Exemption given for Australian advisers allowed to work in NZ

Australian financial advisers have been given an exemption to operate in New Zealand.

Wednesday, January 20th 2021, 4:08PM

The FMA released an updated exemption that allows Australian financial service licence holders and their representatives will be free to operate in New Zealand without a local licence, following the rubber stamping of the Financial Markets Conduct (Australian Licensees) Exemption Notice 2020.

The move, which came at around the same time that politicians were scrambling to finalise a trans-Tasman travel bubble, was the finalisation of a proposal first put forward to the industry in August 2020.

Some advisers may be worried that allowing Australian advisers into the New Zealand market at such a tumultuous time of regulation change could cause trouble.

Alistair Robertson, special counsel at MinterEllisonRuddWatts says that New Zealand advisers have nothing to be worried about.

“The exemption is limited in scope. It does not allow Australian financial advisers to solicit New Zealand retail clients. It generally allows Australian advisers to continue to service Australian clients if they, the adviser, move to New Zealand without having disruption to those clients and without complying with the New Zealand licensing regime.”

“The Australian regime is broadly comparable to the new New Zealand regime, and information sharing arrangements between ASIC and the FMA should make sure that adequate consumer protection is maintained in these limited circumstances.”

Some of the key requirements that an Australian licensee will need to adhere to, to achieve an exemption are listed below.

Hold a current Australian financial services licence, be in the business of providing a financial service in Australia, and not have a New Zealand place of business.
Be registered as a financial service provider in New Zealand, and be a member of a dispute resolution scheme.
Take all reasonable steps to ensure its representatives submit to the New Zealand courts in respect of the relevant financial services.
Give the FMA written notice that it intends to rely on the Exemption Notice.
Have procedures that give reasonable assurance that the licensee and its representatives comply with relevant Australian regulatory requirements when giving regulated financial advice to a New Zealand retail client under the Exemption Notice.

The Exemption Notice will come into effect on March 15, 2021.

Tags: ASIC financial advisers FMA