3 OCTOBER

NEW ZEALAND GAZETTE

3853

3. Authorisation

(1) Macquarie Bank is authorised to carry on the business of dealing in futures contracts other than futures contracts made on or effected through the Exchange or a futures exchange in a country other than New Zealand which is authorised by the laws of that country to operate as a futures exchange.

(2) The authorisation in the notice applies only to dealing in futures contracts that consist of advising or assisting a person in connection with the acquisition or disposition of a futures contract described in subclause (1).

(3) The authorisation in this notice is subject to the conditions that:

(a) every person that Macquarie Bank advises or assists in connection with the acquisition or disposition of a futures contract to which the notice applies is a counterpart or potential counterpart to a futures contract in respect of which Macquarie Bank is or intends to be a party; and

(b) Macquarie Bank is satisfied, on reasonable grounds, that the counterparty to each futures contract to which this notice applies, and any person to whom Macquarie Bank gives advice or assistance in relation to the acquisition or disposition of any futures contract to which this notice applies, is:

(i) a person who owns tangible assets with a market value of more than $10 million; or

(ii) a trustee of a trust or a funds manager, acting in that capacity, which has under that person’s control, as trustee or funds manager, assets with an aggregate value exceeding $50 million; or

(iii) a person who is a licensed dealer of the New Zealand Futures and Options Exchange Limited who is authorised to carry on the business of dealing in futures contracts under the Act; or

(iv) a person authorised in another jurisdiction by the competent authority of that jurisdiction to deal in futures contracts; or

(v) Her Majesty the Queen in right of New Zealand, a Crown entity named in the Fourth Schedule to the Public Finance Act 1989, or a State Enterprise named in the First or Second Schedule to the State Owned Enterprises Act 1989 (each as amended from time to time); or

(vi) a person which is a statutory corporation; or

(vii) a person which is a related body corporate, in terms of section 2 (3) of the Companies Act 1993 (but without the requirement of being a company under that Act), of any of the persons mentioned in subparagraphs (i) to (vi) above;

and

(c) before acquiring or disposing of any futures contract to which this notice applies, Macquarie Bank is satisfied on reasonable grounds that the counterparty is contracting:

(i) as principal on its own account; or

(ii) on behalf of a related body corporate, as mentioned in paragraph (b) (vii); or

(iii) as trustee of a trust or manager of a managed fund; and

(d) the terms of every futures contract in respect of which the authorisation in this notice applies:

(i) create obligations that cannot be transferred or terminated by either party to the futures contract without the consent of the other party; and

(ii) require that any transfer of obligations under the futures contract can be made only to a person who meets the criteria described in paragraphs (b) and (c).

Dated at Wellington this 1st day of October 2002.

The Common Seal of the Securities Commission was affixed in the presence of:

[L.S.]

JANE DIPLOCK, Chairman.

au6736

Transit New Zealand

Transit New Zealand Act 1989

Declaring New Section of State Highway—State Highway No. 2, Tauranga

Pursuant to section 60 of the Transit New Zealand Act 1989, the Transit New Zealand Authority gives notice that the section of road described in the Schedule hereto is declared to be State Highway No. 2.

Schedule

The section of newly constructed road at Tauranga, commencing at a point 1.06 kilometres east of the intersection of State Highway No. 2 and Bethlehem Road and proceeding generally in an easterly direction along Tamatea Arikinui Drive (Route J Expressway) to its intersection with Cameron Road (Route Position 146/2.78 to new Route Position 146/5.94); a distance of 3.19 kilometres.

Dated at Wellington this 1st day of October 2002.

Signed on behalf of Transit New Zealand by:

M. K. LAUDER, Highway Control Manager.

au6726

Land Notices

Land Act 1948

Reserves Act 1977

Reservation of Land

Under the Land Act 1948, the Conservator for the Otago Conservancy of the Department of Conservation sets apart the land described in the Schedule as a Government purpose (wildlife management) reserve, subject to the provisions of the Reserves Act 1977.

Schedule

Otago Land District—Dunedin City

82.2 hectares, being Sections 14, 15 and 16, S.O. 301750.

Dated at Dunedin this 23rd day of September 2002.

J. E. CONNELL.

(DOC File: P 297, WIL 35)

ln6603