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Financial Markets Conduct Act 2013

Governance of financial products - Intervention in debt securities offered under regulated offer or registered schemes - Provisions assisting supervisor or FMA to intervene

201: Protections extend to volunteers of supporting information for other protected disclosures

You could also call this:

"Helping someone who made a complaint is protected by law if you do it to genuinely help."

Illustration for Financial Markets Conduct Act 2013

If you volunteer to give extra information to support someone who has made a protected disclosure, you are protected under the law. This means that if you are an employee of a person or company that someone has made a complaint about, and you want to help by giving more information, you are covered by the law, as explained in Section 214. You must give this information in good faith, meaning you genuinely want to help, and you must want to help so that a serious problem can be investigated.

You can give this extra information to the person or group that received the original complaint, or to the person who made the complaint. If you do this, you are volunteering supporting information. You must do this because you want to help, not because you have to.

However, if you are forced to give this information because of a law or agreement, or if someone asks you for it during an investigation, then you are not volunteering it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091220.

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Part 4Governance of financial products
Intervention in debt securities offered under regulated offer or registered schemes: Provisions assisting supervisor or FMA to intervene

201Protections extend to volunteers of supporting information for other protected disclosures

  1. Section 214 (protected disclosure) applies to a disclosure that is supporting information volunteered by a person under this section.

  2. A person volunteers supporting information under this section if the person—

  3. is an employee of a person in respect of whom a protected disclosure is made by another person under this Act; and
    1. provides information, in support of that other protected disclosure, to—
      1. the supervisor or the FMA (whichever receives the other protected disclosure); or
        1. the person who made the disclosure; and
        2. makes the disclosure in good faith; and
          1. wishes to provide the supporting information so that a serious problem can be investigated.

            1. However, an employee does not volunteer supporting information under this section if the employee provides the supporting information only after being—

            2. required to do so under any enactment, rule of law, or agreement for the purposes of the investigation; or
              1. approached during the course of the investigation by, or on behalf of, the FMA or any other person investigating the matter.