Task 1

a) Regulated financial advice

Does David give regulated financial advice in this situation? Give reasons for your answer.

You are required to:

• State whether or not David gives regulated financial advice in this situation.

• Cite and explain the relevant section(s) of the Financial Markets Conduct Act 2013 that supports your view.

b) Privacy Act 2020

David collects personal information from Kate. Does he collect this personal information in accordance with the privacy principles?

You are required to:

• Identify the four privacy principles that cover the collection of personal information.

• For each of the four principles, illustrate, with reference to the case study, whether David complies with each principle.

Kate is adamant that she made it clear she needed cover for the cost of hiring a car. Her comments suggest that Aotearoa Insurance may have breached consumer legislation. Which Act may it have breached and
how?

You are required to:

• Identify the Act that Aotearoa Insurance may have breached.

• Cite the two key sections of the Act that may have been
breached.

• Explain why these two key sections may have been breached.

d) Human Rights Act

Kate accuses Aotearoa Insurance of discrimination. Is there any evidence that Aotearoa Insurance has practiced discrimination in its dealings with Kate?

You are required to:

• State whether or not Aotearoa Insurance has practiced
discrimination in its dealings with Kate.

• Justify your decision with reference to the relevant section(s) of the Human Rights Act.

e) Complaints

Does David apply the correct process for handling complaints?

You are required to:

• State whether or not David has followed the correct process for handling Kate’s complaint.

• Justify your decision with reference to Aotearoa Insurance’s obligations as a member of the Insurance and Financial Services Ombudsman Scheme.

a) Regulated financial advice

Does Serena give regulated financial advice in this situation? Give reasons for your answer.

You are required to:

• State whether or not Serena gives regulated financial advice in this situation.

b) Anti-Money Laundering and Countering Financing of TerrorismAct 2009 (AML/CFT Act)

Serena tells Chris she needs personal information and documentation from him to satisfy the bank’s obligations under the AML-CFT Act. What are these obligations?

You are required to:

• Identify the appropriate customer due to diligence requirements in this situation.

• Explain the personal information and documentation Serena needs to meet those obligations.

• Cite the sections of the AML/CFT Act and Amended Identity Verification Code of Practice 2013 that apply in this situation.

c) Financial Markets Conduct Act (FMCA)(Part 2) and Fair Trading Act (FTA)

In the process of checking if Chris understands how KiwiSaver works, Serena avoids a potential breach of the FMCA (Part 2) and the FTA.

• What is this potential breach and how does she avoid it?

• Explain the potential breach and cite the specific
section of the FMCA (Part 2) and the specific section of the FTA that apply.

• Identify the action Serena takes to avoid the potential
breach.

• If there had been a breach, which regulator would most likely hear the case?

d) Disclosure

During their first meeting, Serena provides Chris with a disclosure statement and explains key information. During their second meeting, Serena points out that information about complaints and dispute resolution processes is available on Aotearoa Financial Planning’s
website. She also explains other key information.

• First meeting: What information must Serena disclose at this stage?

You are required to:

• Identify and explain three pieces of information Serena’s
the disclosure statement must include at this stage to meet obligations under the Financial Markets Conduct
Regulations 2014.

• Include only information that is directly relevant to the
case study.

• Second meeting: What information must Serena disclose at this stage and what information about complaints and dispute resolution processes will be displayed on Aotearoa Financial Planning’s website?