Regulations Specialty NZ.


This page contains disclosures that BMS must provide to you. It explains:
- About the FMA and BMS.
- The nature and scope of advice BMS can provide to you.
- What duties we owe you?
- How do we act with integrity and avoid conflicts of interest?
- How can you depend on the advice you receive from us?
- How does BMS get paid for the financial advice we provide to you?
- Our service issues and complaints handling and disputes resolution procedures.
Financial Advice Provider: BMS Risk Solutions Ltd (“BMS”) FSP Number: 1001556
Address: Level 1, 112 Cashel Street, Christchurch Central, Christchurch 8011
Telephone Number: +64 3 365 2522
Email Address: office@bmsrisk.com
Website: www.bmsgroup.com
This disclosure statement was prepared on the 1st of November 2021.
It is important that you take the time to read this disclosure statement as it includes information that
will help you make an informed decision whether BMS and our Financial Advisers’ (“Advisers”) advice and
recommended products are suitable for your needs and whether to seek, follow or accept the advice that
is provided. It also includes useful information about the regulatory framework that exists to protect you.
Who licences and regulates the financial industry?
The Financial Market Authority of New Zealand (FMA) is the regulatory body that governs the financial
industry. Further information on this legislation can be found at www.fma.govt.nz. The Financial Services
Legislation Amendment Act 2019 (FSLAA) requires us to hold a current licence to enable our Advisers
to provide financial advice to our clients. As a licenced Financial Advice Provider, we have standard
conditions on our licence, these conditions are not specific to us and do not limit or restrict the advice
that may be given. You can view our current licence on the Financial Service Providers register at
www.fsp-register.companiesoffice.govt.nz and search our Financial Service Provider (FSP) Number 1001556.
You can contact the FMA to report information about BMS or our Advisers via email questions@fma.govt.nz
or at www.fma.govt.nz/contact.
What financial advice can we provide to you?
BMS and our Advisers can provide advice about all types of fire and general insurance products (including
commercial and domestic insurances) and professional and specialist general insurance products. We
cannot provide financial advice on any investment products, or any investment linked insurance contracts.
Most of the insurance providers we recommend are insurance businesses in New Zealand that are licensed
by the Reserve Bank under section 19 of the Insurance (Prudential Supervisor) Act 2010. The insurers have a
financial strength rating from an approved rating agency. To view the insurer ratings, go to www.rbnz.govt.
nz/regulation-and-supervision/insurers/licensing/register.
We take all reasonable precautions to ensure that only insurance providers of adequate financial standing
are used, however we make no representation or guarantee as to the solvency or ability of any insurer to pay
any amounts for insurance claims or otherwise. We will advise you of the current financial strength rating
of all insurance providers involved in your insurance programme.
Due to some insurance market restrictions in New Zealand, we will sometimes need to use overseas
insurance providers.
What are our duties to you?
We are committed to providing you with the highest quality of service and BMS and our Advisers will
perform our services with reasonable care, integrity, and skill. Under the Financial Markets Conduct Act
2013 and the Code of Professional Conduct for Financial Advice Services we are bound to comply with
certain competency and conduct requirements. These duties require us, and any person giving you advice
on our behalf, to:
- meet certain standards of competence, knowledge, and skill,
- meet certain standards of ethical behaviour, conduct, and client care,
- exercise a prudent level of care, diligence, and skill in providing you with advice,
- give priority to your interests over those of our own and where there is a conflict take all reasonable steps
to ensure the advice we provide is not materially influenced,
- take all reasonable steps to ensure that you understand the nature and scope of the advice we give and
let you know if there are any limitations on the advice we provide,
- not offer or recommend a financial product that contravenes the Financial Market Conduct Act or related
regulations,
- protect your personal information.
How do we act with integrity and avoid conflicts of interest?
To ensure that we and our Advisers prioritise your interests above our own, we follow an advice process that
ensures recommendations are based on your individual circumstances and objectives. It is important to
note our Advisers are under no contractual obligation or incentive to promote any one insurance provider
or product over another. Our recommendations will consider not only the premium charged by the insurer,
but also importantly the policy coverage, their reputation for customer/claims service, their level of expertise
and knowledge of the types of insurance products you require and their financial strength rating.
Conflicts of interest can arise, however BMS actively manages this area by requiring our Advisers to, disclose
to us and our clients if a potential conflict exists and, complete ongoing training about how to manage
conflicts of interest.
BMS and its staff may receive indirect non-monetary benefits from insurers or other businesses including
sponsorship of BMS client functions, education programs, product training, meals and entertainment, corporate promotional merchandise, and other unquantifiable minor benefits. BMS staff may also have
personal connections with insurers and other third-party businesses that may be involved in the services
we provide to you.
How can you depend on the advice you receive from us?
BMS or any of our Advisers have not been subject to a reliability event. A reliability event is something that
might materially influence you in deciding whether to seek or obtain advice from us. Examples could
include bankruptcy or insolvency, a relevant criminal conviction, or a censure from the FMA.
How does BMS get paid for the financial advice we provide to you?
If you decide to accept the advice provided by our Adviser and arrange your insurances via us, we may
agree a consultancy fee with you for these services.
Alternatively, BMS may receive a commission (referred to as brokerage) from the insurance companies
for which the advice relates. The amount of brokerage is calculated as a percentage of the premium
charged by the insurer and is dependent on which insurance company and which insurance products you
choose. It is important to note that brokerage is not payable on the Government Levies including the Fire
& Emergency NZ Levy (FENZ), the Natural Hazards Insurance Levy (NHI) or any applicable taxes, like GST.
We may also choose to charge you an administration fee which covers general office expenses and
disbursements.
We may offer to arrange premium funding to help spread the payment of your insurance premiums over
the year. Such a facility attracts interest and administrative costs. If you elect to make payment of your
premium by instalments we act as an agent of the premium funder by facilitating your loan application,
we do not act as your credit provider or finance broker. If we facilitate premium funding on your behalf,
the funding company may also pay us a commission of 1%-5% based on the cost of the insurance being
funded. BMS may also act on the premium funder’s instructions to cancel any insurance where you have
failed to meet your repayment obligations.
We may be paid by insurers for the services we provide to them in addition to any fees or commissions.
Further information on the range of brokerage rates that may be payable to BMS and, the administration
fees that we may charge you, are included in our Terms of Business.
What should you do if something goes wrong?
We appreciate that sometimes concerns and issues arise that require attention. If you have a problem,
concern, or complaint about any part of the service we have provided or a product we have arranged on
your behalf, please let us know as soon as possible so we can address the matter with you.
In the first instance, please contact your Adviser directly. If they cannot resolve the matter, they will refer
your complaint to their manager for review and if a suitable resolution is not provided, you can escalate
the matter to our complaints officer via email at complaints@bmsrisk.com who will formally acknowledge
your complaint at the earliest convenience. Please be assured we will approach each compliant with an
open mind, listen and treat each complainant as an individual and with courtesy and respect. We will
endeavour to resolve your complaint fairly and in a timely manner with staff escalating as necessary to
senior management or our complaints officer. We will provide a written response outlining the decision,
remedies, and resolution of your compliant as soon as possible.
Privacy Statement
Introduction
At BMS Risk Solutions Ltd (“BMS”) we value the trust you have in us and that’s why how we collect, use,
disclose and protect your personal information is of utmost importance to us. We are committed to
protecting the privacy of individuals’ personal information and will therefore ensure the principals of this
Privacy Statement are adhered to.
This Privacy Statement applies to personal information collected by us. Its purpose is to inform you,
our client and any users of our website about how we collect, use, disclose, protect, and otherwise
manage your personal information and how we comply with the requirements of the New Zealand
Privacy Act 2020 Privacy Act), the Information Privacy Principals (IPPs) and any other relevant privacy
or data protection laws. It also explains your rights to access and correct your personal information
and how to make a complaint for a breach of the IPPs. Please note that when you contact us via our
website, you are agreeing to this Privacy Statement.
Personal information is defined in the Privacy Act as information about an identifiable individual (a natural
person as opposed to a company or other legal entity) which identifies, or is capable of identifying, that
individual. Examples include name, address, phone number, email address, employment history, or
criminal conviction history.
BMS will only collect personal information about an individual where the information is reasonably
necessary for, or directly relates to, one or more of our functions or activities which include but are not
limited to:
• assessing and managing your insurance application and policy,
• communicating with you about our products and services,
• managing and processing payments, and
• administering claims.
By asking us to assist with your insurance requirements, you consent to the use, disclosure, and managing
of your personal information for the purposes described above and in accordance with this Privacy
Statement.
What personal information do we collect and how do we use it?
When we arrange insurance on your behalf, we collect personal information specific to, and required for, us
to advise you about your insurance requirements. The types of personal information we collect and hold,
and the purpose for which that information is collected, held, used, and disclosed, will vary depending on
the nature of your dealings with us, however in all instances, we can only collect personal information that
is necessary for the intended purpose. Examples of the kinds of personal information BMS may collect and
hold include:
•your contact information such as your name, postal address, physical address, email address, and
phone numbers
• details relating to your employment or previous employment.
• your date of birth.
• information about your assets, income, or liabilities to be insured.
• physical and personal risk, insurance policy, and other related information.
•relevant payment information such as bank account, direct debit and credit card details and premium
funding information.
We will only use or disclose your personal information for the primary purpose for which it was collected
or as consented to by you. This will usually include our insurance broking services including premium
funding services, claims management services and risk management or other similar consulting services.
For example, we will collect, hold, use and disclose personal information which is required to:
• assist us in providing you advice on the products and services you require. We may also use your personal
information to keep you informed of developments or opportunities in areas or activities you have
previously been interested in or we believe you may be interested in.
• enable us to negotiate with insurers the products you require (and following your instructions
subsequently arrange such products on your behalf). Insurers require this information to enable them to
decide if they will insure you, and if so, on what terms and conditions. Insurers may pass this information
on to their reinsurers and some of these companies may be located outside New Zealand.
• facilitate payment of your insurances. Whether payment is via direct payment or premium funding,
bank account and other associated information will be required.
•handle claims on your behalf. We collect information about your claim from you or others and provide
this information to your insurer or anyone your insurer has appointed to assist them in considering your
claim eg: a loss adjuster or assessor. Again, this information may be passed on to your insurers' overseas
based reinsurers.
We will not collect, hold, use, and disclose any personal information that is unrelated to the services we
provide.
What happens if you don’t provide us with your personal information?
We can only fully advise you about your insurance requirements if we have all relevant information. The
insurance laws also require you to provide your insurers with all the information they require to enable
them to decide whether to insure you, and if so, on what terms and conditions. If the information sought
by us is not provided, it may affect our ability to provide you with, and administer, the products and/
or services you require. Please ask us if you are unsure why the information is important and how not
providing it might affect you.
You are responsible for supplying us with all relevant information in a timely manner including all
information and facts which may be material to an insurer’s assessment of a risk you have asked us to
arrange insurance cover or a claim. If you fail to disclose or misrepresent any relevant information, this
could invalidate your policy meaning that any claim made by you under the policy could be refused by
the insurer.
Will we disclose your personal information we collect to anyone?
It may be necessary for us to provide your personal information to relevant third-party businesses who
supply services to us for specialised functions, for example our agents or contractors, insurers, reinsurers,
premium funders, credit agencies, loss adjusters or assessors, lawyers and accountants, risk managers,
external auditors, compliance advisers, regulators such as the Financial Market Authority (the FMA is the
regulatory body that governs New Zealand’s financial industry), technology service providers, etc. We may
also need to supply your personal information to other companies in the event of a corporate sale, merger,
reorganisation, dissolution, or similar circumstance.
Your personal information may be disclosed to, and collected by, the insurers listed in the link below
for the purposes set out in each insurer's privacy statement, including to assess your application
for insurance (if applicable). Each insurer's website includes its address and privacy statement,
which explain how you can access and request correction of your personal inforamation. This list is not
exhaustive, if you require details for an insurer not listed, please contact us using the contact details on
the following page.
Insurer and Underwriter Agency List & Privacy Statements
If your personal information is provided to a third party to enable them to perform their agreed activities,
they are required to abide by the Privacy Act and only use the personal information for the sole purpose of
supplying their specific services. We will do our best to ensure that they protect your personal information
in the same way we do.
We may also disclose your personal information to third parties if we are required or authorised to do so
by any laws in New Zealand or overseas that apply to us, to you, or the services we provide, for example
the Police or Inland Revenue Department or when we are permitted or required to disclose the personal
information under the Privacy Act.
Some of these third parties may be located outside New Zealand and may not be subject to data protection
laws comparable to those in New Zealand. You agree to such disclosure, and you also agree to obtain any
prior consents necessary under the Privacy Act, from those individuals whose confidential information you
disclose to us.
Security and protection of your personal information
We will take all reasonable steps to ensure that any personal information we hold is secure and protected
from misuse, interference, and loss, and to protect it from unauthorised access, modification, and disclosure.
We will only keep personal information for as long as is reasonably necessary for the intended purpose for
which it was collected subject to any legal or ethical obligation or document retention requirements. All
documentation no longer required will be either destroyed or permanently de-identified in accordance
with the Privacy Act.
If we utilise third party or cloud-based service providers for storage or processing of your personal
information we will ensure they are subject to appropriate security and information handling
arrangements and that the information stored or processed by them remains subject to
confidentiality obligations. However, we cannot guarantee the security of all transmissions of personal
information, especially where the internet is involved.
Your right to access, correct and delete personal information
The Privacy Act gives you the right at any time to access, correct and, in some circumstances, delete your
personal information that we hold. Upon receipt of your written request and enough information to allow
us to identify you, we will disclose to you the personal information we hold. We will also correct or delete
any personal information that we agree is inaccurate. We are only able to delete your personal information
to the extent that it is not required to be held by us to satisfy any legal, regulatory, or similar requirement.
If you require access to your personal information, please contact us via:
BMS PRIVACY STATEMENT MAY 2026
If your personal information is provided to a third party to enable them to perform their agreed activities,
they are required to abide by the Privacy Act and only use the personal information for the sole purpose of
supplying their specific services. We will do our best to ensure that they protect your personal information
in the same way we do.
Telephone: +64 3 365 2522
Mail: BMS Risk Solutions Ltd, PO Box 1253, Christchurch 8140
Email: office@bmsrisk.com
There are certain circumstances when BMS are not required to provide an individual access to their personal
information. These circumstances include where providing access, would have an unreasonable impact on
the privacy of others, would reveal commercially sensitive information about us, or where providing access
would be unlawful. If we refuse your request to access, correct, or delete your personal information:
• we will let you know our reasons, except if the law prevents us from doing so.
• you have the right to request that a statement be associated with your personal
information noting that you disagree with its accuracy.
• we will provide you with information on how you can complain about our refusal.
There is no fee for requesting that your personal information is corrected or deleted or for us to make
corrections or deletions, however in processing your request for access to your personal information, a
reasonable cost may be charged. This charge covers such things as locating the information and supplying
it to you.
We strive to maintain the reliability, accuracy, completeness, and currency of the personal information
we hold. We would therefore ask that you keep us up-to-date with changes to your personal information
(such as your name or contact details) and when you receive policy schedules, renewal notices or other
documentation from us, you contact us immediately if you believe the information is incorrect.
If you have a query or concern
If you require further information about how BMS is managing the privacy of your personal information, if
you are concerned about how your personal information is being handled or, if you have a complaint, we
ask that you contact us via:
Telephone: +64 3 365 2522
Mail: BMS Risk Solutions Ltd, PO Box 1253, Christchurch 8140
Email: office@bmsrisk.com
Please be assured BMS takes complaints very seriously and after receiving written notice of your complaint
we will respond to you as soon as possible. We aim to resolve complaints within 5 business days, but it is
possible that some matters will take longer to review and address. If your complaint is taking longer than
5 business days, we will let you know what is happening and what date you can expect a reply. We will
endeavour to resolve your complaint fairly and in a timely manner.
If you are not satisfied with our response to any privacy related concern, you may lodge a complaint with
the Privacy Commissioner online at www.privacy.org.nz or via:
Telephone: 0800 803 909
Mail: Office of the Privacy Commissioner, PO Box 10 094, Wellington 6143
Email: enquiries@privacy.org.nz
What if there is a privacy breach?
Whilst we take every effort to keep your personal information safe unfortunately there is still a possibility that
our security could be breached resulting in unauthorised access or disclosure of your personal information.
After becoming aware of a privacy breach that is likely to cause you serious harm we will:
• identify and secure the breach to prevent any further breaches from occurring.
• assess the nature and severity of the breach, including what personal information is involved.
• advise the appropriate authorities if criminal activity is suspected.
• notify any individuals who are affected by the breach.
• where required, notify the Privacy Commissioner.
Cookies
A cookie is a piece of information contained in a very small text file that your computer downloads when
you visit a website. Cookies are stored by your browser when you visit a website and enable that website
to identify a user’s device whenever they return to the site. Cookies are commonly used to make a website
work more efficiently, however they also enable the owner of the website to provide services to the end
user.
BMS collects information during your visit to our website through the use of cookies. We use these
cookies for a variety of reasons, primarily to help us provide you with a positive experience when you
browse our website, help us improve the content included on our site, and to personalise your visit
to our website by recording details of the pages relating to particular products and services you
have visited. We use cookies to collect broad geographic information on our website visitors. We
do not link IP addresses to personally identifable information, which means that none of the
information collected can be traced to an individual – we do not know who you are as a unique user,
merely that there are a certain number of people using our site. We only collect data that relates to
what goes on in the BMS site and the information cannot be used for marketing on an individual
basis.
The web-browsers of most computers are initially set up to accept cookies however through your browser
settings you can decide not to accept cookies. Please be aware that if you decide to reject cookies your
ability to use some of the content and functions on our website might be affected.
We do not as a general rule pass on the information obtained via the use of cookies to third parties,
however, we do use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets
a cookie in order to evaluate your use of our website. Google stores the information collected by the cookie
on servers in the United States. Google may also transfer this information to third parties when required
to do so by law, or where such third parties process the information on Google’s behalf. Google will not
associate your IP address with any other data held by them. BMS uses Google Analytics to optimise our
website and improve the service we provide to our visitors.
By using our website, you agree to the use of cookies and similar technologies.
Use of Artificial Intelligence (AI)
While providing our services to you, we may use AI tools and technology to assist in research, document
review, document drafting and other tasks. This technology enables us to provide more efficient and costeffective
services. We recognise the inherent limitations of AI tools. While AI can enhance our work, it is not
a substitute for our independent expertise and judgment, and we remain responsible for our services. We
will exercise professional independent judgment in using AI-generated content and ensure its accuracy
and appropriateness in each specific scenario.
Amendment of our Privacy Statement
We review this Privacy Statement periodically to ensure it remains current and relevant. A copy of the latest
version can be obtained by contacting us.