Finance Company Collapses, 2006–2012 (New Zealand)
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Finance Company Collapses, 2006–2012 (New Zealand)
Between May 2006 and the end of 2012 there were sixty-seven finance company collapses in New Zealand; including companies entering into liquidation, receivership or moratoria. An inquiry by the New Zealand Parliament estimated losses at over $3 billion that affected between 150,000 and 200,000 depositors. The most high-profile collapses were South Canterbury Finance, Hanover Finance and Bridgecorp Holdings. The collapse radically reduced the size and importance of the non-bank finance sector in New Zealand. According to the Reserve Bank, at the height of financial expansion prior to the 2007 crisis, non-bank lenders had assets of about $25 billion and made up 8 percent of lending by financial institutions. By late 2013 the size of the finance sector was half its previous size and accounted for only 3 percent of institutional lending. In the years following the beginning of the collapses, sweeping legislative and regulatory changes were made, aimed at improving oversigh ...
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Auckland City From The Sky Tower
Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The most populous urban area in the country and the fifth largest city in Oceania, Auckland has an urban population of about It is located in the greater Auckland Region—the area governed by Auckland Council—which includes outlying rural areas and the islands of the Hauraki Gulf, and which has a total population of . While European New Zealanders, Europeans continue to make up the plurality of Auckland's population, the city became multicultural and cosmopolitan in the late-20th century, with Asians accounting for 31% of the city's population in 2018. Auckland has the fourth largest foreign-born population in the world, with 39% of its residents born overseas. With its large population of Pasifika New Zealanders, the city is also home to the biggest ethnic Polynesian population in the world. The Māori-language name for Auckland is ', meaning "Tāmaki desire ...
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Real Estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general."Real estate": Oxford English Dictionary online: Retrieved September 18, 2011 In terms of law, ''real'' is in relation to land property and is different from personal property while ''estate'' means the "interest" a person has in that land property. Real estate is different from personal property, which is not permanently attached to the land, such as vehicles, boats, jewelry, furniture, tools and the rolling stock of a farm. In the United States, the transfer, owning, or acquisition of real estate can be through business corporations, individuals, nonprofit corporations, fiduciaries, or any legal entity as seen within the law of each U.S. state. History of real estate The natural right of a person t ...
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Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ...
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Auckland High Court
The Auckland High Court, also known as the Tāmaki Makaurau High Court, is a Gothic Revival courthouse in the Auckland city centre, New Zealand. The Court is one of three locations used by the High Court of New Zealand across New Zealand. It is registered as a Category I heritage building by Heritage New Zealand. History Construction on the courthouse began in 1865, and was halted due to the original builder going bankrupt. Work on the structure was taken up again by Mathews and Bartley, and the building was completed in 1867. The red brick building was designed by Australian architect Edward Rumsey, who was a student of George Gilbert Scott. Rumsey's Gothic Revival design included features such as crenellated towers and gargoyles, which were carved by Prussian ship carpenter Anton Teutenberg, in designs representing judges and major dignitaries of the 1860s. The courthouse was originally called the Auckland Supreme Court, but the name was changed in 1980 to make way fo ...
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Auditor
An auditor is a person or a firm appointed by a company to execute an audit.Practical Auditing, Kul Narsingh Shrestha, 2012, Nabin Prakashan, Nepal To act as an auditor, a person should be certified by the regulatory authority of accounting and auditing or possess certain specified qualifications. Generally, to act as an external auditor of the company, a person should have a certificate of practice from the regulatory authority. Types of auditors * External auditor/ Statutory auditor is an independent firm engaged by the client subject to the audit, to express an opinion on whether the company's financial statements are free of material misstatements, whether due to fraud or error. For publicly traded companies, external auditors may also be required to express an opinion over the effectiveness of internal controls over financial reporting. External auditors may also be engaged to perform other agreed-upon procedures, related or unrelated to financial statements. Most important ...
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Directors' Duties
Directors' duties are a series of statutory, common law and equitable obligations owed primarily by members of the board of directors to the corporation that employs them. It is a central part of corporate law and corporate governance. Directors' duties are analogous to duties owed by trustees to beneficiaries, and by agents to principals. Among different jurisdictions, a number of similarities between the framework for directors' duties exist. *directors owe duties to the corporation, and not to individual shareholders, employees or creditors outside exceptional circumstances *directors' core duty is to remain loyal to the company, and avoid conflicts of interest *directors are expected to display a high standard of care, skill or diligence *directors are expected to act in good faith to promote the success of the corporation Australia General Law Directors have Fiduciary Duties under general law in Australia. They are: *Duty to act in good faith and not to act contrary t ...
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Financial Markets Authority (New Zealand)
The Financial Markets Authority (FMA) is the New Zealand government agency responsible for financial regulation. It is responsible for regulating all financial market participants, exchanges and the setting and enforcing of financial regulations. History The authority was established on 1 May 2011 as part of the ''Financial Markets (Regulators and KiwiSaver) Bill'' which was passed by the New Zealand parliament on the 7 April 2011. It was established in a wake of criticism over the failure of the previous regulatory regime to halt the failure of a large number of finance companies and to stem investor losses in the period between 2006 and 2010. It was introduced by Commerce Minister Simon Power, with him saying "This move is at the centre of the Government's drive to restore the confidence of mum and dad investors in our financial markets." Structure The FMA is controlled by a board appointed by the Minister of Commerce and run by chief executive Samantha Barrass. The board co ...
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Ponzi Scheme
A Ponzi scheme (, ) is a form of fraud that lures investors and pays profits to earlier investors with funds from more recent investors. Named after Italian businessman Charles Ponzi, the scheme leads victims to believe that profits are coming from legitimate business activity (e.g., product sales or successful investments), and they remain unaware that other investors are the source of funds. A Ponzi scheme can maintain the illusion of a sustainable business as long as new investors contribute new funds, and as long as most of the investors do not demand full repayment and still believe in the non-existent assets they are purported to own. Some of the first recorded incidents to meet the modern definition of the Ponzi scheme were carried out from 1869 to 1872 by Adele Spitzeder in Germany and by Sarah Howe in the United States in the 1880s through the "Ladies' Deposit". Howe offered a solely female clientele an 8% monthly interest rate and then stole the money that the women ...
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New Zealand Treasury
The New Zealand Treasury ( mi, Te Tai Ōhanga) is the central public service department of New Zealand charged with advising the Government on economic policy, assisting with improving the performance of New Zealand's economy, and managing financial resources. The Minister responsible for the Treasury is the Minister of Finance of New Zealand; however, from 1996 to 2002, there existed a more specific position of Treasurer of New Zealand. The role was created for Winston Peters by the Fourth National Government under Jim Bolger after the 1996 election, and abolished by Helen Clark’s government in 2002. Treasury has four main functions: * Provide advice to improve economic and fiscal conditions for high levels of economic growth and improved living standards. * Monitor and manage the financial affairs of the Crown. * Assess and test other Government agencies’ advice and proposals that have economic and financial implications. * Provide leadership, with other central agencie ...
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White-collar Crime
The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of their occupation". Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery. White-collar crime overlaps with corporate crime. Definitional issues Modern criminology generally prefers to classify the type of crime and the topic: *By the type of offense, e.g., property crime, economic crime, and other corporate crimes like environmental and health and safety law violations. Some crime is only possible because of the identity of the offender, e.g., transnational money laundering requires the par ...
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Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered. The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring and attempting to commit and offense." Over the years, the le ...
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Serious Fraud Office (New Zealand)
The Serious Fraud Office (SFO; Māori: ''Te Tari Hara Tāware'') is the public service department of New Zealand charged with detecting, investigating and prosecuting financial crimes, including corruption, of a serious and complex nature. The SFO is New Zealand's lead law enforcement agency for investigating and prosecuting serious financial crime, including bribery and corruption. The Auckland-based agency has about 50 employees of which 90 percent perform front-line activities. It has statutory independence as operational decisions are made without ministerial direction. The agency is based upon its UK counterpart as established by the Serious Fraud Office Act 1990. The SFO was established as a response to the collapse of the capital markets following the stock market crash in 1987. Investigation procedures Suspects questioned by the SFO have no right to silence and must answer questions and produce requested evidence, even if it incriminates them. However, evidence at an i ...
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