Deposit Takers Act 2023

Depositor compensation scheme - Depositor Compensation Fund

197: Fund owned and managed on behalf of Crown

You could also call this:

"The government owns a fund, and a bank manages it for them."

Illustration for Deposit Takers Act 2023

The fund's property belongs to the Bank, but the Bank holds it for the Crown. You can think of the Crown as the government, and the Bank is looking after the fund's property on its behalf. The Bank is in charge of managing the fund for the Crown.

The Bank is not like a trustee, which is someone who looks after something for someone else. When the Bank does its job, it is not acting as a trustee. This means the Bank has its own role and responsibilities.

If someone owes money to the fund, the Bank can take them to court to get the money back. The court can then order the person to pay the money to the Bank. This is like any other debt that needs to be paid back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS692878.


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196: Depositor Compensation Fund established, or

"Help for you if your bank account money is at risk"


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198: What fund consists of, or

"What's in the fund: money from levies, interest, investments, and other allowed sources."

Part 6Depositor compensation scheme
Depositor Compensation Fund

197Fund owned and managed on behalf of Crown

  1. All property of the fund is owned by the Bank on behalf of the Crown.

  2. For the purposes of this Part, the Bank is not a trustee, or a constructive trustee, in relation to the performance of its functions or any other matter.

  3. The fund is managed by the Bank on behalf of the Crown.

  4. All money owing in respect of the fund is recoverable in a court of competent jurisdiction as a debt due to the Bank.