Major banking institution Westpac New Zealand has publicly admitted to significantly misleading its customers, having overcharged 24,621 clients by NZ$6.35 million due to systematic failures within its operational procedures. This acknowledgment follows civil proceedings initiated by the Financial Markets Authority (FMA) – Te Mana Tātai Hokohoko, focusing on violations under the Financial Markets Conduct Act 2013.
According to details shared during court proceedings at the Auckland High Court, Westpac's breaches included failing to provide entitled discounts through its Employee, Gold, and Platinum (EGP) packages. Not only did personal banking clients miss out on these benefits, but business banking customers faced erroneous charges as well, particularly small businesses holding Business Transact Accounts (BTA).
The bank’s EGP packages were intended to offer attractive preferential rates and discounts across various banking services. Yet, Westpac officials admitted they relied too heavily on staff to manually record customer eligibility. Without proper checks when customers acquired new services, the bank inadvertently overcharged around 31% of eligible individuals.
Further complicate matters, about 43% of consumer customers and 32% of business clients experienced similar issues, where misleading account statements falsely suggested applicable discounts had been credited. Frail internal systems meant clients received inflated charges, especially notable among the BTA holders, who incurred unexpected fees due to coding errors and manual processing flaws.
Margot Gatland, FMA’s Head of Enforcement, encapsulated the situation succinctly, stating, “Westpac used preferential pricing to attract and retain customers, without having systems to deliver on those promises.” Gatland also acknowledged Westpac’s cooperation and efforts to remediate the problems, though the situation has triggered regulatory scrutiny. “Westpac's issues stemmed from deficiencies in its systems, which meant the bank failed to deliver contractually agreed discounts,” she pointed out.
Westpac has since taken steps to rectify the situation by compensatory payouts to affected clients, confirming their agreement to repay customers who missed out on benefits as part of their banking packages. The bank issued statements underscoring their transparency and willingness to embrace corrective measures, declaring, “The matter relates to historical issues where we did not deliver benefits fully to some customers.”
The FMA has made it clear the enforcement action reflects broader systemic failures within New Zealand's financial sector. The regulatory body has targeted not only Westpac but also other key financial competitors, such as ANZ and Kiwibank, as part of its crackdown on banking practices.
This frail situation is indicative of the banking sector's increasing vulnerability to compliance shortcomings as Westpac has faced several regulatory penalties in recent years. Notably, the Australian Transaction Reports and Analysis Centre (AUSTRAC) imposed a staggering NZ$1.3 billion penalty on the bank for breaches related to anti-money laundering and counter-terrorism laws. Most recently, penalties from the Australian Federal Court for unconscionable conduct during financial dealings echo the need for strengthened compliance frameworks.
With the High Court set to determine the specific penalties for Westpac’s breaches next year, the situation raises pressing questions about the bank’s operational integrity and accountability. It also emphasizes the importance of accurate financial practices and customer trust within the industry.
Across New Zealand, banking customers are increasingly seeking reassurance, particularly as financial institutions grapple with compliance failures amid growing scrutiny from regulatory bodies. With customer trust at stake, definitive actions and full accountability from Westpac could play a pivotal role as the bank rebuilds its damaged reputation.
