Legal and regulatory review for the life and health insurance sector

29 Apr 2021 – The international Financial Action Task Force released its latest Mutual Evaluation Report on New Zealand’s Anti-money Laundering and Counter-terrorist Financing Measures. https://www.fatf-gafi.org/publications/mutualevaluations/documents/mer-new-zealand-2021.html

29 Apr 2021 – The IRD released the corrected Special report on the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021. https://taxpolicy.ird.govt.nz/publications/2021/2021-sr-arferm-act

30 Apr 2021 - Minister of Commerce and Consumer Affairs, Hon David Clark, March 2021 diary released with the following potential financial services sector related meetings noted:

  • 3 Mar 2021 – ASB (Vittoria Short, CE & Gavin Walker, Chair)
  • 3 Mar 2021 – Banking Ombudsman Event (Video conference – various attendees not listed)
  • 8 Mar 2021 – Payments NZ (Steve Wiggins, Chief Executive, Jane Retimana, GM Strategy and Corporate Affairs, Jamie Wood, Manager Clearing Systems, Sarah Hensen, General Counsel and Company Secretary)
  • 9 Mar 2021 - FinCap and NZBA Event (Speaking)
  • 11 Mar 2021 – IAG (Bryce Davies, Executive Manager Corporate Relations)
  • 17 Mar 2021 – Farmers Mutual Group (FMG) (Chris Black, CE, Dave Kibblewhite, Chief Financial, Investment & Risk Officer and Lisa Murray, Head of Compliance, Risk Quality, and General Counsel FMG)
  • 17 Mar 2021 – Financial Services Federation General Meeting (Speaking)
  • 17 Mar 2021 – Suncorp (David Flacks, Chair, Jimmy Higgins, CE, Suncorp NZ; Chris Curtain, CE, AA Insurance; Adrian Tulloch, MD Vero Liability Insurance, Hon Clayton Cosgrove)
  • 18 Mar 2021 – Tower Insurance (Blair Turnbull - CEO)
  • 24 Mar 2021 – ANZ (Sir John Key, Chair, Antonia Watson, CEO)
  • 24 Mar 2021 – BNZ (Doug McKay, Chair, Angela Mentis CE BNZ)
  • 24 Mar 2021 – Ando Insurance (John Lyon, CE Ando Insurance)
  • 24 Mar 2021 – Commission for Financial Capability (Jane Wrightson, Retirement Commissioner)
  • 30 Mar 2021 – Financial Markets Authority (FMA Chair, CE)
  • 30 Mar 2021 – Financial Markets Authority Board (FMA Board)
  • 31 Mar 2021 – Christians Against Poverty (Sam Garaway, CE, Francis Okapaleke, External Engagement Manager)
  • 31 Mar 2021 – Kiwibank (Steve Jurkovich, CE)
  • 31 Mar 2021 – Westpac (CE David McLean; Chair: Jon Dawson)

Weblink to the diary release https://www.beehive.govt.nz/sites/default/files/2021-04/Hon%20Dr%20David%20Clark%20Proactive%20Diary%20Release%20March%202021_0.pdf

28 Apr 2021 – Privacy Commissioner published commentary on its website titled, “That was close! How to respond when you narrowly avoid a serious privacy breach.” https://privacy.org.nz/blog/how-to-respond-privacy-breach/

29 Apr 2021 – RBNZ announced that the RBNZ has joined the Bank of Canada and the Reserve Bank of Australia forming a voluntary network to foster ongoing dialogue and raise awareness of Indigenous economic and financial issues. https://www.rbnz.govt.nz/news/2021/04/te-putea-matua-becomes-inaugural-member-of-new-international-central-bank-network

29 Apr 2021 – Treasury and the Ministry of Housing and Urban Development (HUD) proactively released Cabinet material and advice relating to the Government’s Housing Package announced on 23 March 2021. https://www.treasury.govt.nz/news-and-events/news/housing-package-proactive-release


Legal and regulatory update for the life and health insurance sector - UPDATED

15 Apr 2021 – Privacy Commissioner’s Office released updated guidance on privacy impact assessments, seen as an essential part of many projects and proposals, and able to be used to identify potential risks. https://www.privacy.org.nz/publications/guidance-resources/privacy-impact-assessment/

15 Apr 2021 – Commission for Financial Capability announced the release of the National Strategy for Financial Capability 2021-2024 and the formation of an umbrella group to boost money know-how. https://cffc.govt.nz/news-and-media/news/new-umbrella-group-to-boost-money-know-how/

14 Apr 2021 – Following on from recent consultation, FMA released its guidance on managed fund fees and value for money. This was released together with a submissions report and a republished version of the KiwiSaver performance fees guidance. https://www.fma.govt.nz/news-and-resources/media-releases/kiwisaver-value-for-money/

Most of us have absolutely no issue with the FMA providing guidance on KiwiSaver fees, as Clause 2 of Schedule 1 of the KiwiSaver Act 2006 states that KiwiSaver fees must not be unreasonable. However, the extension of guidance to all Managed Investment Schemes, perhaps even in the future to other financial products under its watch too, possibly under the general conduct provisions, may cause some providers - and even insurers - to wonder just how extensive the FMA role in future pricing may become. Balancing the benefit of a public guardian of the concept of value for money against the benefit of a functioning marketplace and the diversity of offering and innovation that it can offer is therefore certain to be a continuing conversation. It will be interesting to see how industry responds to this prospect. 

14 Apr 2021 – The latest FMA update advised that the FMA had updated the content on its website covering insider trading. https://www.fma.govt.nz/investors/resources/insider-trading/

14 April 2021 – The latest FMA update also reminded Financial Advisers to check their Financial Advice Provider has linked to them on the Financial Service Providers Register, noting that Financial Advisers not shown as linked to a licensed Financial Advice Provider, or authorised body, by 16 June this year may face deregistration if they offer no other services.


Legal and regulatory review for the life and health insurance sector

22 Feb 2021 – Privacy Commissioner released new guidance in relation to Privacy Principle 12 for sending personal information overseas, with the guidance in the form of two new interactive online tools to help organisations and businesses understand what they need to do. https://www.privacy.org.nz/publications/statements-media-releases/new-guidance-for-sending-personal-information-overseas/

19 Feb 2021 – RBNZ announced amended dates for statistical releases as follows:

Survey

Series

Original date

New publication date

New mortgage commitments - LVR

C30-35

29 January

19 February


Bank balance sheet
 

C5, C50-52, S10-41

29 January

23 February

Non-bank lending institutions

T1, T4, T11, T21,
T31

29 January

23 February


Legal and regulatory review for the life and health insurance sector

18 Feb 2021 – Privacy Commissioner newsletter confirmed that Privacy Week 2021 will take place 10-14 May 2021.

18 Feb 2021 – The former Minister of Commerce and Consumer Affairs, Hon Faafoi, released his diary for September 2020, being the final full month before the election held on 17 Oct, with the following potential financial services sector related meetings noted:

  • 1 Sept 2020 - Meeting with Hon Little, NZX and FMA (Mark Peterson and Rob Everett)
  • 15 Sept 2020 – Meeting with FMA (Mark Todd, Rob Everett and Edwin Mitson)

https://www.beehive.govt.nz/sites/default/files/2021-02/Hon%20Kris%20Faafoi%20-%20Proactive%20Diary%20Release%20-%20September%202020%20.pdf

17 Feb 2021 – FMA media release stating that the FMA fears Chinese New Zealanders are under-reporting investment scams. https://www.fma.govt.nz/news-and-resources/media-releases/under-reporting-investment-scams/


Legal and regulatory update for the life and health sector

2 Feb 2021 – Privacy Commissioner released his 2020 briefing to the incoming Minister of Justice and issued more privacy guidance on contact tracing registers. Web links to each release are available at https://www.privacy.org.nz/publications/reports-to-parliament-and-government/2020-briefing-to-the-incoming-minister-of-justice/ and https://www.privacy.org.nz/blog/more-privacy-guidance-on-contact-tracing-registers/


Legal and regulatory update for the life and health insurance sector

27 Jan 2021 – Privacy Commissioner announced that he will virtually chair an international Computer Privacy and Data Protection conference over 27-29 Jan, commencing NZ time 5 p.m. on Thursday, 28 Jan, with a live stream available. https://www.privacy.org.nz/resources-2/forums-and-seminars/computer-privacy-and-data-protection-conference-cdcp/

28 Jan 2021 - FMA released its review of NZX technology issues finding the stock exchange failed to meet its licensed market operator obligations due to insufficient technology resources. NZX also released a response to the FMA review. Relevant FMA and NZX web links are https://www.fma.govt.nz/news-and-resources/media-releases/fma-releases-review-of-nzx-technology-issues/ and https://www.nzx.com/announcements/366811

28 Jan 2021 – RBNZ released the results of a research report showing the Māori economy is increasingly diverse and opportunities remain for it to continue growing and reach its full potential. https://www.rbnz.govt.nz/news/2021/01/e-hauora-ana-e-matahuhua-ana-te-ohanga-maori-e-ai-ki-nga-rangahau


Legal and regulatory update for the life and health insurance sector

21 Dec 2020 – Privacy Commissioner Annual Report released. https://www.privacy.org.nz/publications/corporate-reports/annual-report-of-the-privacy-commissioner-2020/

21 Dec 2020 – Commerce Commission published a Statement of Issues relating to an application from Aon plc seeking clearance to acquire Willis Towers Watson Public Limited Company as part of a global transaction. Submissions close on 26 January 2021, with cross-submissions due no later than close of business 2 February 2021. The Commission is currently scheduled to make a decision on the application by 26 February 2021. https://comcom.govt.nz/case-register/case-register-entries/aon-plc-and-willis-towers-watson-public-limited-company

21 Dec 2020 – FMA released CPA Australia and NZICA accredited body reports, containing the findings of the FMA’s monitoring assessments of CPA Australia and NZICA for the period 1 July 2019 to 30 June 2020. https://www.fma.govt.nz/news-and-resources/media-releases/cpa-australia-nzica-accredited-body-reports/


Partners Life introduce Unhappily Ever After, and more daily news

Partners Life has announced the launch of the second phase of the Get Life Right campaign. The new campaign, titled Unhappily Ever After, is designed to open a dialogue about risk. Actor Dave Fane narrates the messages of financial risk in a nursery rhyme style. The campaign aired on the 29th of November and is expected to be aired on different media channels. It is always a challenge to find a way to tastefully yet assertively remind people that bad things happen and insurance has to be bought before. This approach combines a little seriousness, a little unpleasantness (after all, it's a cautionary tale), and a little humour. 

“That’s where ‘Unhappily Ever After’, our second wave of campaign material comes in. We have taken a number of classic nursery rhymes, had them beautifully animated and narrated by NZ Actor Dave Fane (Sione’s Wedding, Eagle vs Shark, Bro’Town, Outrageous Fortune) and turned into irreverent, cheeky tales about why Kiwis should be thinking more regularly about their financial risks.  Not only do Nursery rhymes take people back to their childhood, but they often have a dark origin which lends nicely to conveying our message that unexpected things do indeed happen.

The first Unhappily Ever After spot (Humpty Dumpty) launched on TV last night - If you didn’t catch it, you can watch this first video here or by clicking the image above. Make sure you keep your eyes and ears open over the coming months for this campaign, as we will be on TV, Radio, Online Streaming, Spotify, iHeartRadio and Social.”

In other news

From Goodreturns: Privacy and process why it is crucial to your business

Cigna: Cigna policy enhancements and new adviser toolkit announced

From Goodreturns: Why life expectancy has improved – and how much further we can go?


Legal and regulatory update for the life and health insurance sector

30 Nov 2020 - Reserve Bank invited feedback on scope of the Insurance Prudential Supervision Act (IPSA) 2010 and associated Insurer Solvency Standards, releasing two consultation papers, with submissions closing on both papers on 18 Feb 2021. The Reserve Bank will be hosting a webinar to discuss the consultations on Monday 14 December. To express your interest in participating, email rbnz-info@rbnz.govt.nz Link to the announcement at https://www.rbnz.govt.nz/news/2020/11/reserve-bank-invites-feedback-on-scope-of-insurance-act-and-structure-of-solvency-standards

26 Nov 2020 - Health Funds Association of New Zealand (HFANZ) and the Financial Services Council (FSC) today announced a merger into one single organisation under the Financial Services Council banner from 1 December 2020, creating a membership association of close to 90 organisations. https://www.fsc.org.nz/site/fsc1/201126%20Health%20Funds%20Association%20of%20NZ%20to%20merge%20with%20the%20Financial%20Services%20Council.pdf

26 Nov 2020 – IRD tax policy website included information and a link to the Minister of Revenue’s speech to CAANZ on 19 Nov 2020, outlining the Government’s tax priorities in the short term. https://www.beehive.govt.nz/speech/keynote-address-chartered-accountants-australia-and-new-zealand-conference

27 Nov 2020 - NZX confirmed plans to create an Information Technology (IT) working group that will include leading representatives from across the capital markets’ technology ecosystem. https://www.nzx.com/announcements/364053

27 Nov 2020 – Privacy Commission website included a new post on transitioning from Privacy Act 1993 to Privacy Act 2020. https://www.privacy.org.nz/blog/transitioning-from-the-privacy-act-1993-to-the-privacy-act-2020/