New Zealand Gazette – 2004 – No. 135

Page 3331

✨ Legal Definitions



22 OCTOBER 2004

NEW ZEALAND GAZETTE, No. 135

(g)

whether or not such control may exist or arise directly or indirectly, or together
with another person, or under any agreement, arrangement or understanding;

(ii)

if a person cannot be appointed as a director of the relevant organisation
without the exercise by ARH of such a power in the person’s favour; or

(iii)

a person’s appointment as a director of the relevant organisation follows
necessarily from the person being a director or employee of ARH;

“dispose” means to:
(i)

(ii)

(h)

sell, transfer, lease, grant a security interest over, part with possession or
otherwise dispose of or deal with part or all of any right or interest in:
(A)

any equity, debt or other security or other interest (including an option) in
any organisation;

(B)

any asset of any organisation;

issue any equity, debt or other security or other interest (including an option) in
any organisation;

“establish” includes (whether directly or indirectly, and whether or not with another
person):
(i)

holding (or entering into an agreement or arrangement to acquire) any equity or
other securities or other interest (or any right or option to any such securities or
an interest in all or substantially all of the assets of) in any organisation;

(ii)

having (or entering into an agreement or arrangement with the effect of having):

(iii)

(A)

control of the exercise of any votes at any meeting of the shareholders,
directors or beneficiaries or controlling body of that organisation;

(B)

control of the appointment or removal of any trustee, director or manager
(however described) of the organisation;

(C)

the right to receive or direct the application of any dividend or other
distribution (whether on liquidation, dissolution or otherwise) from an
organisation;

(D)

significant influence in or over that organisation;

settling, or being or appointing (or having the right to appoint) a trustee of, a
trust;

(i)

“organisation” includes any company, partnership, trust, profit-sharing arrangement,
joint venture, any association of persons (whether corporate or unincorporated and
whether or not having separate legal personality) or similar arrangement;

(j)

the word “person” includes any association of persons whether corporate or
unincorporated, and any state or government or department or agency thereof,
whether or not having separate legal personality;

(k)

the words “written” and “writing” include facsimile communications and any other
means of communication resulting in permanent visible reproduction; and

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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2004, No 135


Gazette.govt.nz — PDF NZ Gazette 2004, No 135




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