04 December 2019

Banking: NZ Association of Credit Unions v. Finzsoft

Facing a rupture to online banking facilities after Credit Union Baywide moved to consolidate control, Co-op Money NZ had the High Court block Finzsoft Solutions’ plans to terminate support for its mobile banking. 
The NZ Association of Credit Unions, known as Co-op Money NZ, provides back-office services for credit unions.  Co-op Money signed a licensing agreement with Finzsoft in 2014 agreeing use of Finzsoft’s mobile banking app for credit unions’ banking customers.  Co-op Money charges participating credit unions.  About 10,000 retail customers regularly use the service.
The High Court was told one Co-op member, Credit Union Baywide, has moved aggressively seeking to gain effective control of the Co-op.  Some credit unions have jumped ship.  Co-op Money NZ had seventeen participating credit unions in 2014; down to three after Baywide sought effective control.  Early November 2019, Finzsoft gave notice of termination; withdrawing Co-op Money’s use of its banking app.  Finzsoft’s licensing agreement allows for termination if there has been a ‘change of control’ at Co-op Money.
At Co-op Money’s request, the High Court suspended operation of this termination notice.  Co-op denies there has been a change of control as envisaged by the licensing agreement.  Next step for Co-op Money is to start talks with Finzsoft triggering a dispute resolution procedure set out in the licensing agreement, Justice Wylie ruled. Co-op Money was warned not to dally; dispute resolution is to be started promptly.  Meanwhile termination is suspended pending further order of the court.
NZ Association of Credit Unions v. Finzsoft Solutions (NZ) Ltd – High Court (4.12.19)
20.005