Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Regulation of client money or property services - Conduct obligations

431ZA: Provider must exercise care, diligence, and skill

You could also call this:

"Be careful and skilled when looking after someone's money or property"

Illustration for Financial Markets Conduct Act 2013

When you provide a service that involves looking after someone's money or property, you must be careful and skilled. You need to do what a sensible person would do in the same situation. This means you have to exercise care, diligence, and skill, just like someone who is prudent and experienced in providing the same service would do. You can find more information about this by looking at the Financial Markets Conduct Act 2013 and the changes made by the Financial Services Legislation Amendment Act 2019.

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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=LMS465979.


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431Z: Application of conduct obligations, or

"Rules to follow when handling people's money or property in financial services"


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431ZB: Provider must not receive client money if offer contravenes Act or regulations, or

"Don't pay a provider if their product doesn't follow the law."

Part 6Licensing and other regulation of market services
Regulation of client money or property services: Conduct obligations

431ZAProvider must exercise care, diligence, and skill

  1. A provider must, when providing a regulated client money or property service, exercise the care, diligence, and skill that a prudent person engaged in the business of providing the service would exercise in the same circumstances.

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Notes
  • Section 431ZA: inserted, on , by section 29 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).