Code of Conduct

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THE FINANCIAL ADVICE CODE OF CONDUCT

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Updated 6 March 2019
In the new financial advice regime, all regulated financial advice must comply with the financial advice Code of Conduct.
 

Jump to sections
 
The Code of Conduct | The Code Working Group | Next Steps 
 


The Code of Conduct 
The draft Code of Conduct was released on 11 October 2018. It is available here.
  • The draft Code contains high level principles, not detailed rules.
  • Each standard contains commentary to explain it, and there are a few examples.
  • The education standard is one of:
  • a level 5 certificate in financial services with the financial advice strand, or
  • existing AFA status, or
  • demonstrable competence in these qualification outcomes in some other way.
  • The standard regulated financial advice must meet is “a prudent person engaged in the profession of giving financial advice”.
The Code Standards are:
 
      Ethical behaviour, conduct and client care
  1. Treat clients fairly and act in their interests
  2. Act with integrity
  3. Manage conflicts of interest
  4. Take reasonable steps to ensure that the client understands the financial advice
  5. Give financial advice that is suitable for the client
  6. Protect client information
  7. Resolve complaints
  8. Not bring the financial advice industry into disrepute

    Competence, knowledge and skill
  9. Have general competence, knowledge and skill
  10. Keep competence, knowledge, and skill up-to-date
  11. Have particular competence, knowledge, and skill for designing an investment plan
  12. Have particular competence, knowledge, and skill for other types of financial advice
The Code Working Group submitted their final draft of the Code of Conduct to the Minister of Commerce on 6 March 2019. They plan to release the Code of Conduct after it is approved by the Minister.


The Code Working Group
The Code Working Group is appointed by the Minister of Commerce to write and periodically review the financial advice Code of Conduct. Once the Financial Services Legislation Amendment Bill becomes law, the Code Working Group will become the Code Committee.

The Code of Conduct must contain standards of:
  • General competence, knowledge and skill for all those giving financial advice;
  • Specific competence, knowledge and skill for subsets of financial advice;
  • Ethical behaviour;
  • Conduct and client care;
  • Continuing professional development.
The Code of Conduct is not finalised until it is approved by the Minister of Commerce. The Code Working Group submitted the Code of Conduct to the Minister on 6 March 2019. The Minister has 90 days to decide whether to approve the Code of Conduct submitted by the Code Working Group (until 4 June 2019). The Code of Conduct comes into force on the date(s) the Minister specifies in the Gazette.
 
 


Next Steps
Read the Financial Advice Code Working Group and Draft Code of Conduct. Watch the video and listen to audio coming soon.
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CODE OF CONDUCT
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About Us

The Financial Services Council is a non-profit member organisation and the voice of the financial services sector in New Zealand. Learn more
     

Contact Us

+64 (09) 985 5762
fsc@fsc.org.nz
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New Zealand