Compliance Consultant at Rosewill consulting.

We had the pleasure of talking to Karty Mayne, Director and Compliance Consultant at Rosewill consulting.

What services does Rosewill Consulting provide?

Rosewill Consulting was set up with a mission to make compliance sexy! If we don’t think it is who will!

We provide Licensing and Compliance Services for financial services businesses. We also conduct independent audits and compliance reviews and provide specialist training. We have an online compliance and training system that has an extensive library of up-to-date professional development material.

 

What do you see as areas of focus in 2024?

Here are my top three…

  1. Newly licensed entities, such as Financial Advice Providers, Head Groups and other types of licensees will need to have a strong focus on implementation. Being regulated requires creating a workplan and delivering on it. Initial policies and procedures may have design flaws or not be sufficiently robust so this is an important time to make those key adjustments.

  2. On a wider scale, the world is facing ongoing increases in the nature and volume of cyber-attacks. Regulators such as the FMA have published a lot of guidance on this but from our experience regulated entities still need a lot of help in this area.

  3. The pace of regulatory change hasn’t slowed up at all. 2024 will introduce new obligations such as additional AML/CFT Regulation, Conduct Licensing, Deposit Takers Act and the review of the Insurance contract law to name a few. Plus, the Coalition government will surely be adding to this list.

 

Can you tell us a little bit about yourself and why you decided to start up Rosewill Consulting?

I was initially sceptical about moving into a risk and compliance role. However, I quickly learnt the importance of the role and the value it can add across an organisation. My time as a Regulator was an apprenticeship into all aspects of issues within financial services and gave me a broad insight to the challenges of all businesses, large and small. When I left, I wanted to share back what I had learnt to help strengthen the industry and provide a plain English perspective on governance, risk and compliance. 

 

What area of compliance do you think Financial Advice Providers (FAPs) need the most help with? Do you see any changes to this with the new government coming in?

From our experience, most FAPs and their advisers still don’t really know the extent of their new regulatory obligations. I expect that the FMA will start to publish guidance to assist FAPs with implementation and help them mature their approach to complying with the regime. The Conduct Licensing is a great addition for New Zealand as it helps us lift our game for product providers and is great for consumers. Hopefully, the government has other priorities and lets the industry get on with meeting the fair conduct principles.

 

Could you tell us a bit about what your compliance and governance courses cover?

Over the last few years, we have been running course and coaching new Compliance Officers. Often the person has been thrown in the deep end and needs to have both the theoretical and practical understanding of their role. This year we added a focus on oversight and ran practical governance and compliance courses. The blend of running both together means that the business owners/directors can work through responsibilities with their compliance person and come with clear workplan for 2024.

 

What is one thing you wish someone had told you when you were younger?

To follow your passion and back yourself. I always knew that I wanted to run my own business and now wish I had got underway sooner. In saying that, I have loved every company I have worked for and each has taught me so much. It’s always the people around you who make the difference. 

 

What’s the last book you read?

I just finished “Resurrection Walk” by Michael Connelly. It is part of a series about the characters of the Lincoln Lawyer Mickey Haller and Detective Harry Bosch. These books are now series on Netflix and so I had a resurgence of interest in reading the latest books! Easy holiday reading!

 Disclosure: Quality Product Research Limited has used the services of Rosewill Consulting Limited and found them to be excellent.

More daily news:

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George Crosby has been appointed as the new chief investment officer for ANZ Investments

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Chubb Life remove medical loading conditions on their 10% Lifetime Reward benefit

Chubb life have removed the medical loading conditions from their 10%…

Chubb Life have removed the medical loading conditions from their 10% Lifetime Reward benefit from 25 October 2023. This means all new Life, Life Income and Trauma insurance customers who, at the time of taking out an Assurance Extra or Assurance Extra Business policy have a healthy BMI measurement of between 18.5 and 24.99 and are non-smokers, qualify for the benefit. The 10% discount is guaranteed for the life of the customers policy and will be applied to the risk premium for the eligible covers. FAQ’s around the 10% Lifetime Reward benefit can be found here.

 

More daily news:

nib launches national adviser seminar series

Katrina Shanks named as new chief executive for ANZIIF

Katrina Shanks writes how people can apply the drawdown rules of thumb for retirement

Southern Cross Health Insurance announces panel of judges for Wayfarer awards

Southern Cross Healthcare recycles 10,000 disposal lens delivery systems

Financial Advice NZ webinar 'The business of merger and acquisition' 8 Nov

FSC announce group discounts for FSC24: Trans Tasman Strategic Leaders Summit

FSC's Workplace Savings End of Year Networking Function 7 November

FDRS Members' Forum and Annual General Meeting 31 Oct

Westpac suggests allowing mutual recognition of AML/CFT due diligence across banks

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Legal and regulatory update for the life and health insurance sector

25 Sep 2023 - FMA's latest '5 mins with the FMA' podcast #8: KiwiSaver Annual Report https://www.fma.govt.nz/library/podcast/5-mins-with-the-fma-podcast-8-kiwisaver-annual-report-2023/

25 Sep 2023 - NZ Police Financial Intelligence Unit released “The Suspicious Activity Report” for July/August 2023 https://www.police.govt.nz/sites/default/files/publications/fiu-monthly-report-jul-aug2023.pdf

25 Sep 2023 - ASIC is calling on Australian financial services and credit licensees (licensees) to ensure they remediate affected customers quickly and fairly, in line with ASIC’s guidance in Regulatory Guide 277 Consumer Remediation (RG 277). https://asic.gov.au/about-asic/news-centre/news-items/asic-calls-on-licensees-to-strengthen-remediation-procedures/

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Report that gives an overview of the New Zealand insurance market published

Duncan Cotterill’s ‘Covering the New Zealand Insurance market 2023’ report has been published, giving an overview of the current market and covering key issues facing insurers. Some key items of interest in the report include:

  • An article on ESG trends and mandatory climate reporting – who it applies to, what do CRE’s have to do, what reporting is required, phased implementation and penalties. They also discuss greenwashing and the recent amendment to The Companies Act 1993 that clarifies that directors can consider matters other than the maximisation of profit when considering the best interests of a company.

  • A discussion on the types of costs or losses usually covered by cyber insurance.

  • A discussion on the approach the Supreme Court has confirmed when interpreting exclusion clauses in insurance policies.

More daily news:

Jon-Paul Hale feels let down by insurers' service delivery

Fidelity Life extend their no policy fees offer to 31 March 2024

Financial Advice NZ webinar 'Proving product suitability - strategies, evidence & client engagement' 20 September

FinTechNZ Innovation Roundtable: Shaping Future Retail Payments 19 September

mySolutions webinar 'Manage your entire AML compliance from one platform' 9am 13 September

Southern Cross Healthcare announce a new partnership - the Southern Cross Healthcare Northland Surgical Centre

Australian advisers and stakeholders outline alternative solutions for life insurance remuneration

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Kelly O Kelly O

Legal and regulatory update for the life and health insurance sector

31 Aug 2023 - Pae Ora (Healthy Futures) (Improving Mental Health Outcomes) Amendment Bill introduced to Parliament. This bill amends the Pae Ora (Healthy Futures) Act 2022 to better enable the long-term planning and delivery that is required to improve mental health and addiction outcomes. https://bills.parliament.nz/v/6/955109f7-830e-4b94-2089-08dba9b9dfac?Tab=history

4 Sep 2023 - RBNZ publish Kerry Beaumont's speech '(Another) Seismic Shift in New Zealand: Banking regulatory reform - the Deposit Takers Act 2023" https://www.rbnz.govt.nz/hub/news/2023/09/evolving-financial-services-regulation-brings-rbnz-closer-to-international-best-practice

4 Sep 2023 - The Department of Internal Affairs has released a statement "If you have not filed your annual AML/CFT report by 31 August 2023, you are in breach of with your legal obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009." https://www.dia.govt.nz/AML-CFT-ITK-Annual-AML-CFT-reports-are-now-overdue.

4 Sep 2023 - The Financial Intelligence Unit (FIU) are running free goAML training sessions in Hamilton and Tauranga on Tuesday 19 September https://www.dia.govt.nz/AML-CFT-Free-GoAML-Training-for-Hamilton-and-Tauranga

5 Sep 2023 - A cross-sector thematic review of regulated entities’ governance practices by RBNZ and the FMA has highlighted the need for boards to be focused on continuous improvement to ensure future success. https://www.fma.govt.nz/news/all-releases/media-releases/rbnz-and-fma-governance-thematic-review-outlines-good-practices-and-areas-for-improvement/

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