Deposit Takers Act 2023

Preliminary provisions

4: Principles to be taken into account under this Act

You could also call this:

"Key rules the Bank must follow when making decisions about banks and other deposit-takers"

Illustration for Deposit Takers Act 2023

When the Bank is making decisions under this Act, it must think about some important principles. The Bank must consider what is desirable, such as taking a proportionate approach to regulation and supervision. You can think of this as the Bank being fair and reasonable when it is supervising deposit-takers.

The Bank must also think about being consistent when treating similar institutions, and making sure there are many different types of institutions that can provide financial products and services to New Zealanders. This means the Bank wants to make sure all deposit-takers are treated fairly and that people have lots of choices when it comes to banking. The Bank must consider the need to keep competition going in the deposit-taking sector.

The Bank must think about not making unnecessary costs for deposit-takers to follow the rules. It must also be aware of what other countries are doing to supervise deposit-takers and consider guidance from international organisations. You can find more information about some of these risks in section 3(2)(d).

The Bank must consider the importance of deposit-takers being well-managed and making good decisions about their money and risks. It must also think about making sure depositors have access to information that will help them make good decisions about investing in debt securities issued by deposit-takers. This means the Bank wants to make sure people who put their money in the bank have the information they need to make good choices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS469454.


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3: Purposes, or

"What the Deposit Takers Act 2023 is trying to achieve to help keep New Zealand's financial system safe and stable."


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5: Overview, or

"A law to keep your money safe in banks and other places you deposit it."

Part 1Preliminary provisions

4Principles to be taken into account under this Act

  1. In achieving the purposes of this Act, the Bank must take into account the following principles that are relevant to the performance or exercise of the functions, powers, and duties conferred or imposed on the Bank:

  2. the desirability of—
    1. taking a proportionate approach to regulation and supervision; and
      1. consistency in the treatment of similar institutions; and
        1. the deposit-taking sector comprising a diversity of institutions to provide access to financial products and services to a diverse range of New Zealanders:
        2. the need to maintain competition within the deposit-taking sector:
          1. the need to avoid unnecessary compliance costs:
            1. the desirability of maintaining awareness of, and responding to,—
              1. the practices of overseas supervisors that perform functions in relation to any licensed deposit taker or any holding company of any licensed deposit taker; and
                1. guidance or standards of international organisations:
                2. the desirability of ensuring that the risks referred to in section 3(2)(d) are managed (including long-term risks to the stability of the financial system):
                  1. the desirability of sound governance of deposit takers:
                    1. the desirability of deposit takers effectively managing their capital, liquidity, and risk:
                      1. the desirability of depositors having access to timely, accurate, and understandable information to assist them to make decisions relating to debt securities issued by deposit takers.