Deposit Takers Act 2023

Depositor compensation scheme - Preliminary provisions

194: When Bank may issue specified event notice

You could also call this:

"When a bank gets into trouble, the Bank can send out a special notice to warn people."

Illustration for Deposit Takers Act 2023

The Bank can issue a special notice about a deposit taker if certain things happen. You need to know what a deposit taker is, it's like a bank where you put your money. The Bank can issue this notice if the deposit taker is closed down, or if someone is appointed to take control of its assets.

The Bank can also issue this notice if the deposit taker is in trouble and the Bank thinks this will cause big problems for people who have money with the deposit taker. The Bank must think that issuing the notice is the best way to deal with these problems. The Bank has to publish the notice in the Gazette, which is like an official newspaper.

The notice must say when the Bank will work out how much money people can get back, this is called the quantification time. The quantification time cannot be before the event that caused the Bank to issue the notice, such as the deposit taker being closed down or a receiver being appointed, as described in the Receiverships Act 1993. This means the Bank has to choose a time that is after the problem happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS506274.


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"Banks must list which of your deposits are protected so you know your money is safe."


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195: Bank’s function under this Part, or

"The Bank's job is to run a safety net to help people get their money back if a bank fails"

Part 6Depositor compensation scheme
Preliminary provisions

194When Bank may issue specified event notice

  1. The Bank may issue a specified event notice in relation to a licensed deposit taker (B) if—

  2. 1 or more of the following apply:
    1. B is put into liquidation under New Zealand law:
      1. a receiver is appointed in relation to the whole, or substantially the whole, of the assets and undertaking of B and the Receiverships Act 1993 applies to the receivership:
        1. B has entered resolution; and
        2. the Bank is satisfied that—
          1. B’s financial or other difficulties are likely to cause serious and prolonged disruption to the ability of eligible depositors to deal with their protected deposits in accordance with their applicable terms and conditions; and
            1. issuing the notice is the most appropriate means to deal with that disruption.
            2. The Bank must publish the notice in the Gazette.

            3. The notice must specify a quantification time that the Bank thinks fit.

            4. However, the quantification time must be no earlier than the time of the event referred to in subsection (1)(a)(i), (ii), or (iii).