“We are disappointed that the government has decided to exclude the ongoing court cases. The principle of a just and equitable approach should be confirmed to apply to all. Government officials recommended that existing cases be included in the law change, and the government previously accepted that advice.”

The New Zealand Banking Association today welcomed the government’s decision to accept the Finance and Expenditure Committee’s recommendation to fix an anomaly in the Credit Contracts and Consumer Finance Act. This will confirm disclosure errors for loans will be treated in the same way whether they occurred before or after 2019.

New Zealand Banking Association chief executive Roger Beaumont says: “The government saw that the law was inconsistent and unfair, and they’ve mostly fixed it. We welcome that decision.

“However, we are disappointed that the government has decided to exclude the ongoing court cases. The principle of a just and equitable approach should be confirmed to apply to all. Government officials recommended that existing cases be included in the law change, and the government previously accepted that advice.

“Between 2015 and 2019 any lender who made even a small mistake in the information provided to borrowers, like getting their middle name wrong, could be subject to a draconian provision in the law that, on one interpretation, would make them repay all the interest and fees paid until the error was corrected. That consequence would be totally out of proportion with the technical legal breach, especially if there was no harm to the consumer.

“It’s important to note that this law change will not stop consumers or regulators taking action against lenders for information disclosure breaches. It merely confirms that the courts should apply a ‘just and equitable’ approach. It would be up to the courts, as it should be.

“This change benefits all New Zealand lenders. It helps smaller banks, credit unions, and building societies. Alongside lenders of all sizes, we have been advocating to correct this anomaly in the law since it was introduced 10 years ago.”

ENDS

“Banks have invested heavily in the development of APIs to make open banking a reality,” he said, noting the regulations had landed just six weeks before Dec 1.”

In its application, the banking association says Armourguard had begun exercising “behaviour that would not be expected in a workably competitive market”.

The NZBA report found 40% of home loan customers are making more than their minimum repayments, while only 1.5% are behind on payments.

A quarter of all new home loans went to first home buyers in the first half of this year, data from the New Zealand Banking Association’s retail insights show.

“Many of our banks now have dedicated teams who can help customers experiencing this kind of difficulty. We can always do better, and the reviews will help us focus on how we can do that.”

The NZ Banking Association agreed with removal of AT1 for its 17 member banks, being those defined as Groups 1 and 2 by RBNZ and each having total assets of, respectively, $100b-plus and $2b-$100b.

Banking Association CEO Roger Beaumont says this is really good – and will give first-home buyers more flexibility. “They’re taking advantage of what I’d call the ‘sweet spot’ of softer house prices, combined with declining interest rates.”

The NZBA data also showed that 40% of home-loan customers were paying more than their minimum repayments, while 1.5% were behind.