Nov. 20.] THE NEW ZEALAND GAZETTE. 3661

(3) Subject to any order of the Court the Registrar of Companies may by a further direction vary or rescind any direction given by him under this rule.

(4) A resolution for the destruction of the books and papers of such a company within the said period of five years or any shorter period fixed by a direction of the Registrar of Companies in force at the date of such resolution shall not take effect until the expiration of such period of five years or of such shorter period unless the Registrar of Companies shall otherwise direct.

(5) At least one week’s notice shall be given to the Registrar of Companies of any application to the Court for an order for the destruction of the books and papers of a company before the expiration of such period of five years or shorter period.

OFFICIAL ASSIGNEES.

171. Where a company against which a winding-up order has been made has no available assets, the Official Assignee shall not be required to incur any expense in relation to the winding-up without the express directions of the Minister of Justice.

172. (1) Where a liquidator is appointed by the Court in a winding-up by the Court, the Official Assignee shall account to the liquidator.

(2) If the liquidator is dissatisfied with the account or any part thereof, he may report the matter to the Audit Office, which shall take such action (if any) thereon as it may deem expedient.

(3) The provisions of these rules as to liquidators and their accounts shall not apply to the Official Assignee when he is liquidator, but he shall account in such manner as the Audit Office may from time to time direct.

173. Where there is no committee of inspection in a winding-up by the Court any functions of the committee of inspection which devolve on the Court may, subject to the directions of the Court, be exercised by the Official Assignee.

174. An appeal to the Court from an act or decision of the Official Assignee acting otherwise than as liquidator of a company, shall be brought within twenty-one days from the time when the decision or act appealed against is done, pronounced, or made.

175. (1) An application by the Minister of Justice to the Court to examine on oath the liquidator or any other person pursuant to section 197 of the Act, and an application by the Registrar of Companies to confer on the Registrar of Companies or any person designated by him for the purpose with respect to the company concerned the powers of investigating the affairs of the company mentioned in subsection (3) of section 270 of the Act, shall be made ex parte, and shall be supported by a report to the Court filed in the registry, stating the circumstances in which the application is made.

(2) The report may be signed by any person duly authorized to sign documents on behalf of the Minister of Justice or the Registrar of Companies as the case may be; and shall for the purposes of such application be prima facie evidence of the statements therein contained.

BOOKS TO BE KEPT, AND RETURNS MADE, BY OFFICERS OF COURT.

176. (1) In each registry of the Court the Registrar shall keep books according to the form No. 87 in the First Schedule hereto, and the particulars given under the different heads in such books shall be entered forthwith after each proceeding has been concluded.

(2) Forthwith after any entry is made in any such book the Registrar shall transmit a copy of the entry to the Registrar of Companies, who shall record the entry in a similar book to be kept by him in the same form, and also in the records relating to the company concerned.

GAZETTING IN A WINDING-UP BY THE COURT.

177. (1) All notices subsequent to the making by the Court of a winding-up order in pursuance of the Act or the rules requiring publication in the Gazette shall be gazetted by the Official Assignee.

(2) Where any winding-up order is amended, and also in any case in which any matter which has been gazetted has been amended or altered, or in which a matter has been wrongly or inaccurately gazetted, the Official Assignee shall regazette such order or matter with the necessary amendments and alterations in the prescribed form, at the expense of the company’s assets, or otherwise as the Minister of Justice may direct.