New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Self-reporting

  • 11 Oct 2023

    FINANCIAL MARKETS AUTHORITY v KIWIBANK LIMITED [2023] NZHC 2856

    Citation
    [2023] NZHC 2856
    Court
    High Court

    Kiwibank contravened s 22(f) and/or (h) of the Financial Markets Conduct Act 2013 by issuing misleading account statements in relation to home loan fees, set-up fees and everyday account fees; the realistic maximum for the conduct is $5 million, the appropriate starting point is $1,250,000, and applying a 35% total discount for self-reporting, cooperation and early admission with full remediation produces a final pecuniary penalty of $812,500 which the Court imposed; s 506 is to be interpreted narrowly and does not aggregate multiple breaches of the same provision into a single maximum across…

  • 13 Oct 2020

    RENWICK v R [2020] NZCA 480

    Citation
    [2020] NZCA 480
    Court
    Court of Appeal

    The Court granted an extension of time, allowed the appeal, and held that a discrete additional guilty plea discount of 15% applied to the starting point was appropriate in this case of voluntary self-reporting following acquittal and exceptional remorse; applying the combined discounts in accordance with Moses v R reduced the starting point of seven years and six months by a total of 60% resulting in substituted sentences of three years for rape and two years concurrent for unlawful sexual connection.