β¨ Commerce Act Notices and Vehicle Exemption
20 NOVEMBER THE NEW ZEALAND GAZETTE 3647
In the matter of the Commerce Act 1975, and in the matter
of a Proposed Takeover by Fletcher Holdings Limited
of Carter Holt Holdings Limited
WHEREAS, pursuant to section 81H of the Commerce Act 1975,
the Commission made a certain order on the 22nd day of
August 1980, which order was published on page 2570 of the
New Zealand Gazette, No. 103, dated 28 August 1980.
And whereas the said order provides that it shall be
renewed on expiry without application of any party from
time to time until the Commission otherwise orders.
And whereas the Commission last renewed the said order
on the 20th day of October 1980 and published notice of such
renewal in the New Zealand Gazette, No. 124, dated 23
September 1980.
And whereas it appears to the Commission that the
reasons which led it to make the said order are still valid.
Now, therefore, pursuant to section 81H (2), the Com-
mission hereby again renews the said order.
For comprehensiveness of this notice the order hereby
renewed is stated hereunder:
(a) The 331 661 shares referred to in the First Schedule
filed with the Commission to be registered in the
name of the Public Trustee of New Zealand as trustee
for Customhouse Holdings Limited.
(b) The 138 709 shares referred to in the Second Schedule
filed with the Commission to be registered in the
name of the Public Trustee of New Zealand as
trustee for United New Zealand Nominees Limited.
(c) That the directors of Carter Holt Holdings Limited
register in the name of the Public Trustee all such
transfers as are so submitted to it in registrable
form.
(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 payments 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
full and proper discharge to Carter Holt Holdings
Limited of 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 appli-
cation of any party from time to time until the
Commission otherwise orders.
(h) This order is made entirely without prejudice to the
rights or obligations of any persons.
Dated at Wellington this 17th day of November 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
81u 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 said orders have been amended to provide
that they shall 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.
Now, therefore, the Commission, pursuant to section 81H
(2), hereby again renews the said orders.
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 in-
directly) 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 acquir-
ing a beneficial interest in shares of such company;
(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
constitutes or would constitute an offence under
section 81F of the Act, or an offence of attempting
to commit 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 Cor-
poration Limited, Customhouse Holdings Limited),
acting jointly or in concert therewith be restrained
from exercising in any manner howsoever the con-
trol 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 other-
wise exercising any right or control over 25 percent
or more of such shares.
(g) That these orders be renewed on expiry without
application by any party from time to time until
the Commission otherwise orders.
Dated at Wellington this 17th day of November 1980.
The Seal of the Commerce Commission was attached hereto
in the presence of:
K. B. O'BRIEN, Chairman.
Exemption of Certain Motor Vehicles from the Height
Restriction for Front Direction Indicators
PURSUANT to subclause (1) of regulation 90 of the Traffic
Regulations 1976*, the Secretary for Transport hereby exempts
motor vehicles of the type specified in the Schedule hereto
from the requirements of subclause 2 (a) of regulation 63
of the said regulations, in respect of the maximum height
of 1.5 metres that a front direction indicator may be mounted
above the ground.
SCHEDULE
Any T series INTERNATIONAL truck.
Dated at Wellington this 13th day of November 1980.
R. N. ABRAM,
pursuant to delegation from Secretary for Transport.
*S.R. 1976/227
Amendment No. 1: S.R. 1978/72
Amendment No. 2: S.R. 1978/301
Amendment No. 3: S.R. 1979/128
Amendment No. 4: S.R. 1980/31
Amendment No. 5: S.R. 1980/151
(M.O.T. 14/1/15)
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VUW Te Waharoa —
NZ Gazette 1980, No 136
NZLII —
NZ Gazette 1980, No 136
β¨ LLM interpretation of page content
π Renewal of Order under Commerce Act 1975 for Fletcher Holdings Takeover
π Trade, Customs & Industry17 November 1980
Commerce Act, Takeover, Fletcher Holdings, Carter Holt Holdings, Shares, Public Trustee
- K. B. O'Brien, Chairman of Commerce Commission
- K. B. O'Brien, Chairman
π Renewal of Orders Restraining Fletcher Holdings in Takeover of Carter Holt Holdings
π Trade, Customs & Industry17 November 1980
Commerce Act, Takeover, Fletcher Holdings, Carter Holt Holdings, Restraints, Shares
- K. B. O'Brien, Chairman of Commerce Commission
- Lynn Robert Young, Applicant
- K. B. O'Brien, Chairman
π Exemption of Certain Motor Vehicles from Height Restriction for Front Direction Indicators
π Transport & Communications13 November 1980
Traffic Regulations, Motor Vehicles, Height Restriction, Front Direction Indicators, T Series INTERNATIONAL Truck
- R. N. Abram, Acting Secretary for Transport
- R. N. Abram, pursuant to delegation from Secretary for Transport