β¨ Commerce and Arts Council Designations
25 SEPTEMBER THE NEW ZEALAND GAZETTE 2853
(d) Any bonus shares issued by Carter Holt Holdings
Limited in respect of these shares shall be allotted
to and held by the Public Trustee as trustee as
aforesaid.
(e) Any dividends or similar payment payable in respect
of the shares shall be paid by Carter Holt Holdings
Limited to the Public Trustee and forthwith paid
by him to Customhouse Holdings Limited or United
New Zealand Nominees Limited as the case may be.
Payment as aforesaid to the Public Trustee shall be
a full and proper discharge to Carter Holt Holdings
Limited or all its obligations.
(f) Apart from receiving and forwarding any dividends or
similar payments and receiving and holding share
certificates, the Public Trustee will not exercise any
rights in respect of such shares and shall hold the
shares subject to such further orders as may be made
by the Commission under section 81H.
(g) This order shall be renewed on expiry without applica-
tion of any party from time to time until the Com-
mission otherwise orders.
(h) This order is made entirely without prejudice to the
rights or obligations of any persons.
Dated at Wellington this 22nd day of September 1980.
The Seal of the Commerce Commission was attached hereto
in the presence of:
K. B. O'BRIEN, Chairman.
In the Matter of the Commerce Act 1975 ("the Act"), Section
81H, and in the Matter of a Proposed Takeover by Fletcher
Holdings Limited (Fletcher) of Carter Holt Holdings Limited
(Carter Holt)
Whereas Carter Holt Holdings Limited, the Oji Paper Com-
pany Limited, Odlins Limited, N.Z. Forest Products Limited,
and Lynn Robert Young (hereinafter together called the
applicants), under date the 12th day of May 1980, made
application to the Commerce Commission pursuant to section
81H of the Act, for renewal with certain amendments of
certain orders made by the Commission on the 24th day of
April 1980, which orders were published in Supplementary
Gazette, No. 48, dated 28 April 1980.
And whereas the applicants and Fletcher having appeared
before it and been heard on the said application, the Com-
mission made certain orders on the 23rd day of May 1980,
which orders were published in Supplementary Gazette, No.
59, dated 26 May 1980.
And whereas the Commission, upon applications by the
applicants, has renewed the said orders on a number of
occasions since.
And whereas the applicants, under date the 15th day of
September 1980, have made application to the Commission
for further renewal of the said orders but amended by the
addition of a subclause reading "That these orders be renewed
on expiry without application by any party from time to
time until the Commission otherwise orders."
And whereas it appears to the Commission that the reasons
which led it to make the said orders are still valid, and that
it is reasonable that the amendment now sought be agreed
to on a "without prejudice" basis.
Now THEREFORE, the Commission, pursuant to section 81H
(2), hereby again renews the said orders made by it on the
23rd day of May 1980 and adds the said amendment as
clause (g).
For comprehensiveness of this notice the subject orders are
stated hereunder:
(a) That Fletcher, its servants or agents, be restrained
from serving or causing to be served on Carter
Holt any further notice of a takeover offer for the
acquisition of shares in Carter Holt, and furthermore
that such persons (whether acting jointly or in
concert) be restrained from issuing or dispatching
(whether orally or in writing and whether directly
or indirectly) to any shareholders in Carter Holt
any offer to acquire shares in such company;
(b) That Fletcher, its servants or agents, be restrained from
entering into completing or perfecting any agreement
(conditional or otherwise) to purchase any shares
in the capital of Carter Holt or from otherwise
acquiring a beneficial interest in shares of such com-
pany;
(c) That Fletcher, New Zealand United Corporation Limited,
and Customhouse Holdings Limited, their servants
or agents or nominees be restrained from submitting
to Carter Holt for registration any transfers of shares
to Fletcher, New Zealand United Corporation Limited,
Customhouse Holdings Limited, or their servants,
agents, or nominees or to any person acting jointly
or in concert therewith;
(d) That any shareholder in Carter Holt (including New
Zealand United Corporation Limited and Custom-
house Holdings Limited) who has agreed to sell
their shares to Fletcher, its agents, servants, or
nominees, or any person acting jointly or in concert
therewith be restrained from executing or otherwise
procuring the execution of any transfer of shares in
Carter Holt;
(e) That Fletcher be restrained from engaging in any course
of conduct, or doing any act or thing that con-
stitutes or would constitute an offence under section
81F of the Act, or an offence of attempting to com-
mit or aid or abet counsel or procure any person
to commit an offence under section 81F of the Act;
(f) That Fletcher, its servants or agents or nominees or
any parties (including New Zealand United Corpora-
tion Limited, Customhouse Holdings Limited), acting
jointly or in concert therewith be restrained from
exercising in any manner howsoever the control of
25 percent or more of the voting power attaching
to the shares of Carter Holt in respect of which
Fletcher has a beneficial interest, or otherwise
exercising any right or control over 25 percent or
more of such shares.
(g) That these orders be renewed on expiry without appli-
cation by any party from time to time until the
Commission otherwise orders.
Dated at Wellington this 22nd day of September 1980.
The Seal of the Commerce Commission was attached
hereto in the presence of:
K. B. O'BRIEN, Chairman.
Designation of Waihi and Paeroa Community Arts Council
Pursuant to section 32 (i) of the Queen Elizabeth II Arts
Council of New Zealand Act 1974, on the recommendation
of the Northern Regional Arts Council and on the applica-
tion of the Waihi and Paeroa Community Arts Council, the
Queen Elizabeth II Arts Council of New Zealand hereby
designates the Waihi and Paeroa Community Arts Council
to be the Community Arts Council for the following duly
defined area:
Ohinemuri County plus that section of Highway 25 north
of the county boundary to the junction of Opoutere Road
and following that road to the coast.
Dated at Wellington this 19th day of June 1980.
The Seal of the Queen Elizabeth II Arts Council of New
Zealand affixed in the presence of:
HAMISH KEITH, Chairman.
D. R. K. GASCOIGNE, Deputy Chairman.
Witness: MICHAEL VOLKERLING, Director.
(I.A. Cul. 11/6/8)
Designation of City West Community Arts Council
Pursuant to section 32 (i) of the Queen Elizabeth II Arts
Council of New Zealand Act 1974, on the recommendation
of the Northern Regional Arts Council and on the application
of the City West Community Arts Council, the Queen
Elizabeth II Arts Council of New Zealand hereby designates
the City West Community Arts Council to be the Com-
munity Arts Council for the following duly defined area:
The motorway from the Auckland side of the harbour
bridge in the east, following the Great North Road to
Surrey Crescent in the south, Richmond Road to Cox's
Creek in the west and the Auckland Harbour Board in
the north.
Dated at Wellington this 14th day of August 1980.
The Seal of the Queen Elizabeth II Arts Council of New
Zealand affixed in the presence of:
HAMISH KEITH, Chairman.
D. R. K. GASCOIGNE, Deputy Chairman.
Witness: MICHAEL VOLKERLING, Director.
(I.A. Cul. 10/6/8)
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VUW Te Waharoa —
NZ Gazette 1980, No 112
NZLII —
NZ Gazette 1980, No 112
β¨ LLM interpretation of page content
π
Renewal of Order under the Commerce Act 1975
(continued from previous page)
π Trade, Customs & Industry22 September 1980
Commerce Act 1975, Fletcher Holdings Limited, Carter Holt Holdings Limited, Orders, Renewal
- K. B. O'Brien, Chairman of the Commerce Commission
- K. B. O'Brien, Chairman
π Designation of Waihi and Paeroa Community Arts Council
π Education, Culture & Science19 June 1980
Queen Elizabeth II Arts Council, Waihi and Paeroa Community Arts Council, Designation
- Hamish Keith, Chairman of the Queen Elizabeth II Arts Council
- D. R. K. Gascoigne, Deputy Chairman of the Queen Elizabeth II Arts Council
- Michael Volkerling, Director of the Queen Elizabeth II Arts Council
- HAMISH KEITH, Chairman
- D. R. K. GASCOIGNE, Deputy Chairman
- MICHAEL VOLKERLING, Director
π Designation of City West Community Arts Council
π Education, Culture & Science14 August 1980
Queen Elizabeth II Arts Council, City West Community Arts Council, Designation
- Hamish Keith, Chairman of the Queen Elizabeth II Arts Council
- D. R. K. Gascoigne, Deputy Chairman of the Queen Elizabeth II Arts Council
- Michael Volkerling, Director of the Queen Elizabeth II Arts Council
- HAMISH KEITH, Chairman
- D. R. K. GASCOIGNE, Deputy Chairman
- MICHAEL VOLKERLING, Director