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Ombudsmen Act 1975

Miscellaneous provisions

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for organisations using the 'Ombudsman' name during changes"

Illustration for Ombudsmen Act 1975

You are looking at a schedule called Transitional, savings, and related provisions. This is part of the Ombudsmen Act 1975. The schedule has rules about names that some organisations can use. It talks about the Ombudsmen (Protection of Name) Amendment Act 2020. You will see that some organisations are allowed to keep using certain names. This includes the Banking Ombudsman Scheme Limited and the Insurance & Financial Services Ombudsman Scheme Incorporated. They can use their current names or new names if they restructure. There are also rules about Financial Services Complaints Limited using the name Ombudsman. If the Chief Ombudsman agrees, they can use this name even after the Amendment Act starts. The Chief Ombudsman's agreement is important for this to happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS323907.

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Government and voting > Government departmentsMoney and consumer rights > Banking and loansMoney and consumer rights > Consumer protection
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"Changes to old laws and what happens next"

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Schedule 1: Public service agencies and organisations to which this Act applies, or

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1AATransitional, savings, and related provisions Empowered by s 2A

1Provisions relating to Ombudsmen (Protection of Name) Amendment Act 2020

1Interpretation

  1. In this Part, Amendment Act means the Ombudsmen (Protection of Name) Amendment Act 2020.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 6 of the Ombudsmen (Protection of Name) Amendment Act 2020 (2020 No 3).

2Savings provision for Banking Ombudsman Scheme Limited

  1. Despite the enactment of the Amendment Act, the entity known as Banking Ombudsman Scheme Limited is entitled to continue to use Banking Ombudsman in—

  2. its current name; and
    1. any new name arising from a restructure of that entity.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 6 of the Ombudsmen (Protection of Name) Amendment Act 2020 (2020 No 3).

      3Savings provision for Insurance & Financial Services Ombudsman Scheme Incorporated

      1. Despite the enactment of the Amendment Act, the entity known as Insurance & Financial Services Ombudsman Scheme Incorporated is entitled to continue to use Insurance & Financial Services Ombudsman in—

      2. its current name; and
        1. any new name arising from a restructure of that entity.

          Notes
          • Schedule 1AA clause 3: inserted, on , by section 6 of the Ombudsmen (Protection of Name) Amendment Act 2020 (2020 No 3).

          4Savings provision in respect of application by Financial Services Complaints Limited to use Ombudsman

          1. This clause applies if the Chief Ombudsman consents (whether before or after the commencement of the Amendment Act) to FSCL’s application under section 28A(1) of the Ombudsmen Act 1975 to use the name Ombudsman.

          2. If this clause applies, FSCL may use Ombudsman in its name in accordance with the consent given by the Chief Ombudsman as if the Amendment Act had not been enacted.

          3. In this clause, FSCL means Financial Services Complaints Limited, the appellant in the proceedings that were the subject of the judgment of the Court of Appeal reported in Financial Services Complaints Limited v Chief Ombudsman [2018] NZCA 27.

          Notes
          • Schedule 1AA clause 4: inserted, on , by section 6 of the Ombudsmen (Protection of Name) Amendment Act 2020 (2020 No 3).