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Commerce Commission to lay charges over swaps

Media Release

17 December 2013

Commerce Commission to lay charges over swaps

Having written to the Commerce Commission last November and encouraged members affected by interest rate swaps to contact the Commerce Commission, Federated Farmers welcomes the Commission’s decision to put the matter before the Courts.

“Having fielded calls from concerned farmers over recent years, we formally wrote to the Commerce Commission in November 2012 requesting that they look into the selling of interest rate swaps,” says Bruce Wills, Federated Farmers President.

“Now we have the news that the Commission has found there is a case to be answered under the Fair Trading Act.  Legal proceedings are to be filed in the New Year against ANZ Bank, ASB and Westpac.

“Some of the debt instruments sold to farmers have been highly complicated to say the least.  In both 2009 and 2010, we mentioned problems with swaps in various submissions, including to the Opposition’s Banking Inquiry and the Review of the Banking Code of Practice.

“This was why we felt the Commerce Commission was best placed to properly investigate them and its decision today vindicates this faith.

“The Commission looked at swaps from the perspective of the Fair Trading Act 1986.  This includes misleading and deceptive conduct in trade such as false and misleading representations.

“In this case the Commission is looking at potential breaches of sections 9, 11 and/or 13.

“Federated Farmers supports the Commerce Commission in wanting to hear from farmers adversely affected by swaps.  They can contact the Commission on 0800 943 600.

“We believe the case, when it comes before the Courts, will help to resolve what has been controversial to say the least.  It will also be a good opportunity to remind the entire financial industry of its wider obligations,” Mr Wills concluded.

Federated Farmers letter to the Commerce Commission (November 2012)

ENDS

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