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New Zealand Introduces Mandatory Climate Disclosure Law

By Mark Uhrynuk & Alexander W. Burdulia on April 15, 2021
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On April 13, 2021, the Government of New Zealand announced the introduction of legislation that would make climate-related disclosures aligned with the Recommendations of the Task-Force on Climate-related Financial Disclosures (TCFD) mandatory for certain financial services organizations, as well as all equity and debt issuers listed on the NZX. This mandatory reporting regime is both robust and broad – the first of its kind – and other countries around the world may soon follow suit.

The Government views the proposed law as a significant step toward realizing New Zealand’s ambitious climate agenda. According to Climate Change Minister James Shaw, “We simply cannot get to net-zero carbon emissions by 2050 unless the financial sector knows what impact their investments are having on the climate. This law will bring climate risks and resilience into the heart of financial and business decision making.”

We summarize key aspects of the proposed law in this Blog Post.

Covered Entities

The law would require approximately 200 entities in New Zealand to disclose climate-related information, including:

  • All registered banks, credit unions, and building societies with total assets of more than NZ$1 billion;
  • All managers of registered investment schemes with greater than NZ$1 billion in total assets under management;
  • All licensed insurers with greater than NZ$1 billion in total assets under management or annual premium income greater than NZ$250 million; and
  • All equity and debt issuers listed on the NZX.

Reporting Requirements

New Zealand’s External Reporting Board (XRB) will issue disclosure standards in line with the TCFD Recommendations. The TCFD Recommendations require climate-related disclosures in four principal areas:

  • governance;
  • strategy;
  • risk management; and
  • metrics and targets.

The XRB will consult on specific reporting standards, while New Zealand’s Financial Markets Authority will be responsible for independent monitoring, reporting and enforcement of the new regime.

Implementation Timeline

The proposed law will be introduced through an amendment to the Financial Markets Conduct Act (2013). If approved by Parliament, financial entities could be required to make climate-related disclosures with respect to the 2022 financial year in 2023, at the earliest. The proposed law will receive its first reading in Parliament this week.

Photo of Mark Uhrynuk Mark Uhrynuk

Mark Uhrynuk is a partner of Mayer Brown resident in the Hong Kong office. Mark represents assets managers, family offices and other investor groups, corporations, and financial institutions in a variety of transactional matters. His wide-ranging experience includes private equity and venture capital…

Mark Uhrynuk is a partner of Mayer Brown resident in the Hong Kong office. Mark represents assets managers, family offices and other investor groups, corporations, and financial institutions in a variety of transactional matters. His wide-ranging experience includes private equity and venture capital investment and related financings; cross-border mergers, acquisitions, divestitures, joint ventures and strategic alliances; investment fund matters, including the formation of private equity, infrastructure and real estate funds; and international equity and debt capital markets transactions.

Mark is a key contact point for the ESG Initiative within the Mayer Brown network and is a founding member of the Firm’s ESG Steering Committee.  Mark also co-leads the Firm’s Family Office Initiative in the region.  An active thought leader in these fields, Mark has been widely quoted by the leading media and has authored a number of articles and legal updates on these and related topics.

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Photo of Alexander W. Burdulia Alexander W. Burdulia

Alexander W. Burdulia is a Registered Foreign Lawyer in the Corporate & Securities practice in Mayer Brown’s Hong Kong office. He advises asset managers and other investors, corporations and financial institutions in a variety of corporate and commercial matters including private equity and…

Alexander W. Burdulia is a Registered Foreign Lawyer in the Corporate & Securities practice in Mayer Brown’s Hong Kong office. He advises asset managers and other investors, corporations and financial institutions in a variety of corporate and commercial matters including private equity and venture capital investments and financings, investment fund matters and cross-border mergers, acquisitions and joint ventures.

Alex is a key contact point for the ESG Initiative within the Mayer Brown network and a founding member of the Firm’s ESG Steering Committee. He has advised impact investors in investment transactions and is experienced in ESG reporting, policies and governance structures. He was responsible for sustainable finance regulatory and advocacy matters while serving as the Head of APAC Public Policy on secondment at a leading international bank and is both a GRI Certified Sustainability Professional and SASB FSA Credential Holder. Alex is a frequent author on ESG-related topics and co-editor of Mayer Brown’s global ESG blog, www.eyeonesg.com.

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  • Posted in:
    Environmental and Climate
  • Blog:
    Eye on ESG
  • Organization:
    Mayer Brown
  • Article: View Original Source

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