Commerce Commission Position on CCCFA Enforcement and Class Action Settlement
SPENCER JONES made this Official Information request to Commerce Commission
Response to this request is long overdue. By law Commerce Commission should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: SPENCER JONES
Dear Commerce Commission,
Under the OIA, I request:
1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action implications.
Please provide in electronic form. If redactions apply, please cite relevant grounds.
Yours faithfully,
SPENCER JONES
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission. This email
is to confirm that we have received your correspondence.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days. You can check the
maximum time limit within which Commerce Commission click here to access
the Ombudsman’s OIA Response Calculator
If we need to clarify, or transfer your request, or extend the timeframe
for response, we will contact you shortly.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
This email may contain information that is confidential or legally
privileged. If you have received this email in error please immediately
notify the sender and delete the email, without using it in any way. The
views presented in this email may not be those of the Commission.
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Kia ora Spencer
The Commerce Commission (the Commission) acknowledges receipt of your
request dated 4 August 2025 for information under the Official Information
Act 1982 (OIA). You have requested:
"1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
Please provide in electronic form. If redactions apply, please cite
relevant grounds."
Your request has been logged as OIA 25.031.
We will be in touch with a decision on your request by no later than 1
September 2025.
If we need to clarify your request further, we will be in touch with you
shortly.
If you need to get in touch with us, you can reply to this email or
contact us at [1][Commerce Commission request email].
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[2][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[3]comcom.govt.nz [4]X [5]Facebook [6]LinkedIn
show quoted sections
From: Commerce Commission OIA Requests
Commerce Commission
Dear Spencer,
We refer to your 4 August 2025 request to the Commerce Commission
(Commission) under the Official Information Act (OIA) for:
1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
We have discussed internally and consider that as drafted, your request
covers a very broad range of material. As you are aware requests that
require substantial collation may be refused under section 18(f) of the
OIA, as responding to such requests can interfere with the Commission’s
day-to-day operations.
To ensure you receive all information you are interested in, within a
reasonable time period, can you please clarify the following:
• Item 1
o Are the internal communications, memos, or advice limited in any way?
E.g. to updates/decision documents provided to the Commission’s
Consumer Division (i.e., the decision makers)
o Is there a relevant timeframe that the settlement(s) relate to? E.g.
2015 to 2025
o Is there a relevant timeframe that you are interested in regarding any
internal discussions about the scope, merit, or legal standing of the
Banking Class Action?
• Item 2
o Is the commentary/submissions made to MBIE/Minister limited in any
way? E.g. as to the retrospective change?
• Item 3
o The Commission has ongoing engagement with the listed entities as part
of its responsibility for the CCCFA and CCCFA enforcement covers an
array of potential obligations. This aspect of your request would
need to be significantly narrowed in order for us to respond so are
you able to clarify the information you are seeking?
It would be appreciated if you could please respond to this email by 18
August 2025.
Please note, your clarified request will be considered as a new request
for the purpose of calculating the maximum statutory timeframe for
response.
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[1][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[2]comcom.govt.nz [3]X [4]Facebook [5]LinkedIn
From: Commerce Commission OIA Requests <[Commerce Commission request email]>
Sent: Tuesday, 5 August 2025 10:16 am
To: SPENCER JONES <[FOI #31892 email]>
Subject: Commerce Commission - OIA 25.031 - Acknowledgement of Receipt
[CCNZ-IMANAGE.FID457541]
Kia ora Spencer
The Commerce Commission (the Commission) acknowledges receipt of your
request dated 4 August 2025 for information under the Official Information
Act 1982 (OIA). You have requested:
"1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
Please provide in electronic form. If redactions apply, please cite
relevant grounds."
Your request has been logged as OIA 25.031.
We will be in touch with a decision on your request by no later than 1
September 2025.
If we need to clarify your request further, we will be in touch with you
shortly.
If you need to get in touch with us, you can reply to this email or
contact us at [6][Commerce Commission request email].
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[7][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[8]comcom.govt.nz [9]X [10]Facebook [11]LinkedIn
show quoted sections
From: Commerce Commission OIA Requests
Commerce Commission
Kia ora
Further to our email of 13 August, the Commission is interested in hearing
from you to help clarify your request.
We would be grateful if you could please let us know your views by close
of business Thursday, 21 August 2025.
Many thanks.
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[1][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[2]comcom.govt.nz [3]X [4]Facebook [5]LinkedIn
From: Commerce Commission OIA Requests
Sent: Wednesday, 13 August 2025 3:31 pm
To: [FOI #31892 email]
Subject: Commerce Commission - OIA 25.031 - Clarifying your request
[CCNZ-IMANAGE.FID457541]
Dear Spencer,
We refer to your 4 August 2025 request to the Commerce Commission
(Commission) under the Official Information Act (OIA) for:
1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
We have discussed internally and consider that as drafted, your request
covers a very broad range of material. As you are aware requests that
require substantial collation may be refused under section 18(f) of the
OIA, as responding to such requests can interfere with the Commission’s
day-to-day operations.
To ensure you receive all information you are interested in, within a
reasonable time period, can you please clarify the following:
• Item 1
o Are the internal communications, memos, or advice limited in any way?
E.g. to updates/decision documents provided to the Commission’s
Consumer Division (i.e., the decision makers)
o Is there a relevant timeframe that the settlement(s) relate to? E.g.
2015 to 2025
o Is there a relevant timeframe that you are interested in regarding any
internal discussions about the scope, merit, or legal standing of the
Banking Class Action?
• Item 2
o Is the commentary/submissions made to MBIE/Minister limited in any
way? E.g. as to the retrospective change?
• Item 3
o The Commission has ongoing engagement with the listed entities as part
of its responsibility for the CCCFA and CCCFA enforcement covers an
array of potential obligations. This aspect of your request would
need to be significantly narrowed in order for us to respond so are
you able to clarify the information you are seeking?
It would be appreciated if you could please respond to this email by 18
August 2025.
Please note, your clarified request will be considered as a new request
for the purpose of calculating the maximum statutory timeframe for
response.
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[6][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[7]comcom.govt.nz [8]X [9]Facebook [10]LinkedIn
From: Commerce Commission OIA Requests <[11][Commerce Commission request email]>
Sent: Tuesday, 5 August 2025 10:16 am
To: SPENCER JONES <[12][FOI #31892 email]>
Subject: Commerce Commission - OIA 25.031 - Acknowledgement of Receipt
[CCNZ-IMANAGE.FID457541]
Kia ora Spencer
The Commerce Commission (the Commission) acknowledges receipt of your
request dated 4 August 2025 for information under the Official Information
Act 1982 (OIA). You have requested:
"1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
Please provide in electronic form. If redactions apply, please cite
relevant grounds."
Your request has been logged as OIA 25.031.
We will be in touch with a decision on your request by no later than 1
September 2025.
If we need to clarify your request further, we will be in touch with you
shortly.
If you need to get in touch with us, you can reply to this email or
contact us at [13][Commerce Commission request email].
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[14][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[15]comcom.govt.nz [16]X [17]Facebook [18]LinkedIn
show quoted sections
SPENCER JONES left an annotation ()
Annotation on Commerce Commission OIA Request (OIA 25.031)
The Commerce Commission’s reply on 19 August 2025 seeks clarification on my OIA request, noting its broad scope may lead to refusal under section 18(f) of the OIA. While I have provided clarifications in good faith to assist in processing the request, I note their intention to treat any clarified request as a “new” request, resetting the 20-working-day statutory timeframe. I remind the Commission that Ombudsman guidance (as per the Official Information Act guidelines) specifies that clarifications should not automatically restart the timeframe, particularly when provided promptly and in good faith.
This approach appears to reflect a strategy of narrowing accountability and managing process risk, rather than prioritising transparency as required under the OIA. The public interest in understanding the Commission’s actions regarding CCCFA enforcement, the ANZ settlement (2018–2020), and the Banking Class Action is substantial, given their implications for consumer protection and financial oversight. I expect the Commission to adhere to its duty under section 18B of the OIA to assist requesters. Should unnecessary delays or refusal occur, I will consider escalating this matter to the Ombudsman to ensure compliance with the principles of open governance.
From: Commerce Commission OIA Requests
Commerce Commission
Tēnā koe Mr Jones
On 13 and 19 August, the Commission contacted you seeking clarification of
your request.
On 26 August, the Commission became aware of the two annotations you added
to your FYI page, one of which outlining your willingness to clarify your
request in good faith.
Unfortunately, because your reply was uploaded to FYI as an annotation
only, the Commission was not directly notified about your reply at the
time of posting. However, we have now noted your comments and thank you
for your willingness to refine. Your suggestions have been very helpful to
us and we will continue to work on providing our response as soon as we
can.
The Commission notes your second annotation raised concerns about your
clarified request being considered a new request for the purpose of
calculating the maximum statutory timeframe response. While you are
correct that clarifications do not automatically restart the timeframe,
due to the complexities involved in meeting your particular request, the
Commission can at its discretion reset the timeframe from the date of your
clarification (19 August). As such, we will be in touch with a decision on
your request by no later than 16 September 2025.
If you have any questions about this, please do not hesitate to email us
at [1][Commerce Commission request email].
If you are unhappy with our decisions so far, you have the right to
complain to the Ombudsman. Information about how to do this is available
at [2]www.ombudsman.parliament.nz.
Nāku noa, nā
Adam McFerran ([3]he/him)
Senior Advisor | OIA & Information
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[4]comcom.govt.nz [5]Facebook [6]LinkedIn
From: Commerce Commission OIA Requests
Sent: Tuesday, 19 August 2025 11:00 am
To: [FOI #31892 email]
Subject: RE: Commerce Commission - OIA 25.031 - Clarifying your request
[CCNZ-IMANAGE.FID457541]
Kia ora
Further to our email of 13 August, the Commission is interested in hearing
from you to help clarify your request.
We would be grateful if you could please let us know your views by close
of business Thursday, 21 August 2025.
Many thanks.
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[7][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[8]comcom.govt.nz [9]X [10]Facebook [11]LinkedIn
From: Commerce Commission OIA Requests
Sent: Wednesday, 13 August 2025 3:31 pm
To: [12][FOI #31892 email]
Subject: Commerce Commission - OIA 25.031 - Clarifying your request
[CCNZ-IMANAGE.FID457541]
Dear Spencer,
We refer to your 4 August 2025 request to the Commerce Commission
(Commission) under the Official Information Act (OIA) for:
1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
We have discussed internally and consider that as drafted, your request
covers a very broad range of material. As you are aware requests that
require substantial collation may be refused under section 18(f) of the
OIA, as responding to such requests can interfere with the Commission’s
day-to-day operations.
To ensure you receive all information you are interested in, within a
reasonable time period, can you please clarify the following:
• Item 1
o Are the internal communications, memos, or advice limited in any way?
E.g. to updates/decision documents provided to the Commission’s
Consumer Division (i.e., the decision makers)
o Is there a relevant timeframe that the settlement(s) relate to? E.g.
2015 to 2025
o Is there a relevant timeframe that you are interested in regarding any
internal discussions about the scope, merit, or legal standing of the
Banking Class Action?
• Item 2
o Is the commentary/submissions made to MBIE/Minister limited in any
way? E.g. as to the retrospective change?
• Item 3
o The Commission has ongoing engagement with the listed entities as part
of its responsibility for the CCCFA and CCCFA enforcement covers an
array of potential obligations. This aspect of your request would
need to be significantly narrowed in order for us to respond so are
you able to clarify the information you are seeking?
It would be appreciated if you could please respond to this email by 18
August 2025.
Please note, your clarified request will be considered as a new request
for the purpose of calculating the maximum statutory timeframe for
response.
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[13][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[14]comcom.govt.nz [15]X [16]Facebook [17]LinkedIn
From: Commerce Commission OIA Requests <[18][Commerce Commission request email]>
Sent: Tuesday, 5 August 2025 10:16 am
To: SPENCER JONES <[19][FOI #31892 email]>
Subject: Commerce Commission - OIA 25.031 - Acknowledgement of Receipt
[CCNZ-IMANAGE.FID457541]
Kia ora Spencer
The Commerce Commission (the Commission) acknowledges receipt of your
request dated 4 August 2025 for information under the Official Information
Act 1982 (OIA). You have requested:
"1. Any internal communications, memos, or advice related to:
- The Loan Calculator Error remediation by ANZ (2018–2020);
- Settlements reached with ANZ regarding disclosure breaches;
- The scope, merit, or legal standing of the Banking Class Action.
2. Any commentary or submissions made to MBIE or the Minister about:
- The Credit Contracts and Consumer Finance Amendment Bill (2025);
- The appropriateness of retrospective legislative changes.
3. All correspondence between 2023 and 2025 with:
- ANZ, ASB, MBIE, or NZBA regarding CCCFA enforcement or class action
implications.
Please provide in electronic form. If redactions apply, please cite
relevant grounds."
Your request has been logged as OIA 25.031.
We will be in touch with a decision on your request by no later than 1
September 2025.
If we need to clarify your request further, we will be in touch with you
shortly.
If you need to get in touch with us, you can reply to this email or
contact us at [20][Commerce Commission request email].
Ngā mihi
OIA and Information Coordinator
Commerce Commission | Te Komihana Tauhokohoko
[21][Commerce Commission request email]
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[22]comcom.govt.nz [23]X [24]Facebook [25]LinkedIn
show quoted sections
From: SPENCER JONES
Kia ora Adam,
Thank you for your 27 August 2025 response regarding my Official Information Act (OIA) request (OIA 25.031) and for acknowledging my clarification of 26 August 2025. I appreciate the Commission’s confirmation that a substantive response will be provided by 16 September 2025.
That said, I remain concerned about the treatment of my clarification as a “new” request. As noted in my annotation of 26 August, Ombudsman guidance is clear that clarifications provided in good faith do not automatically reset the statutory timeframe. My clarification narrowed and refined the scope (document types, timeframes, and subject matter) without fundamentally altering the request’s intent. In the spirit of the OIA’s purpose—timely availability of information for public accountability—I respectfully request that you expedite processing wherever possible, aiming to align the response with the original due date of 1 September 2025.
To further support efficiency and transparency, please also confirm whether a document schedule or index exists within the clarified scope. If so, I request its release (with any lawful redactions as necessary). Provision of such a schedule would help streamline the process, minimise collation burdens, and ensure that any withholding grounds are clear and specific, consistent with section 18B of the OIA.
I look forward to receiving your substantive response no later than 16 September 2025 and appreciate the Commission’s efforts to progress this matter, given the high public interest in CCCFA enforcement, the ANZ settlement, and the Banking Class Action.
If you require any further clarification, please contact me via this email or through the FYI platform.
Kind regards,
Spencer Jones
SPENCER JONES left an annotation ()
Annotation on OIA Request 25.031 – Commerce Commission Position on CCCFA Enforcement and Class Action Settlement
Thank you to all following this Official Information Act (OIA) request regarding the Commerce Commission’s actions on CCCFA enforcement, the ANZ Loan Calculator Error remediation (2018–2020), and the Banking Class Action. I’m providing an update to keep the public informed on the progress of this request, which seeks to shed light on matters of significant consumer and financial oversight importance.
On 27 August 2025, the Commerce Commission responded, acknowledging my clarification (posted 26 August 2025) that narrowed the request’s scope to manageable parameters, including specific document types, timeframes, and a focus on CCCFA enforcement related to ANZ and the Banking Class Action. They noted they were unaware of my clarification until checking the FYI platform, as it was posted as an annotation. They have set a new response deadline of 16 September 2025, treating the clarification as a “new” request.
I have concerns that resetting the timeframe may not fully align with Ombudsman guidance, which emphasizes that clarifications should not automatically restart the 20-working-day period. My original request was submitted on 4 August 2025, and the clarification was provided promptly in good faith to assist the Commission. I’ve followed up via email, urging them to expedite their response and requesting a document schedule/index to ensure transparency, as per section 18B of the OIA.
The status of this request remains “awaiting response,” as the 27 August reply was procedural and did not contain the requested information. I expect the Commission’s substantive response by 16 September 2025 and will update this page accordingly. The public interest in understanding the Commission’s handling of CCCFA enforcement and related settlements is significant, and I’m committed to pursuing transparency on these issues. If delays or inadequate responses occur, I will consider escalating to the Ombudsman to uphold the principles of open governance.
Thank you for your interest and support. I encourage anyone following this request to stay engaged, as it addresses critical issues of consumer protection and accountability in New Zealand’s financial sector.
Spencer Jones
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission. This email
is to confirm that we have received your correspondence.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days. You can check the
maximum time limit within which Commerce Commission click here to access
the Ombudsman’s OIA Response Calculator
If we need to clarify, or transfer your request, or extend the timeframe
for response, we will contact you shortly.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
This email may contain information that is confidential or legally
privileged. If you have received this email in error please immediately
notify the sender and delete the email, without using it in any way. The
views presented in this email may not be those of the Commission.
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Tēnā koe Mr Jones
Thank you for your reply of 31 August and my apologies for not acknowledging or responding sooner.
In reply, confirming a document schedule or index within the clarified scope does not exist.
We will in touch again with our substantive response in due course and by no later than 16 September 2025.
Nāku noa, nā
Adam McFerran (he/him)
Senior Advisor | OIA & Information
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
comcom.govt.nz Facebook LinkedIn
show quoted sections
SPENCER JONES left an annotation ()
**Update (4 Sept 2025):** The Commerce Commission has confirmed that no document schedule/index exists within the clarified scope of this request. They have reiterated that a substantive response will be provided by **16 September 2025**.
My clarification of **26 August 2025** narrowed rather than replaced the original **4 August request**. Ombudsman guidance notes clarifications should not automatically restart the statutory timeframe, so while I accept 16 September as the Commission’s backstop date, I maintain that the original **1 September 2025** deadline should still guide timely release.
This request addresses matters of significant public interest—CCCFA enforcement, ANZ’s remediation for disclosure breaches, and the Banking Class Action—and I will review the Commission’s substantive response closely for completeness and transparency.
From: Commerce Commission OIA Requests
Commerce Commission
Tēnā koe Mr Jones
Thank you again for your OIA request of 27 August 2025.
The first part of our response is now attached.
If you have any questions, please do not hesitate to contact us at
[1][Commerce Commission request email].
If you are unhappy with this response, you have the right to make a
complaint to the Ombudsman. Information about how to do this is available
at [2]www.ombudsman.parliament.nz.
Nāku noa, nā
Adam McFerran ([3]he/him)
Senior Advisor | OIA & Information
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[4]comcom.govt.nz [5]Facebook [6]LinkedIn
show quoted sections
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SPENCER JONES left an annotation ()
Subject: Clarification of OIA Request – CCCFA Enforcement & Class Action Settlement
Kia ora Commerce Commission,
Thank you for your letter of 19 August 2025 seeking clarification of my OIA request. I confirm the following clarifications to ensure the scope is manageable, while preserving the substantive matters of public interest:
Item 1 – Internal Communications, Memos, or Advice
Please limit this to decision memos, briefings, or internal updates provided to the Commission’s Consumer Division or Commissioners.
Timeframe: 1 January 2015 – 1 August 2025.
Scope: Documents relating to (a) the ANZ settlement regarding disclosure breaches, and (b) discussions on the scope, merit, or legal standing of the Banking Class Action.
Item 2 – Commentary or Submissions to MBIE or Minister
Please confine this to formal submissions, briefings, or commentary prepared by the Commission that reference or address retrospective legislative changes to the CCCFA.
Timeframe: 1 January 2019 – 1 August 2025.
Item 3 – Engagement with ANZ, ASB, MBIE, and NZBA
Please narrow this to records of engagement specifically addressing CCCFA enforcement matters linked to ANZ and/or the Banking Class Action.
For clarity, this excludes routine or general CCCFA compliance matters and focuses on substantive discussions of class action implications, settlement oversight, or retrospective law change considerations.
Procedural Clarification
This correspondence is provided as a clarification of my original request, not a “new” request. As per Ombudsman guidance, I ask the Commission to continue calculating the 20-working-day timeframe from the date of my original request (6 August 2025).
If a document schedule or index exists that would assist further refinement, please release it (with redactions if necessary).
Kind regards,
Spencer Jones
Link to this