Deposit Takers Act 2023

Depositor compensation scheme - Entitlement to compensation - Payment of entitlements

220: Bank not required to pay compensation if cannot act with reasonable certainty

You could also call this:

"Banks don't have to pay compensation if they can't work things out clearly"

Illustration for Deposit Takers Act 2023

The Bank does not have to pay you compensation for a protected deposit if it is not reasonably practicable for them to do certain things with reasonable certainty. This includes making calculations under this Part of the law, or determining who the eligible depositor or depositors are and what their shares are. The Bank also does not have to pay compensation if they cannot determine how to pay it to you, or on your account, with reasonable certainty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS566517.


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219: Payment of entitlements, or

"Getting the money you are owed from the Bank"


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221: Bank may establish account on behalf of eligible depositor, or

"The bank can open an account for you to help pay your compensation."

Part 6Depositor compensation scheme
Entitlement to compensation: Payment of entitlements

220Bank not required to pay compensation if cannot act with reasonable certainty

  1. The Bank is not required to pay compensation under this subpart in relation to a protected deposit if it is not reasonably practicable for the Bank to do any 1 or more of the following with reasonable certainty:

  2. make any calculation under this Part:
    1. determine who the eligible depositor or depositors are in respect of the deposit (and what their respective shares are):
      1. determine how to pay the compensation to, or on account of, the eligible depositor.