As reported from the Governance and Administration Committee
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Hon Andrew Little
|4||New section 2A inserted (Transitional, savings, and related provisions)|
|2A||Transitional, savings, and related provisions|
|5||Section 28A replaced (Protection of name)|
|28A||Protection of name|
|6||New Schedule 1AA inserted|
The Parliament of New Zealand enacts as follows:
This Act is the Ombudsmen (Protection of Name) Amendment Act 2019.
This Act comes into force on the day after the date on which it receives the Royal assent.
This Act amends the Ombudsmen Act 1975 (the principal Act).
After section 2, insert:
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Replace section 28A with:
A person may not use the name
“Ombudsman” in connection with any business, trade, or occupation or the provision of any service, whether for payment or otherwise, or hold themselves out to be an Ombudsman unless—
the person is an Ombudsman appointed under section 3 of this Act; or
the person is appointed by the Chief Ombudsman under section 11 of this Act as an officer or employee holding a position with a title that includes the word
the person has been permitted by the Minister to use that name.
The Minister may only give permission under subsection (1)(c) to—
a department named in Part 1 of Schedule 1:
an organisation named in Part 2 of Schedule 1.
A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.
In this section, Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.
Insert the Schedule 1AA set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.
In this Part, Amendment Act means the Ombudsmen (Protection of Name) Amendment Act 2019.
“ Ombudsman ” (1) This clause applies to the following persons: the Banking Ombudsman Scheme Limited; and the Insurance & Financial Services Ombudsman Scheme Incorporated. (2) The persons to whom this clause applies are entitled to continue to use “ Ombudsman ” in their current names as if the Amendment Act had not been enacted.
This clause applies if the Chief Ombudsman consents (whether before or after the commencement of the Amendment Act) to FSCL’s application under section 28A(1) of the Ombudsmen Act 1975 to use the name
If this clause applies, FSCL may use
“Ombudsman” in its name in accordance with the consent given by the Chief Ombudsman as if the Amendment Act had not been enacted.
In this clause, FSCL means Financial Services Complaints Limited, the appellant in the proceedings that were the subject of the judgment of the Court of Appeal reported in Financial Services Complaints Limited v Chief Ombudsman  NZCA 27.
30 April 2019
Introduction (Bill 133–1)
8 May 2019
First reading and referral to Governance and Administration Committee