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Financial Markets Conduct Act 2013

Governance of financial products - Registers and keeping copies of documents - Registers

225: Restriction on use of information in registers

You could also call this:

"Don't use register information to contact people or share it with others who might."

Illustration for Financial Markets Conduct Act 2013

When you get information about someone from a register, you must not use it to contact them or send them things. You also must not share this information if you know it will be used to contact the person. You are not allowed to use this information for certain purposes, like those that are prescribed, or for a different reason than what was stated when the information was requested, unless it is about you. If you request information about yourself, the rules about using the information for a different purpose do not apply to you, as stated in section 223(1) and section 224(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091250.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rulesRights and equality > Privacy
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224: Reasons for request must be given and FMA may authorise non-compliance, or

"You must say why you want information from a register and the FMA can allow delays."

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226: Certain provisions prevail over Companies Act 1993, or

"Some Financial Markets Conduct Act rules are more important than Companies Act rules"

Part 4Governance of financial products
Registers and keeping copies of documents: Registers

225Restriction on use of information in registers

  1. A person must not—

  2. use information about a person obtained from a register kept under this subpart to contact or send material to that person; or
    1. disclose information of that kind knowing that the information is likely to be used to contact or send material to the person.

        1. Example

        An example of using information to send material to a person is putting a person's name and address on a mailing list for advertising material.

      1. Subsection (1) does not apply if the use or disclosure of the information is—

      2. relevant to the holding of the interests recorded in the register or the exercise of the rights attaching to those interests; or
        1. approved by the issuer that keeps the register.

          1. A person must not—

          2. use information obtained from a register kept under this subpart—
            1. for any prescribed purpose; or
              1. in the case of a request under section 223(1), for any purpose other than the purpose disclosed in the statement under section 224(1); or
              2. disclose information of that kind knowing that the information is likely to be used for any such purpose.

                1. Subsection (3)(a)(ii) does not apply to a person who makes a request under section 223(1) for information about that person.