Deposit Takers Act 2023

Crisis management and resolution - Moratorium and restriction on resolution trigger

289: Bank may waive application of moratorium and restriction on resolution trigger

You could also call this:

"The Bank can choose to let some creditors keep doing what they were doing, even during a pause."

Illustration for Deposit Takers Act 2023

You can think of a moratorium as a pause on some actions. The Bank has the power to stop this pause, or parts of it, for some creditors. This means the Bank can choose to let certain creditors, or groups of creditors, keep doing what they were doing. The Bank can make this decision for all or part of a creditor's claim or security interest. You should note that the Bank's power to stop the pause does not apply to one specific part of the law, which is section 284(1)(c). The Bank's decision can affect what creditors can do during a difficult time. The law gives the Bank this power to help manage difficult situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS530916.

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288: Person may commence or continue proceeding with leave, or

"You can start or continue a court case against a deposit taker with permission."


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290: Moratorium and restriction on resolution trigger do not affect existence or priority of security interest, or

"Your rights to a deposit taker's property are still safe."

Part 7Crisis management and resolution
Moratorium and restriction on resolution trigger

289Bank may waive application of moratorium and restriction on resolution trigger

  1. Despite sections 284 and 287, the Bank may waive the application in whole or in part of either or both of those sections to a creditor or class of creditors in respect of the whole or part of a claim of, or security interest held by, the creditor or class of creditors.

  2. This section does not apply to section 284(1)(c).

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