NEW ZEALAND GAZETTE

No. 27

Authorities and Other Agencies of State

Overseas Investment Commission

Overseas Investment Regulations 1985

The Overseas Investment Exemption Notices 1994 No. 1

Pursuant to the Overseas Investment Regulations 1985, the Overseas Investment Commission hereby gives the following notice:

N o t i c e

1. Title and commencement—(1) This notice may be cited as The Overseas Investment Exemption Notice 1994 No. 1.

(2) This notice shall come into force on the day after the date of its publication in the New Zealand Gazette.

2. Interpretation—(1) In this notice, unless the context otherwise requires:

“Specified person” means any company which is an overseas person which would not be an overseas person if Greenstone Fund Limited were not an overseas person;

“The regulations” means the Overseas Investment Regulations 1985.

(2) Terms or expression used in this notice shall have the same meaning as they have in the regulations.

3. Exemption from Part I of the Regulations—(1) Every person is exempt from the provisions of Part I of the regulations in respect of the issue of shares to, or the allotment of shares subscribed for by:

(a) A specified person; or

(b) Greenstone Fund Limited.

(2) Greenstone Fund Limited and every specified person is exempt from the provisions of Part I of the regulations in respect of the issue of shares to, or the allotment of shares subscribed for by, any other overseas person where that issue or allotment is made instead of the payment of dividends in cash.

4. Exemption from Parts II or III of the Regulations—(1) Greenstone Fund Limited and every specified person is exempt from the provisions of Part II (except regulation 16) and Part III of the regulations.

(2) Every person is exempt from the provisions of regulation 16 of the regulations in respect of the provision of any contract or agreement which provides for the transfer of shares in a company to:

(a) A specified person; or

(b) Greenstone Fund Limited.

The notice also exempts persons from compliance with regulation 16 in relation to any contract or agreement which provides for the transfer of shares in a company to a specified person or to Greenstone Fund Limited.

Dated this 17th day of March 1994.

For and on behalf of the Overseas Investment Commission.

R. W. STANNARD, Chairman.

Explanatory Note:

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which comes into force on the day after the date of its notification in the New Zealand Gazette, exempts persons who issue or allot shares to any specified person, or to Greenstone Fund Limited from Part I of the Overseas Investment Regulations 1985. The term “specified person” is defined to mean a company which is an overseas person under the regulations but which would not be an overseas person if Greenstone Fund Limited were not an overseas person.

The notice also exempts Greenstone Fund Limited and specified persons from the requirement of Part I of the regulations in relation to the issue or allotment of shares to overseas persons where that issue or allotment is made instead of the payment of dividends in cash.

The notice exempts Greenstone Fund Limited and specified persons from the requirements of Part II (except regulation 16 of the regulations (which relates to takeovers by overseas persons) and from Part III of the regulations (which relates to the acquisition by an overseas person of assets used in carrying on a business).

The notice also exempts persons from compliance with regulation 16 in relation to any contract or agreement which provides for the transfer of shares in a company to a specified person or to Greenstone Fund Limited.

Securities Commission

Securities Amendment Act 1988

The Authorised Futures Dealers Notice 1994 (No. 3)

Pursuant to section 38 of the Securities Amendment Act 1988, the Securities Commission gives the following notice:

N o t i c e

1. Title and commencement—(1) This notice may be cited as The Authorised Futures Dealers Notice 1994 (No. 3).

(2) This notice shall come into force on the day after the date of its publication in the New Zealand Gazette.

2. Interpretation—(1) In this notice, unless the context otherwise requires:

“the Act” means the Securities Amendment Act 1988;

“the Exchange” means New Zealand Futures and Options Exchange Limited.

(2) Any term or expression which is not defined in this notice, but that is defined in the Act has the meaning given to it by the Act.

3. Certain persons authorised to carry on business of dealing in futures contracts—(1) The following persons are hereby authorised to carry on the business of dealing in futures contracts generally:

HKBA Futures Limited.

Potter Warburg Clearing Limited.

ANZ Capel Court Limited.

Bankers Trust Australia Limited.

Citifutures Limited.

Deutsche Bank Australia Limited.

National Australia Bank Limited.

Hongkong Bank of Australia Limited.

(2) Each of the authorisations referred to in subclause (1) of this clause is subject to the condition that the authorised person:

(a) is a Public Broker within the meaning of the rules of the Exchange; and