• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • Skip to footer
  • Subscribe
  • Twitter
  • RSS Feed

Investment News NZ

Investment News provides financial advisers news stories from the financial industry in New Zealand. Subscribe to our free weekly newsletter.

  • Home
  • News
  • Kiwisaver
  • Subscribe
  • About
  • Advertise
  • Contact
Home » ASIC cracks the whip as crypto-platform licensing nears

ASIC cracks the whip as crypto-platform licensing nears

March 24, 2024

Alan Kirkland:ASIC commissioner

The Australian Securities and Investments Commission (ASIC) has put the country’s ‘digital asset’ sector on notice of tough new regulations ahead

Speaking at an industry event last week, ASIC commissioner, Alan Kirkland, said the regulator had “already begun thinking about implementation” of looming reforms set to bring crypto-asset platforms under the financial services licensing regime and provide greater oversight of payments providers.

Licensing of crypto platforms is “likely going to mean significant uplift in the operations of a number of industry participants”, Kirkland said.

“The proposal is that platform providers will need to comply with the general obligations for licensees – including operating efficiently, honestly and fairly – alongside other obligations within the Corporations Act,” he said.

“Some platform providers will face additional obligations, where they undertake what Treasury has called a ‘financialised function’. For example, if you provide the token trading function, this could mean aspects of the markets regime may apply.”

NZ has yet to introduce crypto-specific regulations but the government tabled a parliamentary report last month recommending a series of measures. In response the government says it will “proactively consider” the report findings.

However, the Australian moves may trigger a response on this side of the Tasman given the global regulatory initiative to rein-in the unruly digital asset sector.

Kirkland said the proposals in Australia were in line with the International Organization of Securities Commissions (IOSCO) crypto recommendations published last November that “place a strong emphasis on addressing governance and conflicts of interest, abusive behaviours, sales and distribution practices, and custody” at a global level.

“As a member of IOSCO and an active participant in its Fintech Task Force, ASIC supports IOSCO’s objective of same activity, same risk, same regulatory outcome,” he said.

To date, the FMA has relied on policing the crypto sector on a like-for-like functional basis, requiring local providers to be registered and comply with anti-money laundering, know-your-client rules, for example.

“If you want to trade/transact cryptocurrencies or cryptoassets, then use a New Zealand based trading platform as this offers a minimum level of protection,” the FMA notes.

“New Zealand based trading platforms must be registered on the financial service providers register (FSPR) and belong to a dispute resolution scheme.”

Other than a few bankruptcy cases and the recent Serious Fraud Office investigation into the collapsed Dasset exchange, the NZ crypto sector has faced few legal challenges.

ASIC, meanwhile, has racked up a couple of wins (and a loss) against crypto operators this year – notably a favourable finding in the Block Earner case that NZ legal firm, MinterEllisonRuddWatts, says resonates here.

“For New Zealand market participants, the decision serves as a timely reminder that the existing financial services regime might be applicable to digital asset-related products and services even if the digital assets themselves have not been treated as financial products,” the MinterEllisonRuddWatts note says. “It remains to be seen if the FMA will express interest in testing the regulatory boundaries in this area, especially considering ASIC’s recent success. Until such time the New Zealand government establishes a clear regulatory framework for digital assets and related services, New Zealand market participants should carefully consider whether their products/services are subject to existing regulatory regimes.”

ASIC has two more crypto cases on the boil, Kirkland said, as well as a potential appeal against a decision earlier this month in favour of Finder. An Australian court ruled a Finder crypto lending product did not fall under the definition of a debenture, as alleged by the regulator.

He said ASIC was also contemplating the potential impact of asset ‘tokenisation’ – including so-called stablecoins – on the broader financial sector.

The recent surge in bitcoin, sparked by the launch of spot exchange-traded fund (ETF) products in the US, and other crypto markets has likely rekindled regulatory concerns.

New Zealanders can access crypto markets through various channels including direct (on local- or offshore-based platforms), the new US ETFs or in a couple of portfolio investment entity (PIE) products offered by Vault Digital Funds and Kōura (in its KiwiSaver scheme).

Despite the recent price spike both crypto PIEs have seen limited demand.

Vault founder, Vinnie Gardiner, said interest was growing with the fund now at $12.5 million: the Kōura fund reported $2.7 million under management at the end of last year.

Possibly, the US ETF palaver is diverting attention from local avenues. It is understood, too, that one prominent crypto-trading platform is on the block.

Read More » Investment News

Recent articles

  • Profit, loss and capital injections: Kernel, Köura, Generate and Pie report for duty August 9, 2026
  • Asset allocation head change at NZ Super; new FMA chair, director named; third board member for Auckland council fund; Kerr bankrupted at home August 9, 2026
  • FMA invites managers to close related-party disclosure gaps… August 9, 2026
  • … as AI-advice theme set for regulatory review August 9, 2026
  • AMP NZ treads water as parent floats higher August 9, 2026
  • Decumulation nation: why NZ retirement schemes are not ready for retirement August 9, 2026
  • Sorted: Mosaic puts data in context with new service August 9, 2026
  • Return of the forgotten SMIDdle: Antipodes looks beyond the big August 9, 2026
  • Geopolitics and the low-trust world – resilience is the new efficiency August 9, 2026
Finished reading? Why not subscribe? To receive a weekly email enter your email address here.

Primary Sidebar

WEEKLY NEWSLETTER

Sign up here to receive our weekly newsletter.
Learn More »

Most Recent Investment News

Profit, loss and capital injections: Kernel, Köura, Generate and Pie report for duty

August 9, 2026

Asset allocation head change at NZ Super; new FMA chair, director named; third board member for Auckland council fund; Kerr bankrupted at home

August 9, 2026

FMA invites managers to close related-party disclosure gaps…

August 9, 2026

… as AI-advice theme set for regulatory review

August 9, 2026

AMP NZ treads water as parent floats higher

August 9, 2026

Search by Keyword

INVESTMENT NEWS

  • Profit, loss and capital injections: Kernel, Köura, Generate and Pie report for duty August 9, 2026
  • Asset allocation head change at NZ Super; new FMA chair, director named; third board member for Auckland council fund; Kerr bankrupted at home August 9, 2026
  • FMA invites managers to close related-party disclosure gaps… August 9, 2026
  • … as AI-advice theme set for regulatory review August 9, 2026
  • AMP NZ treads water as parent floats higher August 9, 2026
  • Decumulation nation: why NZ retirement schemes are not ready for retirement August 9, 2026
  • Sorted: Mosaic puts data in context with new service August 9, 2026

Quick-links to Popular News

  • FAP Compliance
  • Coronavirus
  • New Appointments
  • Financial Markets Authority (FMA)
  • Kiwisaver
  • Climate Change
  • Crypto Currency
  • Blockchain
  • Insurance

Sponsored Content

Show clients the future with OMNIMax’s Projection Tool

BNP Paribas: Gearing Up For 2026

Custom Solutions for Large Advice Teams: Faster, Smarter, Scalable

The transition to T+1 in Europe: implications for APAC global investors

Antipodes: investing in a world of opposites and opportunities

Visually Demonstrate the Value of Your Advice with OMNIMax’s New Projection Tool

More Sponsored Posts >>>

Secondary Sidebar

Recent News

  • Profit, loss and capital injections: Kernel, Köura, Generate and Pie report for duty August 9, 2026
  • Asset allocation head change at NZ Super; new FMA chair, director named; third board member for Auckland council fund; Kerr bankrupted at home August 9, 2026
  • FMA invites managers to close related-party disclosure gaps… August 9, 2026
  • … as AI-advice theme set for regulatory review August 9, 2026
  • AMP NZ treads water as parent floats higher August 9, 2026
  • Decumulation nation: why NZ retirement schemes are not ready for retirement August 9, 2026
  • Sorted: Mosaic puts data in context with new service August 9, 2026
  • Return of the forgotten SMIDdle: Antipodes looks beyond the big August 9, 2026
  • Geopolitics and the low-trust world – resilience is the new efficiency August 9, 2026
  • Fisher income, profit inch up to new high August 2, 2026

Footer

Copyright ©2025 InvestmentNews.co.nz — All Rights Reserved — Terms & Conditions