Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Overview of civil liability

485: What are civil liability provisions

You could also call this:

"Rules to keep people honest with money and finances"

Illustration for Financial Markets Conduct Act 2013

In this part of the law, a civil liability provision refers to several types of rules. You will find these rules in different parts of the Financial Markets Conduct Act, such as fair dealing, offers, governance, market provisions, and services provisions. These rules also include provisions about financial reporting, climate-related disclosures, and failing to comply with orders from the Financial Markets Authority, as stated in section 479(1), as well as some transitional requirements outlined in clause 21, 22(1)(b) or (c), 25, or 39 of Schedule 4.

You can think of civil liability provisions as rules that help keep people and companies honest when dealing with financial markets. If someone breaks these rules, they might have to face consequences. The rules are in place to protect you and others who interact with financial markets.

When you look at the law, you will see that it mentions specific sections and clauses, such as section 479(1) and clause 21, which provide more details about what these provisions entail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091703.


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Part 8Enforcement, liability, and appeals
Civil liability: Overview of civil liability

485What are civil liability provisions

  1. In this subpart, a civil liability provision is—

  2. a Part 2 fair dealing provision:
    1. a Part 3 offer provision:
      1. a Part 4 governance provision:
        1. a Part 5 market provision:
          1. an unsolicited offer provision:
            1. a Part 6 services provision:
              1. a Part 7 financial reporting provision:
                1. a Part 7A climate-related disclosure provision:
                  1. section 479(1) (failing to comply with FMA's orders):
                    1. clause 21, 22(1)(b) or (c), 25, or 39 of Schedule 4 (transitional requirements).
                      Compare
                      Notes
                      • Section 485(ga): inserted, on , by section 13 of the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 (2021 No 39).