3 September 2004
Regulation of financial advisers terms of reference
Commerce Minister Margaret Wilson today released the terms of reference for the Task Force on the Regulation of
Financial Intermediaries.
The task force was announced last week, to help raise the standard of financial services and examine regulation of
financial advisers. It is a part of the government’s overall objective to enhance the integrity and effectiveness of New
Zealand’s capital markets.
Margaret Wilson is writing to industry stakeholders to request expressions of interest in the task force but welcomes
applications from all those with broad experience in the financial services industry. The six-member task force should
be appointed by mid-October.
Expressions of interest, together with brief curriculum vitae detailing relevant qualifications and experience, should
be received by 5:00pm on Friday 17 September and be sent to:
TASK FORCE ON THE REGULATION OF FINANCIAL INTERMEDIARIES
TERMS OF REFERENCE
Objectives
The Task Force will consider and report on the regulation of financial intermediaries and suggest options for reform
that will ensure quality financial information and advice is provided to the public, and assist New Zealanders to make
the most of their savings.
In particular, the Task Force will:
Profile the size, nature and composition of New Zealand’s financial intermediary industry and participants, including
investors;
Examine the current regulatory and self-regulatory environment for financial intermediaries and the provision of
financial advice in New Zealand;
Compare New Zealand’s current regulation with international norms and trends and the regulation of comparative overseas
jurisdictions;
Identify any issues with New Zealand’s current regime for the regulation of financial intermediaries, with regard to the
government’s objective of ensuring quality financial information and advice is provided to the public, and assisting New
Zealanders to make the most of their savings; and
Formulate and evaluate possible options for the reform of regulation of financial intermediaries in New Zealand that
address the identified issues.
The Task Force will be commissioned by mid-October 2004, and present a final report to the Minister of Commerce.
Process
In carrying out its functions, the Task Force will consult with stakeholders, including industry participants and
organisations, consumer representatives, the Minister of Commerce, the Securities Commission, the Retirement Commission,
the Ministry of Economic Development and other relevant government agencies and departments.
In undertaking its work, the Task Force should be informed and guided by the Regulatory Impact Analysis framework set
out in the Ministry of Economic Development’s Regulatory Impact Statement Guidelines, and have regard to:
The full range of models for regulation and levels of government intervention, from industry self regulation to full
regulation. In this context, the Task Force should take into account the Policy Framework for Occupational Regulation
administered by Ministry of Economic Development;
The costs and benefits to industry participants, consumers and the economy generally associated with options for reform;
New Zealand’s particular relationship with Australia as embodied in the Australia New Zealand Closer Economic Relations
Agreement and the Memorandum of Understanding on the Co-Ordination of Business Law;
The international dimension, including overseas perceptions of New Zealand’s securities markets;
The current work of the savings product working group; and
The government’s wider four-stage reform program for securities law and its primary aim of enhancing the integrity and
effectiveness of, and confidence of investors in, New Zealand’s securities markets.
The Task Force should exclude direct consideration of taxation issues such as those associated with current review of
taxation of investment income.
Composition
The Minister of Commerce will make up to six appointments to the Task Force. Members will be drawn from the industry,
and will include consumer representation, a neutral Chair and a senior official of the Ministry of Economic Development.
ENDS