Financial Services Conduct and Culture Review
Media release
MR No. 2018 -
24
30 May 2018
EMBARGOED UNTIL 2PM Wednesday 30 May
Financial Services Conduct and Culture Review
The Reserve Bank of New Zealand (RBNZ) and the Financial Markets Authority (FMA) today briefed the Finance and Expenditure Select committee on the Australian Royal Commission (RC) into Misconduct in Banking, Superannuation and Financial Services Industry, and the response by regulators in New Zealand.
The Australian RC was established on 14 December 2017 in response to a series of known, misconduct incidents widespread within financial services over a lengthy period. The RC is expected to issue an initial report in September 2018 and a final report, with recommendations, by February 2019.
New Zealand regulators’
response
New Zealand regulators have been
monitoring the RC since it was initiated, and have discussed
matters with Australian regulators on a number of occasions.
The FMA has been implementing and supervising conduct
regulation in NZ since the passing of the Financial Markets
Conduct Act in late 2013. This was followed by the
publication of the FMA Conduct Guide in February 2017.
Our concern about the RC’s impact on confidence in our financial institutions and the potential for complacency in the New Zealand industry led us to take action. On 30 April, the RBNZ Governor and the FMA Chief Executive met with 16 chief executives of New Zealand banks, including the four major Australian-owned banks. We sought assurance that the issues identified in Australia were not evident in New Zealand.
Following the meeting with bank CEOs, the RBNZ and the FMA, with the support of the Commerce Commission, wrote to 10 locally-incorporated New Zealand banks with major retail operations on 3 May, initiating a “review of conduct and culture by New Zealand financial services entities”. Banks were given a deadline of 18 May to respond. Notwithstanding that insurance has not featured in the RC at this stage, we wrote similarly to 15 major life insurance companies on 23 May, asking that they respond by 22 June.
In our monitoring work to date we have not seen evidence of widespread, systemic issues to warrant a commission of inquiry in New Zealand. However, the work we have initiated may test this view.
Assessment of
bank responses
11 banks provided their responses
by the 18 May deadline. A joint working group of FMA and
RBNZ staff is reviewing the responses. The Commerce
Commission is also reviewing matters relevant to its
remit.
Initial observations
•
The submissions are generally extensive and for the most
part appear relevant to our request.
•
Preliminary assessment has identified some variance in
detail and the extent of work already completed and expected
to be conducted in the future.
• Some responses
indicate a proactive approach to conduct risk, while other
banks have not yet begun to fully embed conduct risk,
governance or oversight into their operations. We will be
following up with all the banks on these aspects.
•
The responses also cover:
a description of internal and
external reviews conducted in recent years
future
programmes of work to address a number of areas and provide
additional assurance
examples of issues identified and
their remediation processes.
Following the initial assessment, we will be requesting further information and verification where necessary. A high bar will be set in meeting our expectations and demonstrating a sufficient level of assurance in regard to good conduct and culture.
Currently we consider it is appropriate to prioritise our work on banks and life insurers, we haven’t made any decision as to whether to expand that focus in the future.
It is important to note that a number of relevant legislative frameworks are already under review, and both the FMA and RBNZ have significant existing work programmes across a number of relevant sectors.
As we progress our inquiries, we will also identify any areas within the framework for regulation of retail financial services where we consider there are regulatory or supervisory gaps or inefficiencies. We expect to report on these findings in October/November. This timing partly reflects the timing of the initial report from the RC, by 30 September, 2018.
Link to the joint FMA RBNZ briefing statement here.
Notes
Supplementary
information on existing reviews:
• The
Financial Services Legislative Amendment Bill currently
before the Economic Development Select Committee will
strengthen the financial advice regime.
• A
review of Insurance Contracts law has been commenced by the
Minister of Commerce and Consumer Affairs.
•
MBIE is also undertaking a review of the regulation of
consumer credit under the Credit Contracts and Consumer
Finance Act that will address irresponsible and predatory
lending.
• Bank incentive structures for sales
are being reviewed by the FMA and will be reported on by the
end of the year.
• FMA has just reported on its
review of soft commissions offered to advisers by insurance
providers. A report on the FMA review of insurance
replacement business practices of authorised firms is to be
published in early July.
• Last year the RBNZ
undertook a thematic review of the bank director attestation
regime. Primary responsibility of bank directors and senior
managers for managing risks is a fundamental element of
prudential regulation and supervision. As a consequence of
the review RBNZ has adjusted its annual engagement plan to
increase the number of director meetings.
• The
RBNZ engages regularly with bank boards to discuss how they
manage risk within their
businesses.
End