16 September 2025
Spencer Jones
[FYI request #31892 email]
Kia ora Spencer
Official Information Act request 25.031 – Part 1
Thank you for your Official Information Act 1982 (the OIA) request of 4 August 2025, for the
following information:
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.
On 26 August 2025, you clarified your request as below:
For Question 1:
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.
For Question 2:
Please confine this to formal submissions, briefings, or commentary prepared
by the Commission that reference or address retrospective legislative changes to the CCCFA.
For Question 3:
Please narrow this to records of engagement specifically addressing CCCFA
enforcement matters linked to ANZ and/or the Banking Class Action.
Our response
Questions 1 and 2
The Commission is still finalising its response to your first two questions, including completing
necessary external consultation of the material in scope of your request. We will therefore
provide you with a Part 2 response in due course.
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2
In the meantime, we can confirm that in relation to Question 2, the Commission does not hold
any correspondence with the Minister about the retrospective CCCFA change.
Question 3
Regarding Question 3, the Commission can confirm that in March 2020 and February 2021, we
entered into settlement agreements with ANZ Bank and ASB Bank respectively in relation to
consumer loan variation errors and Commission claims under the Credit Contracts and
Consumer Finance Act 2003 (publicly available on our websit
e here and here).
Where the Commission enters into a settlement with a lender in relation to conduct that may
breach legislation we enforce, this does not prevent consumers from taking their own legal
action against the lender in relation to the same matter (for example, to seek additional
compensation).
The plaintiffs in the banking class action against ANZ Bank and ASB Bank are seeking additional
compensation for the errors (i.e. over above the amounts paid pursuant to the Commission
settlements). This is a private action to which the Commission is not a party.
While the Commission can confirm it has not had any correspondence about CCCFA
enforcement and the banking class action with ANZ Bank, ASB Bank or the New Zealand
Bankers’ Association (NZBA) during 2023-2025, we require additional time to consider whether
we have had such correspondence with MBIE. We will provide you with further information in
our upcoming Part 2 response.
Further information
If you have any questions about this response, please do not hesitate to contact us at
[Commerce Commission request email].
If you are unhappy with our response, you have the right to complain to the Ombudsman.
Information about how to do this is available at
www.ombudsman.parliament.nz.
Please note, the Commission does not intend to publish this response on its website as part of
its proactive release process.
Ngā mihi nui
Adam McFerran
Senior Advisor | OIA & Information
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