The focus of this article is the enforcement powers of New Zealand's new financial markets conduct regulator, the Financial Markets Authority (FMA). The article traces a shift from an enforcement regime reliant on private enforcement towards a robust public enforcement regime, and considers some of the implications of that shift. In the process, an overview of the enforcement debate is provided. Taking a cue from the scholarship on responsive regulation and the concept of "enforcement pyramids", it compares the enforcement regime prior to the establishment of the FMA to the new framework. In particular, the article discusses the extended regime for enforceable undertakings, the FMA's power to commence or take over civil proceedings, the infringement notice regime, the licensing regimes for financial intermediaries, and civil and criminal liability under the upcoming Financial Markets Conduct Act. The article concludes that New Zealand has finally moved from a light touch regulatory approach towards an enforcement regime that should facilitate a responsive, proactive approach to regulation.

This is the ninth edition of CCH's popular company and securities law guide, reviewed and updated by commercial law lecturers from the University of Auckland. Since the previous edition was published, there have been significant law changes and judgments given, including: introduction of criminal offences for breach of certain directors' duties new statutory regime for the regulation of financial markets conduct revised financial reporting regime Supreme Court decisions on voidable transactions This edition explains these changes and more. Students, practitioners and business people will find this Guidebook an indispensible, easy-to-read and informative aid to understanding a changing and complex area of law.

This Technical Note assesses regulation and oversight of financial market infrastructures (FMIs) in New Zealand. The regulatory and oversight framework for FMIs in New Zealand is undergoing a major reform. The Reserve Bank of New Zealand and the Financial Markets Authority (FMA) currently lack sufficient legal powers to identify and address risks building up in FMIs, partly because the regime is voluntary and the authorities do not have the appropriate toolkit to pursue their oversight objectives. It is recommended that supervisory practices be formalized and staff resources increased. The role of the FMA should be further clarified.

This Technical Note assesses regulation and oversight of financial market infrastructures (FMIs) in New Zealand. The regulatory and oversight framework for FMIs in New Zealand is undergoing a major reform. The Reserve Bank of New Zealand and the Financial Markets Authority (FMA) currently lack sufficient legal powers to identify and address risks building up in FMIs, partly because the regime is voluntary and the authorities do not have the appropriate toolkit to pursue their oversight objectives. It is recommended that supervisory practices be formalized and staff resources increased. The role of the FMA should be further clarified.

This Technical Note presents an assessment of Regulation, Supervision and Systemic Risk Monitoring in New Zealand. The overall regulatory framework for asset management is well developed, but would benefit from some enhancements to prevent the buildup of risks. The provision of custody services does not require a license in New Zealand, and custodians therefore fall outside the direct supervision of the Financial Markets Authority (FMA). They are neither subject to prudential requirements nor to ongoing supervision by any other authority. Given that custodians perform key functions regarding safeguarding investors’ assets, the government should require that these entities be licensed and subject to ongoing supervision by the FMA.

New Zealand Financial Markets Legislation is a comprehensive set of key financial markets legislation for practitioners, business and regulatory compliance people. This book contains key financial markets statutes, regulations and exemption notices.

"New Zealand Financial Markets Legislation is a comprehensive set of key financial markets legislation for practitioners, business and regulatory compliance people. The book contains relevant statutes, regulations, notices and orders incorporating amendments enacted up to 1 January 2016. The new financial markets legislation represented a complete overhaul of the previous securities/financial markets laws. These are the laws governing offers of securities (such as shares, unit trusts, derivatives and KiwiSaver products) and conduct on the financial markets). The new laws have been progressively phased in from 1 April 2014 and the transitional period is due to end on 1 November 2016. The book includes the detailed regulations which support the new regime, including the amendment regulations made in December 2015. The book also includes both individual and class exemption notices, so readers have a complete picture of the regulatory framework."--Wolters Kluwer NZ website.

Seminar paper from the year 2014 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A-, University of Auckland, course: Corporate Governance, language: English, abstract: Since the financial crisis in 2008 there is no doubt about the fact that the evolving financial markets are essential for economic growth, employment and prosperity. Those markets serve as financing means for the business world and consumers benefit from the availability of a wide range of financial products and the additional advantages that those markets entail (higher pensions and lower mortgage costs). However, if those financial markets want to continue to contribute both to economy and society, the promotion of a good, integer and transparent functioning of those markets is essential. The proper functioning of the financial markets is largely dependent on the confidence of investors in those markets. The fact that investors ‘must be placed on an equal footing’ is the underlying principle on which this confidence is based. Market participants must be assured to always have access to a minimum set of information before making their investment decisions. In this context, transparency plays an important role. The price of a financial instrument is always the result of the available financial information. And to have proper price formation, it is essential that all the stakeholders have equal access to the relevant information as much as possible. A lot of regulations have already been introduced in this area. Yet, the effectiveness of those regulations can be questioned. For example, directors can make use of certain non-public information to trade in securities. They abuse their superior knowledge and consequently other investors regard this as unfair trading. Due to those unfair practices, other potential investors will turn their back to the financial markets. Insider trading is likely to undermine the investors’ confidence in the market and may jeopardise the proper functioning of the market. Therefore insider trading should be prohibited. But in most cases, law enforcement authorities face difficulties in proving the offenses. Hence, insider trading is a social evil and remains difficult to combat. This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU.This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU. In the end, it will be clear that the fundamental differences between the three jurisdictions remain off.

2011 Updated Reprint. Updated Annually. New Zealand Banking & Financial Market Handbook