Financial Markets Conduct Act 2013

Governance of financial products - Governance of managed investment products - Role of manager

150: Restriction on use of reports on contraventions

You could also call this:

"Reports on mistakes can't be used against you in court, except if the report is false."

Illustration for Financial Markets Conduct Act 2013

If you are a manager, you might have to write a report about something that has gone wrong. This report is not allowed to be used as evidence against you in a criminal court case, unless the case is about whether your report was false. You can find more information about when you have to write this report in section 149. This rule helps protect you when you are writing a report about something that has gone wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5155253.


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149: Duty of manager to report contravention or possible contravention of issuer obligations, or

"Managers must report if they break or might break rules to the supervisor or Financial Markets Authority."


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151: Duty of manager to report serious financial problems, or

"Managers must report big money problems to supervisors or the Financial Markets Authority."

Part 4Governance of financial products
Governance of managed investment products: Role of manager

150Restriction on use of reports on contraventions

  1. A report provided by a manager under section 149 is not admissible as evidence in a criminal proceeding against the manager, except in a criminal proceeding that concerns the falsity of the report.