Deposit Takers Act 2023

Enforcement - Power to accept undertakings

150: What undertaking may include

You could also call this:

"What a promise to fix a problem can include"

Illustration for Deposit Takers Act 2023

When you look at what an undertaking can include, you find it can have some specific parts. An undertaking is like a promise that a deposit taker or person makes to do something. You might promise to pay compensation to someone or take action to fix a problem.

You might have to take action to address the cause of a contravention, which is when someone breaks a rule, or to remedy or mitigate the consequences of that contravention. This means you have to try to fix what went wrong or make it less bad. You might also have to pay an amount to the Bank instead of getting a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS497397.


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149: When undertaking is enforceable, or

"When the Bank says they accept your promise, it becomes a rule you must follow"


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151: Undertakings that include payment of money, or

"Paying money as part of a promise to the law"

Part 5Enforcement
Power to accept undertakings

150What undertaking may include

  1. An undertaking may include (without limitation) an undertaking from the deposit taker or person to—

  2. pay compensation to any person; or
    1. take specified action to address the cause, or to remedy or mitigate the consequences, of a contravention (or likely contravention) of a prudential obligation, or to ensure that the contravention does not occur or recur; or
      1. pay an amount to the Bank in lieu of a pecuniary penalty.