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Ombudsmen Act 1975

Miscellaneous provisions

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to help when laws change"

Illustration for Ombudsmen Act 1975

The Ombudsmen Act 1975 has some extra rules that help when laws are changed. You can find these rules in the Ombudsmen Act 1975 under section 2A. These rules are called transitional, savings, and related provisions.

Some companies can still use certain names even after the law changed. For example, Banking Ombudsman Scheme Limited can still use "Banking Ombudsman" in its name. Insurance & Financial Services Ombudsman Scheme Incorporated can also keep using "Insurance & Financial Services Ombudsman" in its name.

If the Chief Ombudsman agrees, Financial Services Complaints Limited can use the name "Ombudsman" too. This is allowed under section 28A(1) of the Ombudsmen Act 1975. You can read more about this in the Ombudsmen (Protection of Name) Amendment Act 2020.

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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.

Topics:
Government and voting > Government departmentsMoney and consumer rights > Banking and loansMoney and consumer rights > Consumer protection
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33: Repeals, amendment, and savings, or

"Changes to old laws: what's happening to them and how it affects you"

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

"Government organisations you can complain to the Ombudsman about"

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).