Financial Markets Conduct Act 2013

Dealing in financial products on markets - Market manipulation

268: Defence

You could also call this:

"Saying you didn't break the trading rules because you had a good reason"

Illustration for Financial Markets Conduct Act 2013

If you are taken to court for breaking a rule about trading financial products, you have a defence. You can say you did not break the rule if you traded the products or offered to trade them in a way that is normally accepted and for a good reason. This defence can be used if you are accused of breaking section 265.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091383.


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267: Persons treated as contravening false or misleading appearance of trading prohibition, or

"Breaking rules by making fake trades to trick people"


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269: Criminal liability for false or misleading appearance of trading, or

"Breaking rules that make trading look fake can lead to big trouble and fines."

Part 5Dealing in financial products on markets
Market manipulation

268Defence

  1. In any proceeding against a person (A) for contravention of section 265, it is a defence if the trading in the financial products occurred, or the offer to trade was made, in conformity with accepted market practices and for a proper purpose.

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