28 February 2018

Financial Services: Financial Services Complaints Ltd v. Ombudsman

The Ombudsman’s Office was ordered to reconsider approval of a further financial services ombudsman with a Court of Appeal ruling the Office was being overly protective of its name.  By administrative fiat, the Ombudsman’s Office was prohibiting wider use of the title ‘ombudsman’, a principle parliament had considered and rejected said the Court of Appeal.
Translated literally, ‘ombudsman’ means people’s representative.  The concept of a parliamentary ombudsman was adopted from Scandinavia in 1962.  Its function is to ensure government observes the law.  Jealous of its independence, the Office has lobbied to prevent others using the name.  Attempts to prohibit industry sectors setting up private dispute resolution services using the name ombudsman in their title failed.  The Ombudsmen Act allows private use of the title, but only with consent of the Chief Ombudsman.  To date only two dispute resolution schemes operating in New Zealand have been approved: The Banking Ombudsman Scheme and the Insurance and Savings Ombudsman Scheme.
All financial service providers are now required to join a dispute resolution scheme approved by government.  Of the four schemes approved so far, the one operated by private company Financial Services Complaints Ltd is by far the biggest.  It has more than 6500 participants.  Learning in 2015 that the Insurance and Savings Ombudsman Scheme had been given approval the replace ‘savings’ with ‘financial services’ in its name, Financial Complaints was stung into action.  It asked permission to also use the name ombudsman.  It feared that without the ombudsman moniker its service would be viewed in the marketplace as inferior.  Approval was refused.  Financial Complaints sued.
The Court of Appeal ruled that administrative guidelines used by the Ombudsman’s Office for name approval were too restrictive.
Financial Services Complaints Ltd v. Chief Ombudsman – Court of Appeal (28.02.18)

18.046