27 JULY NEW ZEALAND GAZETTE 2039

1947 at such places or places and for such period or periods only as the Chief District Court Judge may fix, pursuant to the said section 10A of the District Courts Act 1947, for a term of 2 years on and from the 7th day of October 2000.

Dated at Wellington this 7th day of July 2000.

MARGARET WILSON, Attorney-General.

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Acting District Court Judge Appointed

Pursuant to section 10A of the District Courts Act 1947, His Excellency the Governor-General has been pleased to appoint

Neil Gordon Hattaway, Retired District Court Judge

to be an Acting District Court Judge, to exercise civil and criminal jurisdiction in New Zealand, and to exercise the criminal jurisdiction of the District Courts under Part IIA of the District Courts Act 1947, at such place or places and for such period or periods only as the Chief District Court Judge may fix, pursuant to the said section 10A of the District Courts Act 1947, for a term of 2 years on and from the 1st day of August 2000.

Dated at Wellington this 3rd day of July 2000.

MARGARET WILSON, Attorney-General.

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Resource Management Act 1991

Environment Commissioner and Deputy Environment Commissioner Re-Appointed

Pursuant to section 254 of the Resource Management Act 1991, His Excellency the Governor-General of New Zealand has been pleased to re-appoint

James Ronald Dart, of Auckland,
as an Environment Commissioner, and

John Robert Fitzmaurice, of Auckland,
as a Deputy Environment Commissioner, both for a term of 1 year on and from the date hereof.

Dated at Wellington this 3rd day of July 2000.

MARGARET WILSON, Associate Minister of Justice.

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New Zealand Overseas Investment Commission

Overseas Investment Act 1973

Notice of Government Overseas Investment Policy, Delegation and Criteria

6 July 2000
Received 21 July 2000
Chairman
Overseas Investment Commission
P.O. Box 2498
Wellington

Dear Mr Webb

Overseas Investment Policy, Delegation and Criteria

1. This letter conveys the Government’s general policy approach to overseas investment and indicates the delegated authority for the Overseas Investment Commission (“the Commission”) and its staff to determine applications and related matters as from the date of this letter.

2. The Government has decided to alter the previous letter issued on 19 November 1999 to ensure that there are no doubts that the Commission’s responsibilities under its legislation should be exercised in a neutral manner. We have also decided that, due to the sensitive nature of overseas ownership of New Zealand fishing quota and the small number of applications in that field, all fishing quota applications should be dealt with by Ministers.

3. Please note that these changes are technical in nature and the Government remains committed to an open and facilitative overseas investment regime.

General Policy Approach

4. Section 9 (2) of the Overseas Investment Act 1973 (“the Act”) requires the Commission to “comply with the general policy of the Government...transmitted in writing...by...the Minister (Treasurer) and the Minister of Lands”. We wish to convey the following general policy of the Government in relation to the exercise of the Commission’s functions, powers and duties:

   (a) the Government recognises the need for overseas capital and welcomes and encourages investment which meets the tests set out in the legislation.

   (b) the Commission’s operating procedures should be consistent with the Government’s intention to facilitate positive investment. Accordingly, the Commission should:

   (i) perform its functions and administer the legislation it has responsibility for in a timely, consistent and efficient manner;

   (ii) seek to minimise the compliance and transactions costs to the private sector of the investment regime;

   (iii) seek sufficient information from applicants for it to be assured about the accuracy of the information supplied;

   (iv) seek sufficient evidence from applicants for it to be able to judge whether any national interest benefits claimed by them are likely to eventuate;

   (v) when it considers it necessary to verify that information or that evidence, seek input from government agencies or others it considers have particular competence in relation to that application;

   (vi) seek to recover its operating costs, through fees that must be approved by the Treasurer, from persons who use its services;

   (vii) continue to advise Ministers on proposals with the presumption that the investment will be compatible with the policy of the Government relating to any other matter;

   (viii) continue to monitor compliance with any conditions of approval, consent, permission, or exemption granted under the legislation with an approach that seeks a balance between the objectives of ensuring compliance with any conditions and providing the Commission with