Part 8Enforcement, liability, and appeals
FMA's enforcement powers: Direction orders
468When FMA may make direction orders
The FMA may make a direction order if it is satisfied that, by engaging in any conduct, a person (the relevant person) has contravened, or is likely to contravene,—
- a Part 2 fair dealing provision:
- a Part 3 offer provision:
- a Part 4 governance provision:
- a Part 5 market provision:
- a Part 6 services provision:
- a Part 7 financial reporting provision:
- a Part 7A climate-related disclosure provision:
- an infringement offence provision:
- an obligation under Schedule 3 or under a trust deed for a Schedule 3 scheme:
- clause 21, 22(1)(b) or (c), 25, or 39 of Schedule 4 (transitional requirements):
- a term or condition of an exemption granted under subpart 2 of Part 9 or an exemption from a licensing requirement under section 546(1)(c) to (cc).
If the FMA is satisfied that, by engaging in any conduct, the relevant person is likely to contravene a provision referred to in subsection (1) in the future, the FMA may make a direction order—
- whether or not the relevant person has previously contravened the provision; and
- whether or not there is an imminent danger of substantial damage to any person if the provision is contravened.
In this section, an infringement offence provision is a provision in respect of which a contravention is an infringement offence.
Notes
- Section 468(1)(fa): inserted, on , by section 10 of the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 (2021 No 39).
- Section 468(1)(j): amended, on , by section 15 of the Financial Markets (Conduct of Institutions) Amendment Act 2022 (2022 No 36).


