System’s fitness for purpose
Effectiveness
System performing well against criteria
New Zealand’s financial market regulation is well regarded internationally following the significant policy and operational changes made in the wake of the global financial crisis. Compared to many other jurisdictions, New Zealand has adopted a flexible and innovative approach while still putting in place protections to support fair, efficient and transparent financial markets.
The relative infancy of the new regulatory system makes it difficult to draw definitive conclusions about its effectiveness, with the Financial Markets Conduct Act only coming fully into force on 1 December 2016. The initial round of evaluation activity has found good take-up of innovations like crowdfunding and peer to peer lending, and same class offers disclosure exemptions by debt issuers. However, the impacts on wider capital raising activities are unclear and some market participants hold the view that investors are not making full use of the information available to them. Recent volatility in global financial markets has made the evaluation task more difficult. New Zealanders' confidence in financial markets is quite volatile, having reduced from 60% of investors in 2014 to 2015 to 56% in 2015 to 2016 and then increasing to 65% in 2016 to 2017. While market conditions appear to play a large role in investor confidence, it is possible the recent reforms are also playing a role.
The International Monetary Fund (IMF) completed a Financial System Stability Assessment in April 2017 and found New Zealand’s financial markets reforms had significantly improved the regulatory framework, and recommended further consideration be given to: (i) including wholesale asset managers and custodians in the regulatory system; and (ii) the resourcing of the FMA. Recommendations were also made to improve the regulation of some insurance intermediaries. These recommendations are being progressed through the ongoing comprehensive reform of financial advice regulation.
Significant additional funding has been provided to the Financial Markets Authority (FMA) from 1 July 2017 to ensure it can fulfil its mandate as a pro-active intelligence led regulator.
Efficiency
System performing well against criteria
Feedback from most market participants suggests the design and implementation of the system is efficient. A regulatory charter for the wider financial sector has been put in place under the auspices of the Council of Financial Regulators involving MBIE, FMA, RBNZ, and Treasury.
The Financial Markets Authority (FMA) is well regarded by key system stakeholders as a pragmatic, efficient, and risk-based regulator. An efficiency and effectiveness review of the FMA was completed in 2016.
Resilience
System performing well against criteria
The principle-based approach employed by the system provides considerable flexibility to adjust to the impacts of market and technological changes. Many key aspects of the regime are contained in regulations, which can be changed more easily than primary legislation. In addition, FMA has considerable scope to make adjustments to the system via exemptions. Nonetheless, careful regulatory stewardship will be required to ensure implementation is efficient and effective, and to ensure any emerging issues are appropriately diagnosed and addressed. This is likely to require significant ongoing regulatory maintenance efforts.
New Zealanders’ underlying levels of financial capability do not appear to have significantly changed since the finance company collapses of 2006-2012. This issue represents a source of ongoing potential instability to the regulatory system in the event a substantial group of investors suffer material wealth losses due to a lack of understanding about the underlying characteristics of their investments.
Fairness and accountability
System performing well against criteria
Information about the regulatory system is widely distributed by the FMA. However, there is room to raise awareness levels amongst some system participants.
Enforcement action for serious breaches of system legal frameworks is generally via the High Court which provides an independent and transparent process with appeal rights. While the FMA takes the majority of enforcement actions, private enforcement is also available. The FMA has published an enforcement policy setting out how they intend to approach their broad regulatory powers and functions.
Enforcement policy(external link) — FMA
The Financial Markets Authority (FMA) is the Crown entity with the mandate to promote and facilitate the development of fair, efficient and transparent financial markets. It plays a critical role in regulating capital markets and financial services in New Zealand. For more detail read its Statement of Intent.
Statement of Intent(external link) — FMA