New Zealand Captive Insurance Association
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Draft Non-Life Solvency Standard Version 2 - Quantitative Impact Analysis
In order to further analyse the proposed draft solvency approach we would like to continue to assess its effect at an individual insurer level.

A revised Quantitative Impact Assessment (“QIS”) calculation template is attached, which reflects the draft Non-Life Solvency Standard sent to you on 26 February.  If you are able to complete the template - using data from your most recently reported annual accounts - and send it to us, that would be very useful.   All information received will be treated as strictly confidential and will not be available for public release.

If you have a group of companies, the QIS 2 template should be completed for each non-life insurer and a separate consolidated version, including the subsidiaries of the insurer (please refer to paragraph 24 of the solvency standard).

May we request that you complete the QIS 2 template as fully as possible and send it to David Williams (email address is david.williams@rbnz.govt.nz ) by no later than 26 March 2010.  If you have any queries please contact David on 04 471 3748 in the first instance. See attached file: General insurance solvency calculation template QIS 2 - March 2010 (2).xls

Insurance (Prudential Supervision) Bill - Draft Solvency Standard for Non-Life Insurance - Version 2.
In July 2009 the Reserve Bank released for stakeholder consultation a draft Solvency Standard for Non-Life Insurance, and we received more than 30 constructive submissions in response. Later in 2009 we sought inputs to a quantitative impact analysis of the draft Solvency Standard and we received a similar number of responses to this exercise.

Inputs in both areas have informed further development of the draft Solvency Standard for Non-Life insurance, and we now release Version 2 for stakeholder consultation. Stakeholder inputs on this version of the standard will inform the final outcome of this standard.

Some of the key areas that have been amended in Version 2 are as follows:

    1. Definitions of Capital and Deductions from Capital have been refined
    2. Amendment to the Insurance Risk Capital Charge to now reflect a Premium Liabilities-based model
    3. Different handling of the non-insurance capital charge
    4. Minimum capital requirements now quantified
    5. Variation to the Asset Risk Capital Factors
    6. Deletion of the Liquidity Risk Capital Charge
    7. Amendment to the Asset Concentration Risk calculation
    8. Clarification of the Asset / Liability Mismatch provisions
    9. Amendment to the Related Party Assets consideration in respect of Captive Insurers
    10. Clarification around Financial Reporting Requirements
    11. Clarification regarding Solvency Ratio disclosure requirements
    12. Plus a number of other lesser amendments
If you wish to comment on Version 2 of the draft standard, please send your responses by replying to this Email. The closing date for responses to this consultation will be 26 March 2010. See attached file: Draft Solvency Standard for Non- Life Insurance Version 2.doc

Minter Ellison has provided the following document for our members: Financial Services Update.
See attached file: AML15Feb2010.pdf

NZCIA Submission to the Finance and Expenditure Committee on the Insurance (Prudential Supervision) Bill

News Articles concerning the association stand on the Insurance (Prudential Supervision) Bill

New Insurance Legislation allows foreign insurance companies to operate unregulated
New insurance legislation set for its reading in Parliament would create an unregulated insurance industry in New Zealand, says the New Zealand Captive Insurance Association (NZCIA) in a press release.

The NZCIA was commenting on the Insurance (Prudential Supervision) Bill, which will not regulate foreign companies that set up insurance subsidiaries in New Zealand.

A captive insurance company is an insurance entity designed to underwrite the risks of its parent corporation only. Some of New Zealand's most iconic companies, such as Fonterra, Air New Zealand and Carter Holt Harvey, have set up their own captives.

NZCIA President Peter Lowe said the Bill, which was drafted by the Reserve Bank, regulates domestically-owned captives, but does not provide for foreign-owned captives to be licensed, nor to be subject to the offences under the Bill. There are currently six Australian-owned captives set up in New Zealand. "Foreign owned captives are forming in New Zealand and want to be regulated. The Reserve Bank is, by default, encouraging an unregulated foreign insurance industry in this country. This will be extremely harmful for New Zealand's international financial services reputation."

Mr Lowe said the policy decision by the Reserve Bank contrasts with the views of both the OECD and the International Association of Insurance Supervisors. "Captive insurance isn't a new, high-risk industry; there are thousands of these companies set up in the USA, Singapore, Ireland and 40 other regulated countries. There is simply no logic behind this move, nor has any rationale been given to us by either the Reserve Bank or Finance Minister Bill English.

While the industry is still fledgling in New Zealand, there are 22 captive insurance companies currently operating which collectively underwrite $80 million in gross premiums annually and pay New Zealand income tax of $7 million per year.

"With the right regulation, within ten years we believe the industry could grow to 150 captives paying $50 million a year in tax to the Government," said Mr Lowe.

Inside this week's edition of BestWeek Asia/Pacific...

New Zealand's captive insurance industry is aiming for the gradual growth of its business base in the Asia-Pacific region by building on its base of Australian-owned foreign captives and domestic captives.

The Asia-Pacific region's insurance business development and current economic climate will drive demand for captive insurance in the region, said Peter Lowe, president of the New Zealand Captive Insurance Association.

The Insurance (Prudential Supervision) Bill was given its first reading in Parliament on Tuesday December 8th. Submissions to the Finance and Expenditure Committee in respect of the Bill are now invited.

This link is to the New Zealand Parliament website that provides further detail regarding the process. This link will also be posted on the Reserve Bank website.

Please note the closing date for submissions is 10 February 2010. www.parliament.nz

New laws urged to keep captive insurance firms
A lobby group for the captive insurance industry claims New Zealand could miss out on millions of dollars of economic benefits if it does not regulate foreign-owned companies. New Zealand Captive Insurance ... More

Insurance (Prudential Supervision) Bill – first reading - memo to client

Captive insurance regulations could unregulate industry
New insurance legislation could create an unregulated captive insurance industry in New Zealand, the New Zealand Captive Insurance Association says ... More

NEW INSURANCE LEGISLATION ALLOWS FOREIGN INSURANCE COMPANIES TO
OPERATE UNREGULATED
See attached file: NZCIA Press Release December 2009.pdf

Article from the National Business Review in New Zealand >>

The Reserve Bank has completed its consultation period and has issued the draft Insurance (Prudential Supervision) Bill to the New Zealand Parliament for its first reading. See attached file: Insurance Prudential Supervision Bill - introduced Oct 29.pdf

NZCIA White Paper on the New Zealand Captive Insurance Industry and the economic benefits for New Zealand. See attached file: NZ Captive Industry Int _9 March_.pdf

The NZCIA presented to Ms Amy Adams, Mr Aaron Gilmore, Mr Raymond Huo and Mr Brendan Burns of the Finance and Expenditure Select Committee. The presentation highlighted the economic value the captive industry is providing to the New Zealand economy.See attached file: Microsoft PowerPoint - Captive benefits - finance Select committee.pdf

The New Zealand Captive Insurance Association has recently submitted testimony to the Reserve Bank on the proposed Solvency Standards for Non Life Insurance companies.

Summary of NZCIA Position to Reserve Bank Prudential Supervision August 2009
See attached file: Summary of NZCIA Position to Reserve Bank Prudential Supervision August 2009

Draft Solvency Standard for Non-Life Insurance, plus Accompanying Discussion Document - The proposed Insurance (Prudential Supervision) legislation will include, in regulations, solvency standards appropriate to both the Life and Non-Life sectors of the New
Zealand insurance industry. A first step toward this requirement has been the development, in conjunction with the New Zealand Society of Actuaries, of a draft Solvency Standard for Non-Life Insurance. (Development work on the solvency standard for life insurance, starting from the existing NZSA life standard, will follow later in 2009). Draft Non-Life Solvency Standard released 06072009.pdf

Draft Prudential Insurance legislation and Risk Management - Literature Review and Submission by Chris Peace of Risk Management Ltd See attached file: RML 2009 0070 Insurance legislation.pdf

New Zealand Captive Insurance Association has submitted testimony to the Reserve Bank on the Draft Insurance ( Prudential Supervision) Bill. The Association will testify in front of the Select Committee when the bill is called. See attached file: NZCIA Submission to Reseve Bank June 22 2009.pdf

Ernst & Young is pleased to send the NZCIA it's latest Insurance Accounting Alert: This is a series of papers, designed to alert insurance executives to IASB/FASB activity on insurance contracts. See attached file: E&Y Insurance Accounting Update June 2009.pdf

Minter Ellison Rudd Watts and Deloitte would like to invite the members of the NZCIA to our Anti-Money Laundering Seminars:

Insurance (Prudential Supervision) Bill Draft April 09
Download PDF >>

New Zealand Captive Insurance Association Press Release 5 May 2009
The Reserve Bank of New Zealand has released “Insurance (Prudential Supervision) Bill” draft for consultation.  The Reserve Bank is asking for submissions by interested stakeholders no later than 22 June 2009.  The Association is conducting a review of this draft legislation and in consultation with its members, will respond to the Reserve Bank on the matters discussed in this draft legislation.

Willis ART / Captive Consulting Practice
Willis is pleased to announce that the Willis ART / Captive Practice has secured André Kyburz’ services as a Consultant.

André is a qualified Chartered Accountant with a Bachelor of Economics, Certified Insurance Professional, Member of the Australian & New Zealand Institute of Insurance & Finance and a Certified Finance & Treasury Professional.

André is considered to be one of Australia’s leading Risk Financing Specialist having worked both in Captive Management and Alternative Risk Financing for major consulting organisations. André brings international insurance experience and ART expertise including designing and placement of international reinsurance programmes, conducting captive feasibility and discretionary mutual fund studies and audits. He has provided risk finance advice and consulting services to major Australian organisations including the incorporation of numerous captive insurance companies in the Australasian market.

The Willis ART / Captive Practice is pleased to have André contributing to the team to further enhance the service Willis can provide to its clients in this highly sophisticated area of insurance and risk management.

International Association of Insurance Supervisors - Guidance Paper on the Regulation and Supervision of Captive Insurers >>

Reserve Bank Cabinet Paper July 2008 >>
REVIEW OF FINANCIAL PRODUCTS AND PROVIDERS: PRUDENTIAL REGULATION OF INSURANCE

NZCIA commentary and submission on Cabinet & Economic Development Committee Office of Finance Cabinet Paper >>

Meeting with the Reserve Bank
On 24 June we met with Richard Dean and David Williams of the Reserve Bank and
presented information papers and our comments on the Reserve Bank discussion
paper. From their responses it seems fair to say that the Reserve Bank understands
our submissions and position and will take these into account when developing draft
legislation for introduction to parliament. This draft legislation will then be subject to
scrutiny by Select Committee and MPs as well as public submissions.

Asia Pacific Rendezvous
The Asia Pacific Rendezvous 2008 is being held in Singapore on July 10 and 11. The President of the NZCIA, Peter Lowe, is speaking on Domicile Panel with representatives from Singapore, Hawaii Vanuatu, Hong Kong, Labuan and Guam. The organiser have offered Speaker discounts of 25% for NZCIA members. Agenda and entry form >>

Review of Financial Products and Providers
Prudential Regulation of Insurance consultation Document >>

NZCIA submission to the Reserve Bank of New Zealand >>

Latest Press Release >>

Reserve Bank welcomes new insurance responsibilities
Date 17 December 2007
Reserve Bank Governor Alan Bollard today welcomed the Cabinet decision that the Bank will take on new responsibilities under a regulatory framework for the prudential regulation of the insurance sector.

The prudential framework will apply to all insurance providers, including life, health and general insurance.

The Bank’s role as regulator and supervisor of the insurance sector will include licensing insurers and enforcing disclosure requirements, including a mandatory rating of an insurer’s financial strength.

Dr Bollard said the prudential requirements will not be overly prescriptive and will place emphasis on directors’ responsibilities to effectively manage the risks within their businesses. The objective of the new prudential requirements will be to encourage the maintenance of a sound and efficient insurance sector that promotes confidence among policyholders.

“The insurance sector is an important part of the financial system which underpins economic activity,” Dr Bollard commented. “Policyholders need to have confidence in insurance providers that insurance claims will be honoured. While prudential supervision can never eliminate the possibility of failures within the sector, licensing of all insurance providers helps to ensure that minimum requirements are applied to the sector in a consistent manner.”

The Reserve Bank will consult with stakeholders in developing the necessary regulations.
Legislation will be introduced in 2008, and is expected to be brought into force at some point in 2010.

NZCIA meeting with Reserve Bank of New Zealand - Insurance Company Regulation
Recently Mr Warren Maslin, Mr Patrick Vandernoll and Mr Peter Lowe meet with Reserve Bank of New Zealand officials Margaret Griffin and David Williams. during this meeting the NZCIA explained our position of the proposed legislation and why captive insurance companies should be exempt from sections of the legislation. Please find attached the information provided to the Reserve Bank. See attached file >>

Wairau Valley SpecialThe NZCIA donated a number of conference bags to the Wairau Valley Special School. The donation was organised by Patrick Vandernoll whose wife is a teacher at the school. The students have given the Association a painting of Auckland as a thank you. Read their thankyou letter >>

New Zealand Captive Insurance Legislation - the Future >>
By Sabina Binkelmann, DLA Philips Fox, Auckland, New Zealand
[PowerPoint file, 158KB]

Australian Prudential Regulation Authority (APRA) - 31 July 2007
Discussion Paper -
Refinements to the General Insurance Prudential Framework >>

Captive law: Global evolution of captive insurance legislation >>
Captive & Art Review, June/July 2007

Asia Pacific Captive Conference >>

Latest IBANZ Member Newsletter outlining the Commerce Ministers Announcement regarding Financial Sector Changes >>

Australian Prudential Regulatory Authority (APRA) announcement on DOFI's >>

New Zealand Captive Conference >>

Ministry of Economic Development Summary of Submissions

NZCIA submission to the Ministry of Economic Development discussion document
"Review of Financial Products and Providers":

Captive Insurance Companies >>

Business Law Reform Bill:

Review of Financial Products and Providers: Discussion Documents:

Decision Making in Uncertain Times
3rd National Conference on Risk Management >>
www.risksociety.org.nz

Reinsurance Overview. This document discusses the evolving shape of the international reinsurance market >>
Willis June 2006

A captive audience - The slowing growth in new captive formations does not mean risk managers’ enthusiasm for this form of risk transfer has waned >>
Reactions May 2006

Australian Treasury discussion paper:

Regulation of Discretionary Mutual Funds and Direct Offshore Foreign Insurers >>
NZCIA Response to Australian Treasury discussion paper >>

Captive Insurers - Developing Appropriate Criteria to Exempt them from Prudential Regulation:

NZCIA Response to NZ Treasury >>
NZ Ministry Acknowledgement >>

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