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New securities bill under fire

The Securities Legislation Bill has come under sustained criticism from the investment sector as being too wide ranging and draconian to be workable.

Friday, March 18th 2005, 5:55AM

by Rob Hosking

New Zealand Funds Management executives told MPs on Parliaments' commerce select committee that the bill's provisions require automatic disqualification for directors and management of a company which breaches the rules.

"It's the automatic nature which is of concern - someone could fail to sign a statement and be out of work for five years," NZFM's in-house counsel, Mark Hopkinson, told the committee.

"We have no problem with the principle of a director ban but it should be openly decided by a court of law."

Banks and other groups have criticised the bill as it would require an investment disclosure statement to be mailed out to someone who wanted to put money in a term deposit.

And the NZX chief executive Mark Weldon says the government will need to restructure the Securities Commission if it is to implement the new laws.

"This [bill] creates the need for a far greater degree of supervision, a greater degree of knowledge, and a far greater degree of oversight than the current law, and the structure of the commission needs to be looked at."

The commission currently has only one full time commission member, and a group of part time commissioners. That is unlikely to be adequate any longer.
That is not because of the size of the market, he said.

NZX head of regulation Helen Campbell told MPs the disclosure rules go too far.
Some members "feel they can only say 'hello' and not much more before they have to provide a disclosure statement," she said.

Rob Hosking is a Wellington-based freelance writer specialising in political, economic and IT related issues.

« Tax changes have to fit with other policiesSovereign takes regulation bull by the horns »

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Lender Flt 1yr 2yr 3yr
AIA - Back My Build 3.34 - - -
AIA - Go Home Loans 5.89 4.59 5.09 5.39
ANZ 5.79 ▲5.29 ▲5.89 ▲6.09
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - ▲4.69 ▲5.29 ▲5.49
ASB Bank 5.79 4.59 5.09 5.39
ASB Better Homes Top Up - - - 1.00
Avanti Finance - Near Prime 6.35 - - -
Avanti Finance - Specialised 7.45 - - -
Basecorp Finance 6.35 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Mortgage One 5.94 - - -
BNZ - Rapid Repay 5.94 - - -
BNZ - Std 5.84 4.59 4.89 5.29
BNZ - TotalMoney 5.94 - - -
CFML 321 Loans 3.95 - - -
CFML Home Loans 6.05 - - -
CFML Prime Loans 6.25 - - -
CFML Standard Loans 6.95 - - -
China Construction Bank 6.44 4.85 4.95 4.95
China Construction Bank Special 6.44 5.85 5.95 5.95
Co-operative Bank - First Home Special - 4.49 - -
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Owner Occ 4.99 4.59 5.15 5.39
Co-operative Bank - Standard 4.99 5.09 5.65 5.89
Credit Union Auckland 7.70 - - -
First Credit Union Special - 4.89 5.49 -
First Credit Union Standard 6.49 5.29 5.89 -
Heartland Bank - Online 5.30 5.89 - -
Heartland Bank - Reverse Mortgage 7.99 - - -
Heretaunga Building Society 6.50 5.50 5.65 -
ICBC 5.39 4.49 4.89 5.15
Kainga Ora 5.79 4.59 4.95 5.19
Kainga Ora - First Home Buyer Special - - - -
Lender Flt 1yr 2yr 3yr
Kiwibank 5.75 5.49 5.79 6.15
Kiwibank - Offset 5.65 - - -
Kiwibank Special 6.15 4.59 4.89 5.35
Liberty 6.65 6.55 6.22 6.20
Nelson Building Society 6.49 4.69 5.09 -
Pepper Money Near Prime 6.55 - - -
Pepper Money Prime 5.99 - - -
Pepper Money Specialist 8.00 - - -
SBS Bank 5.84 5.09 5.69 5.75
SBS Bank Special - 4.49 5.09 5.15
SBS Construction lending for FHB 3.74 - - -
Lender Flt 1yr 2yr 3yr
SBS FirstHome Combo 3.29 3.99 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 7.99 - - -
TSB Bank 6.59 5.29 5.89 6.09
TSB Special 5.79 4.49 5.09 5.29
Unity First Home Buyer special - 3.95 - -
Unity Special 5.79 4.49 4.89 -
Unity Standard 5.79 5.29 5.69 -
Wairarapa Building Society 6.15 4.79 5.19 -
Westpac 5.89 5.19 5.79 5.89
Westpac Choices Everyday 5.99 - - -
Lender Flt 1yr 2yr 3yr
Westpac Offset 5.89 - - -
Westpac Special - 4.59 5.19 5.29
Median 5.94 4.69 5.19 5.39

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