18 NOVEMBER 2004

NEW ZEALAND GAZETTE, No. 149

3737

(d) any company document that states the company has
been authorised by the Securities Commission to
carry on the business of dealing in futures contracts
includes a statement to the effect that:

(i) the Securities Commission’s role in authorising
futures dealers is limited and does not imply
approval or endorsement of the business,
trading or solvency of the company; and

(ii) the Securities Commission has not approved the
client services agreement or any disclosure
documents of the company.

(e) the company maintains proper records:

(i) to record dealings in respect of specified futures
contracts with or on behalf of the client;

(ii) to record client money, funds and property held
or received in connection with dealings in
specified futures contracts; and

(iii) which are audited or reviewed, and reported on,
in accordance with the Regulations and the
Financial Reporting Act 1993.

(f) the company has current agreed upon procedures
engagement terms.

(g) the company has appointed a compliance reporter.

(h) copies of the current agreed upon procedures
engagement terms, the company’s compliance
manual and any amendments to these documents
have been deposited with the Securities Commission.

(i) the company’s financial statements are prepared and
registered on the basis that the company is an issuer
in terms of the Financial Reporting Act 1993 and are
audited at least once a year by a qualified auditor
under the Financial Reporting Act 1993.\n
(j) the agreed upon procedures engagement terms
provide for (without limitation):

(i) the client money, funds and property records in
respect of specified futures contracts to be
reviewed and reported on by the compliance
reporter at least once a year;

(ii) the review of, and reporting on, the dealing
practices and systems of the company
against the practices and procedures set out
in the company’s compliance manual by
the compliance reporter (including on-site
inspections of the company’s records and
procedures), such review and reporting to be
undertaken at least once in every six months;

(iii) a copy of the compliance reporter’s reports to
be sent to the Securities Commission by the
compliance reporter;

(iv) the company to provide the compliance reporter
with copies of its annual report and monthly
financial statements including a statement of
financial position, a statement of financial
performance, a statement of cash receipts and
payments that includes receipts and payments
of client monies, funds and property for the
month, and a statement of its position with
regard to client funds;

(v) the compliance reporter to give notice to the
Securities Commission before or immediately
upon it resigning or retiring from its position as
compliance reporter.

(k) the company sends a copy of its audited financial
statements to the Securities Commission not more
than three months after the end of each financial
year.

(l) the company maintains adequate professional
indemnity insurance for its business at all times.

(m) the company immediately notifies the Securities
Commission in writing of any of the following
events:

(i) The insolvency of the company or the
bankruptcy of any of its directors.

(ii) If the company, or any of its directors, is
convicted of an indictable offence.

(iii) Where a receiver, provisional liquidator,
liquidator or a similar officer is appointed,
or any resolution is passed or order made for
the winding up or dissolution of the company.

(iv) Any regulatory action taken against the
company, or any of its directors or senior
management, whether in New Zealand or
elsewhere.

(v) If any director or member of the senior
management leaves the company or if any new
director or member of senior management is
appointed to the company.

Dated at Wellington this 12th day of November 2004.
The Common Seal of the Securities Commission was
affixed in the presence of:

[L.S.]

J. DIPLOCK, Chairperson.

au7620

Land Notices

Conservation Act 1987

Declaring Land to be Held for Conservation Purposes, Declaration That the Area Become a Reserve, and Appointment of the Manawatu District Council to Control and Manage a Reserve

Under the Conservation Act 1987, the Conservator for the
Wanganui Conservancy of the Department of Conservation
declares that the land described in the First Schedule is held
for conservation purposes and declares that the conservation
area be set apart as a reserve, subject to the Reserves Act,
1977, and be included in the reserve described in the

Second Schedule and classifies the land described in the
First Schedule as a scenic reserve for the purposes specified
in section 19 (1) (b) of the latter Act, and further, under the
Reserves Act, appoints the Manawatu District Council to
control and manage the reserve described in the First
Schedule.

Wellington Land District—Manawatu District

First Schedule

4858 square metres, more or less, being Sections 356
and 358, Town of Sandon, Block I, Kairanga Survey
District (part New Zealand Gazette, 24 April 1968, page 681
and New Zealand Gazette, 28 April 1977, page 1215).

SO 27996.