Deposit Takers Act 2023

Regulation of deposit takers - Standards - Subject matter of standards

90: Other matters

You could also call this:

"Rules for deposit takers: what they can and can't do, and how they work"

Illustration for Deposit Takers Act 2023

A standard can cover things like outsourcing, which is when a deposit taker gets someone else to do some of their work. You might see this when a deposit taker gets another person to carry out some of their business. A standard can also cover significant transactions, which are big deals that need approval under subpart 5 of Part 2.

A standard can also regulate what a deposit taker can and can't do, like what activities they can carry out outside of New Zealand. You might see restrictions on what a deposit taker can do when they're not acting as a deposit taker. A standard can also cover internal controls, which are like checks and balances to make sure everything runs smoothly.

A standard can cover how a deposit taker reviews and assesses their internal controls, and how they make sure they're working properly. You might see a standard that covers an internal assurance function, which is like a watchdog that makes sure a deposit taker is following the rules. This function includes assessing policies and processes, and making sure they're being followed, as well as any other matters that might be prescribed in regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS579791.


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Part 3Regulation of deposit takers
Standards: Subject matter of standards

90Other matters

  1. A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters:

    Outsourcing

  2. arrangements for any business, or functions relating to any business, of a deposit taker to be carried on by any person other than the deposit taker:
    1. Significant transactions

    2. when a transaction is a significant transaction in respect of which approval is required under subpart 5 of Part 2 and when a part of a business is material for the purposes of section 41:
      1. Restrictions or prohibitions on activities

      2. restrictions or prohibitions on either or both of the following:
        1. the activities that a deposit taker may carry out other than in their capacity as a deposit taker:
          1. the activities that a deposit taker (other than an overseas person) may carry out outside New Zealand:
          2. Internal controls and internal assurance function

          3. internal controls and assurance, including—
            1. internal controls in connection with organisational structure, accounting systems, checks and balances, and safeguarding property; and
              1. the review and assessment of the adequacy and effectiveness of internal controls; and
                1. the performance of an independent and effective internal assurance function:
                2. Matters prescribed in regulations

                3. any other matters that may be prescribed in the regulations.
                  1. In this section, internal assurance function includes—

                  2. assessing policies, processes, and internal controls; and
                    1. providing assurance that policies and processes are being complied with.