Legislation

The FMA has certain powers granted by legislation, to monitor compliance, investigate, and take enforcement action against conduct that may constitute a contravention of legislation, where it applies to financial market firms and individuals. This section explains the Financial Markets Conduct Act 2013 and other legislation we enforce.

Legislation in New Zeland as overseen by the FMA

Financial Markets Conduct Act

The Financial Markets Conduct Act 2013 (FMC Act) lays the groundwork for us to provide high-quality regulation in capital markets and financial services here in New Zealand. It is the largest statutory change in our financial markets in at least 30 years and ensures regulation keeps pace with investor and business expectations.

Conduct of Financial Institutions (CoFI) legislation

The Financial Markets (Conduct of Institutions) Amendment Act 2022 amends the Financial Markets Conduct Act 2013 to ensure financial institutions treat consumers fairly. It is designed to protect consumers by putting the consumer at the forefront of institutions’ decisions and actions.

Financial Advice Regime

The laws governing financial advice in New Zealand have changed. As part of the changes, the three adviser types – Registered Financial Adviser (RFA), Authorised Financial Adviser (AFA) and QFE adviser have been removed – and all advisers need to meet the same standards and are subject to a Code of Professional Conduct for Financial Advice Services.

All legislation overseen by the FMA

We oversee a range of financial markets legislation.