Deposit Takers Act 2023

Depositor compensation scheme - Bank assumes rights and remedies in relation to protected deposit

227: Bank’s right of subrogation

You could also call this:

"When a bank pays you for a protected deposit, it takes over some of your rights to deal with the deposit taker."

Illustration for Deposit Takers Act 2023

If the Bank pays you compensation for a protected deposit, the Bank gets some of your rights. The Bank gets the same rights you had with the deposit taker and any other parties involved. You must help the Bank use these rights at their expense.

The Bank's rights apply whether you got all or part of the compensation you were owed. This means the Bank has the same rights as you would have had if you were dealing with the deposit taker or anyone else involved. The Bank also gets the same priority as you would have had if the deposit taker went insolvent.

When the law talks about a "relevant person", it means you, the person who got the compensation, or anyone else who holds the protected deposit. This can include someone who holds the deposit with you, if that's the case. The Bank's rights are in place to help them deal with the deposit taker and anyone else involved in the protected deposit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS506648.


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226: Recovery of compensation paid in excess or in error under scheme, or

"Paying back extra or mistaken compensation to the Bank"


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228: Bank may apportion compensation to determine respective rights and remedies, or

"The bank decides how to share compensation for your protected deposits."

Part 6Depositor compensation scheme
Bank assumes rights and remedies in relation to protected deposit

227Bank’s right of subrogation

  1. If the Bank pays compensation under this Part to, or on account of, an eligible depositor (A) in respect of a protected deposit issued by a licensed deposit taker (B), the Bank is subrogated, to the extent of the payment, to all the rights and remedies that, but for the subrogation, each relevant person would have had in relation to the protected deposit.

  2. Each relevant person must (at the Bank’s expense) do anything reasonably required by the Bank to enable it to exercise or enforce any subrogated rights or remedies.

  3. This section applies—

  4. whether the compensation is equivalent to the full amount owing under a protected deposit or only part of that amount; and
    1. to give the Bank the same rights and remedies that each relevant person would have had in relation to B, any third party, and any security for an amount owing under a protected deposit; and
      1. to give the Bank the same priority that the holder of the protected deposit would have had in the event of B’s insolvency.
        1. In this subpart, relevant person means each of the following:

        2. A:
          1. a holder of the protected deposit (where A is not the holder or is not the only holder).