Ture Ahumahi
Ture Ahumahi
Insurers and insurance in New Zealand are comprehensively regulated through a twin peaks model — a form of regulation that separates prudential and conduct regulation, assigning responsibility for them to separate entities.
Regulations affecting insurance in New Zealand include
Prudential regulation ensures that insurers can afford to pay claims. The Reserve Bank governs prudential regulation in New Zealand. Under the Insurance (Prudential Supervision) Act 2010 they have the power to
One unique aspect of New Zealand’s prudential regulatory regime is that the Reserve Bank applies an extremely high catastrophe risk charge to New Zealand licensed insurers. Most insurers globally have to hold sufficient capital reserves or reinsurance to cover their liabilities for a 1-in-200 or -250 year catastrophe event. New Zealand insurers have to hold sufficient capital reserves or reinsurance to cover their liabilities for a 1-in-1000 year catastrophe event.
This means insurers cannot use their capital as freely in New Zealand as those overseas can. This prevents domestic insurers from investing as much capital in the market —which can yield higher returns on investment and lower the cost of premiums charged.
Conduct regulation is about treating customers fairly. It aims to promote trust and confidence in the insurance sector.
Regulation does this by ensuring insurers have good culture and behaviours, leading to good outcomes for insurance customers.
The government has strict rules all insurance companies must follow that dictate how they treat their customer. Insurers must
The FMA monitors and regulates insurer conduct in New Zealand.
Please note that the financial institutions (including insurers) conduct regime is currently undergoing a process of reform.
Many people buy insurance through an insurance broker. New Zealand regulation sets professional standards for all financial advisers, including insurance brokers, under the new financial advice regime under the Financial Markets Conduct Act 2013 Financial Advisers Act 2008, which is enforced policed by the Financial Markets Authority.
The new financial regime increases will increase professional standards for all financial advisers, requiring advisers to put clients’ interests first and adhere to certain conduct and competency standards (to be set out in a code of conduct). The new financial advice regime, including the code, came into force on 15 March 2021.
In addition to government regulation, ICNZ has certain conduct expectations of its members. The Fair Insurance Code sets industry best practice standards for all members.
There are a range of other legislative provisions which need careful consideration by an insurer in New Zealand, including
This is not an exhaustive list and insurers should seek appropriate advice in order to determine their full compliance obligations.
As with all individuals and corporate entities in New Zealand, insurers are affected by the
In addition, brokers are required to adhere to the Insurance Intermediaries Act 1994, which governs how they handle and account for premiums and other monies under their care.
Insurers deal with people every day. In every dealing, there are pieces of legislation governing how those people are to be treated and how insurers as trading entities may or may not behave, including the
Insurers must also belong to an approved disputes resolution scheme under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
There are currently 3 pieces of legislation in New Zealand that impose levy collection requirements on insurers and employers. In all cases, these levies are collected to fund services and public insurance schemes that manage public safety risks.
©Insurance Council of New Zealand | Te Kahui Inihua o Aotearoa Privacy policy