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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Appeals

532B: Orders as to publication of names

You could also call this:

"The court can stop people from sharing someone's name or private details in certain cases."

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When you appeal a decision under section 532A, the District Court can stop people from publishing the name or details of a financial adviser or another person's affairs if it thinks that is the right thing to do. The court considers the interests of anyone involved, including keeping a complainant's privacy, when making this decision. The court also thinks about what is best for the public.

The court makes its decision based on what it believes is proper. You might be affected by the court's decision if you are involved in the appeal. The court's decision is important for everyone involved.

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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=LMS465997.

Topics:
Crime and justice > Courts and legal helpBusiness > Industry rulesMoney and consumer rights > Banking and loansRights and equality > Privacy
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Part 8Enforcement, liability, and appeals
Appeals

532BOrders as to publication of names

  1. On an appeal under section 532A, the District Court may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a financial adviser or any other person.

  2. In deciding whether to make an order, the court must have regard to—

  3. the interests of any person (including, without limitation, the privacy of any complainant); and
    1. the public interest.

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      Notes
      • Section 532B: inserted, on , by section 46 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).