Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Defences for person in contravention of civil liability provisions

500: Disclosure defences for person in contravention

You could also call this:

"Breaking a finance rule: when you can say you didn't know or did your best"

Illustration for Financial Markets Conduct Act 2013

If you break a rule under the Financial Markets Conduct Act 2013, you might have a defence. You can use this defence if you are taken to court for saying something that is false or misleading. You must prove you made all the reasonable inquiries and you believed what you said was true.

If you are taken to court for not including some information in a disclosure document, you can use this defence too. You must prove you made all the reasonable inquiries and you believed the information was included. This defence can help you if you did not know something was missing.

You can also use this defence if you break a rule because of something that happened, and you did not know about it. You must prove you were not aware of the matter to use this defence. This can help you if you are taken to court under section 82 of the Financial Markets Conduct Act 2013.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702261.


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Part 8Enforcement, liability, and appeals
Civil liability: Defences for person in contravention of civil liability provisions

500Disclosure defences for person in contravention

  1. In any proceeding under this subpart against a person (A) for a contravention of section 82, 99, 427(2) or (6), 431P, or 431Y or clause 27 of Schedule 1 because of a statement that is false or misleading or that is likely to mislead, it is a defence if A proves that A—

  2. made all inquiries (if any) that were reasonable in the circumstances; and
    1. after doing so, believed on reasonable grounds that the statement was not false or misleading.
      1. In any proceeding under this subpart against a person (A) for a contravention of section 82, 99, 427(2) or (6), 431P, or 431Y or clause 27 of Schedule 1 because of an omission from a disclosure document or register entry in relation to a particular matter, it is a defence if A proves that A—

      2. made all inquiries (if any) that were reasonable in the circumstances; and
        1. after doing so, believed on reasonable grounds that there was no omission from the disclosure document or register entry in relation to that matter.
          1. In any proceeding under this subpart against a person (A) for a contravention of section 82 because of a circumstance referred to in section 82(1)(a)(iii), it is a defence if A proves that A was not aware of the matter.

          Notes
          • Section 500(1): amended, on , by section 40 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).
          • Section 500(2): amended, on , by section 40 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).