Deposit Takers Act 2023

Crisis management and resolution - Conduct of resolution - Resolution manager has management and control of deposit taker

303: Directors, managers, and other persons may act only with resolution manager’s permission

You could also call this:

"People can't manage a business in trouble without the resolution manager's okay."

Illustration for Deposit Takers Act 2023

You cannot be involved in managing a deposit taker's business if it is in resolution, unless the resolution manager says you can. The resolution manager must give you permission to do anything related to the business. This rule has some exceptions, which are outlined in section 421(1) to (3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533511.

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302: Management of licensed deposit taker vests in resolution manager, or

"Who's in charge when a bank or deposit taker has problems?"


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304: Resolution manager’s general powers, or

"The resolution manager's job is to fix problems with banks and has the power to do so."

Part 7Crisis management and resolution
Conduct of resolution: Resolution manager has management and control of deposit taker

303Directors, managers, and other persons may act only with resolution manager’s permission

  1. If a licensed deposit taker is in resolution, it is not lawful or competent for a director, a senior or any other manager, or any other person to be engaged in the management or conduct of its business, or to act as an officer, agent, or employee of the deposit taker, except with the permission of the resolution manager and to the extent that the permission extends.

  2. This section is subject to section 421(1) to (3).

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