Rule · RBNZ · 21 Sep 2022
The Reserve Bank of New Zealand issues its 2022 Statement of Prudential Policy to establish the regulatory framework and supervisory expectations for registered banks, licensed insurers, non-bank deposit takers, and financial market infrastructures. The document mandates a risk-based, proactive oversight model that prioritizes financial system stability, enforces adherence to prudential standards, and outlines escalation and enforcement mechanisms for entities facing financial distress or non-compliance. It also details imminent legislative updates, including the Deposit Takers Act, revised insurance solvency rules, and new FMI regulations, while embedding emerging risks such as climate change and cyber resilience into the Bank’s strategic priorities.
Statement of
Prudential Policy
Tauākī mō ngā Kaupapa
Here Whakaheke Mōrea
[x] 2022
B.33
Reserve Bank of New Zealand Statement of Prudential Policy [X] 2022, presented to the House of Representatives pursuant to section 237(3) of the Reserve Bank of New Zealand Act 2021 (TBC). ISSN 2815-9160 (Online) Introduction Kupu Whakataki 02 Statement of Prudential Policy Tauākī mō ngā Kaupapa Here Whakaheke Mōrea 03 Why is Prudential Policy important and what is our role? He aha i hira ai ngā Kaupapa Here Whakaheke Mōrea, ā, he aha te wāhi ki a mātou? 04 Regulatory and supervisory framework Te anga rekureihana, āta tirotiro hoki 05 Our approach to policy Tā mātou titiro ki te ao kaupapa here 07 Our approach to supervision Tā mātou titiro ki te āta tirotiro 11 Our approach to enforcement and resolution Tā mātou titiro ki te whakahau me te whakatau take 15
Annex A – Our Prudential Legislation
Āpitihanga A – Ō tātou ture whakaheke mōrea 18 1 STATEMENT OF PRUDENTIAL POLICY [X] 2022 | TAUĀKĪ MŌ NGĀ KAUPAPA HERE WHAKAHEKE MŌREA [X] 2022 RESERVE BANK OF NEW ZEALAND | TE PŪTEA MATUA
The purpose of the Reserve Bank’s governing legislation – the Reserve Bank of New Zealand Act 2021 (the Act) – is to promote the prosperity and wellbeing of New Zealanders and contribute to a sustainable and productive economy, Toitū te Ōhanga, Toitū te Oranga. We further this purpose by pursuing our objectives of:
Why is Prudential Policy important and what is our role? He aha i hira ai ngā Kaupapa Here Whakaheke Mōrea, ā, he aha te wāhi ki a mātou? As kaitiaki to the financial system of Aotearoa, we are the prudential regulator and supervisor of Ngā Pekanga, our regulated entities, in New Zealand. We act as prudential regulator and supervisor to enable and maintain a healthy and vibrant financial system, which supports a sustainable and productive economy, contributing to New Zealand’s prosperity and wellbeing. This gives the public confidence in our banks, insurers, NBDTs and FMIs and enables New Zealanders to participate in the New Zealand economy. Prudential regulation means the statutory powers we apply to protect and promote the stability of the financial system. They include, licensing conditions, regulatory standards and guidance for our regulated entities. Prudential supervision means our monitoring of and engagement with regulated entities to ensure they adhere to their prudential requirements and adopt prudent practices; and the identification of prudential risks to both entities and the financial system. Regulatory and supervisory framework Te anga rekureihana, āta tirotiro hoki Our prudential legislation enables us to set the rules and expectations for our regulated entities, and gives us the powers to supervise regulated entities, and, as necessary, take enforcement action and resolution action. Each sector that we regulate – banking, insurance, NBDTs, FMIs1 – has its own prudential legislation, with its own regulatory requirements. We monitor regulated entities against these requirements and take action as appropriate in order to meet our purpose and objectives in the manner outlined in this Statement of Prudential Policy. The actions we take will vary according to the nature of the regulated entity, the particular circumstances, and our risk appetite for the financial system. We distinguish between those risks that are consistent with a dynamic and efficient financial system and those that need to be more closely managed in order to achieve our financial stability objective. For example, it can be particularly important for us to take action where a regulated entity’s non–compliance with prudential requirements might undermine our purpose or objective, have serious implications for depositors, policyholders, and ultimately taxpayers and society. We aim to take a transparent and consistent view on these risks with our regulated entities and stakeholders. We expect entities to comply with both the spirit and intent of our policies and respect our supervisory assessment of their prudential position, including their financial position, governance and risk management. Each entity’s compliance forms an important part of our holistic view of what we are seeking to achieve as kaitiaki to the financial system. Collaborative working Our regulatory and supervisory framework recognises that there is an important role for both us and our regulated
entities in ensuring that the financial system is sound and stable and delivers the services to New Zealand individuals, households and businesses that supports their prosperity and contributes to a sustainable and productive economy. Internally, we work collaboratively across our policy, supervision, enforcement and resolution teams, to establish and operate our regulatory and supervisory framework. As a proactive regulator and supervisor, we engage with industry and relevant stakeholders in a diligent and timely manner. We keep communication open and work with regulated entities, so they know how to meet our regulatory expectations. We aspire to build and maintain the best ‘regulator/regulated’ supervisory relationships possible. We are committed, and expect our regulated entities to be committed to, clear, consistent, targeted and timely communication with one another. We expect our regulated entities to work openly and constructively with us to achieve sound and efficient outcomes. We also engage with our regulatory counterparts in New Zealand, such as The Treasury and at the Council of Financial Regulators (CoFR), for legislative and policy development, and strategic issues, and in Australia on Trans–Tasman issues, with a view to enhancing coordination. 1 FMIs are the infrastructures which allow electronic payments and financial market transactions to occur. The Reserve Bank and the Financial Markets Authority are the joint regulators of designated FMIs under the Financial Market Infrastructures Act 2021. The Council of Financial Regulators The Council facilitates co–operation and co– ordination between us, the Treasury, the Ministry of Business, Innovation and Employment, the Financial Markets Authority, and the Commerce Commission, to support effective and responsive regulation of the financial system. 4 5 STATEMENT OF PRUDENTIAL POLICY [X] 2022 | TAUĀKĪ MŌ NGĀ KAUPAPA HERE WHAKAHEKE MŌREA [X] 2022 RESERVE BANK OF NEW ZEALAND | TE PŪTEA MATUA
Our approach to policy
Tā mātou titiro ki te ao kaupapa here Why Prudential Policy making matters We set policy that addresses prudential risks and market failures, and that promotes a financial system that is strong, competitive and inclusive. This is important because we all rely on and benefit from financial stability – whether we are financial institutions, or individual depositors and policyholders. Financial crises can have significant implications, not just for financial institutions, depositors and policyholders, but also taxpayers and society. Our prudential policies seek to protect and promote the stability of New Zealand’s financial system and to avoid significant damage to the financial system that could result from the failure of a regulated entity. A financial crisis could have significant and long lasting implications for the real economy and the wellbeing of New Zealanders. Our approach to policy making The Reserve Bank is responsible for Prudential Policy advice under our prudential legislation (Annex A) and operates on a regular review cycle. We undertake research and consult widely to inform policy development. This includes research that supports our strategic priorities such as climate change, access to capital, fintech innovation and financial inclusion. Our policy–making approach includes:
The principles we consider when undertaking policy making We consider a broad range of issues when developing policy. These may be brought to our attention through: • changes in international standards and best practice; • gaps in, or problems with, existing regulatory policy or settings that are identified by our staff and/or stakeholders;
Our approach to supervision
Tā mātou titiro ki te āta tirotiro Why prudential supervision matters Prudential supervision seeks to ensure that regulated entities adhere to minimum requirements and adopt prudent practices so that other entities and the public can have confidence in them. Identifying prudential risks – whether they be financial, operational or behavioural – enables us to respond effectively in a timely manner, and manage the potential impacts of financial distress or failure on our financial system, and on depositors, policyholders, and society as a whole. We are also a supervisor under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the AML Act). AML/CFT supervision seeks to ensure that regulated entities comply with requirements under the AML Act, and that appropriate action is taken for non-compliance, so that we can all be confident that our financial system is not facilitating money laundering or financing terrorism. These requirements include: carrying out an AML/CFT risk assessment; putting in place a compliance programme; and identifying and reporting any suspicious activity to the appropriate authorities. We conduct ourselves as AML/ CFT supervisor in a way that is mutually supportive to our function as prudential supervisor. Our approach to prudential supervision We carry out the licensing and supervision of our regulated banks, insurers and FMIs. We also regulate and licence NBDTs and work with the trustee companies that supervise NBDTs’ compliance with their trust deeds. This involves:
We develop and maintain a good working knowledge of the regulated entities we are supervising, and of the sorts of risks they are managing. We do this through engaging with the entities, and by receiving and reviewing public and private data and reports. We also work closely with The Treasury, other regulatory authorities, in particular the Financial Markets Authority (FMA), but also the Australian authorities for the supervision of entities with trans–Tasman activities or links. The principles we consider when undertaking prudential supervision We take a risk based, proportionate and consistent approach to our supervision activities in accordance with our supervisory framework. We have a low risk appetite for outcomes which impair the health of the financial system, undermine economic wellbeing and affect public confidence. Achieving financial stability does not mean eliminating all risks. This would create inefficiencies of its own – it would potentially stifle new entrants, and remove the incentives for growth, innovation and healthy risk–taking. When undertaking prudential supervision we:
Our approach to enforcement and resolution Tā mātou titiro ki te whakahau me te whakatau take Why enforcement matters Where serious non–compliance is identified our legislation allows us to investigate and take enforcement action where appropriate. Enforcement gives regulated entities and the public confidence that our regulatory and supervisory framework is being implemented, in line with our approach to achieving our purpose and objectives. It supports regulatory discipline and in so doing provides incentives for self– and market–discipline to operate effectively. Our approach to enforcement We take a risk–based approach to ensure our enforcement resources have the most impact and prioritise the issues that are likely to have a greater bearing on our objectives, a high risk of error, or support our credibility as a regulator and ability to achieve appropriate supervisory outcomes. Our response may range from heightened supervision to civil or criminal action. The diagram below illustrates our regulatory response model for enforcement (and resolution):
Increasing severity of stress
Measures restore regulatory compliance Normal supervision Undertake supervisory activities in a risk–based forward–looking way to support stakeholders in meeting our regulatory expectations on an ongoing basis. Measures address financial concerns Heightened supervision Where non–compliance is repetitive or more serious, we will increase intentsity of supervision to proactively address issues (e.g. private warnings) Non–financial concerns Regulatory response For prevalent or severe non–compliance, formal actions may be considered (e.g. public warning, directions, changes to license conditions) Insolvency/ Resolution Should the firm reach the point of non–viability, more drastic action would be required. A firm may be placed into statutory management or liquidated. For pre–positioned banks, the OBR policy may be implemented as part of the statutory management. NBDTs may be placed into receivership by their statutory supervisor. Court response Civil or criminal actions for serious breaches Early detection & diagnosis The intensity of supervision will increase. We may set additional reporting requirements, and use of information gathering and investigatory powers. Financial concerns Recovery We engage with firms on the measures the take to address their financial concerns. For significant or severe concerns, formal actions may be considered (e.g. directions, changes to license conditions). 14 15 STATEMENT OF PRUDENTIAL POLICY [X] 2022 | TAUĀKĪ MŌ NGĀ KAUPAPA HERE WHAKAHEKE MŌREA [X] 2022 RESERVE BANK OF NEW ZEALAND | TE PŪTEA MATUA
The principles we consider when undertaking enforcement We make enforcement decisions in accordance with our published enforcement framework7 . Our enforcement framework sets out the considerations that apply when we select matters for investigation, conduct investigations, and ultimately take decisions relating to enforcement matters. Our framework ensures we are consistent, robust, and transparent in our decision–making processes. Our enforcement framework includes our Enforcement Principles and Criteria Guidelines and our Enforcement Guidelines. The Principles and Criteria Guidelines set out the considerations that apply throughout the enforcement process and our Enforcement Guidelines set out in greater detail, how the principles and criteria are applied when considering an enforcement response. The enforcement principles are a set of values that guide the direction of our investigation and enforcement strategy and inform our approach to applying our enforcement discretion. Our three enforcement principles are: risk–based, proportionality, and transparency. The enforcement criteria are specific considerations which will be worked through and weighed against the available evidence when deciding on the appropriate enforcement response to non–compliance. Our four enforcement criteria are: seriousness of conduct, responsiveness, public trust and confidence, and efficacy. Why resolution matters While we target a low incidence of failure of regulated entities, we do not run a zero-failure regime (ie, we allow regulated entities to fail where the risks to the financial system are understood and can be managed) and this provides the incentives for self– and market–discipline to operate effectively. When firms do fail, we will use our regulatory tools towards ensuring this occurs in a controlled and managed fashion and to avoid significant damage to the financial system that could flow from that failure. 7 https://www.rbnz.govt.nz/–/media/ReserveBank/Files/Publications/Policy–development/Enforcement/Enforcement–principles–and–criteria/Enforcement– Principles–and–Criteria–Consultation–Paper.pdf?revision=9d8bd175–af14–419f–a77e–c3e6bb32e2fe&la=en _ TO BE UPDATED ONCE FINALISED Our approach to resolution We develop appropriate policies and procedures which deal with the recovery and resolution of distressed entities including pre–positioning of options (eg, Open Bank Resolution). We maintain close working relationships with other organisations with interests in recovery and resolution matters, including the Treasury and the FMA, as well as CoFR and relevant regulators. We plan and co-ordinate with these departments and agencies to minimise the potential financial stability impacts of a failure. We also co–ordinate our responses with overseas regulators when appropriate, for example where there is trans–Tasman ownership of a regulated firm. We will support private sector solutions where possible and in light of our objectives as kaitiaki to the financial
system. When these are unavailable or not effective, we use statutory powers to take action in response to issues, or to directly manage the resolution of distressed entities. The key elements of our resolution approach (illustrated in the regulatory response model in the diagram above):
We carry out our prudential functions with the objective of protecting and promoting the stability of New Zealand’s financial system (the financial stability objective); and in accordance with the other purposes and objectives of the prudential legislation (defined below) for different sectors.
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“Insurance (Prudential Supervision) Act 2010”
“Banking (Prudential Supervision) Act 1989”
“presented to the House of Representatives pursuant to section 237(3) of the Reserve Bank of New Zealand Act 2021”
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