Deposit Takers Act 2023

Miscellaneous - Regulations

463: Regulations providing for calculation of amount of person’s protected deposits or share of protected deposits

You could also call this:

"Rules for calculating how much of your money is safe in protected deposits"

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When the Minister makes rules about how to calculate the amount of money you have in protected deposits, they must think about a few things. They need to consider the purpose of Part 6, which is explained in section 190. They also need to think about the economic substance of the arrangements that give people benefits when it comes to protected deposits, as mentioned in section 212(1).

The Minister must also consider some important principles, including that compensation should be limited to $100,000 per eligible depositor per deposit taker, as part of Part 6. They need to make sure the rules are consistent with the Bank's functions under Part 6, so that the Bank can provide compensation quickly and efficiently after a specified event notice is issued.

The Minister's rules should also ensure that determining entitlements to protected deposits does not involve too much cost or delay, as outlined in Part 6 and section 455(1)(j).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS523333.


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Part 8Miscellaneous
Regulations

463Regulations providing for calculation of amount of person’s protected deposits or share of protected deposits

  1. The Minister must, before recommending regulations under section 455(1)(j),—

  2. have regard to the purpose of Part 6 set out in section 190; and
    1. have regard to the economic substance of the arrangements referred to in section 212(1), under which persons are entitled, or may receive, benefits in connection with protected deposits; and
      1. have regard to the principles that—
        1. compensation under Part 6 should be limited to $100,000 per eligible depositor per deposit taker; and
          1. the regulations should be consistent with the Bank efficiently and effectively performing its functions under Part 6 (in particular, providing compensation as soon as practicable after the Bank issues a specified event notice and ensuring that determining entitlements does not involve undue cost or delay).