938 NEW ZEALAND GAZETTE, No. 35 11 FEBRUARY 2005

business is conducted by an overseas incorporated company, separately in respect of the overseas company’s
\ngroup and that group’s New Zealand Business;
\n(iii) a statement that the most recent publicly available financial statements and group financial statements for:
\n – Insurance Business conducted in New Zealand outside the Banking Group; and
\n – non-financial activities conducted in New Zealand outside the Banking Group;
\n(separately, as applicable) are contained in the Registered Bank’s Supplemental Disclosure Statement or
\nGeneral Disclosure Statement (state which), copies of which (or that part of which, as applicable) will be
\nprovided at no charge to any person requesting a copy in the manner described in paragraph (k) of this
\nsubclause;
\n
\n(j) Financial statements of the Overseas Bank and Overseas Banking Group—
\na statement that a copy of the most recent publicly available financial statements of the Overseas Bank and
\nOverseas Banking Group is contained in the Registered Bank’s Supplemental Disclosure Statement or General
\nDisclosure Statement (state which), copies of which (or of that part of which, as applicable) will be provided at no
\ncharge to any person requesting a copy in the manner described in paragraph (k) of this subclause; and
\n
\n(k) Availability of Disclosure Statements—
\na statement:
\n(i) that copies of the Registered Bank’s most recent General Disclosure Statement and Supplemental Disclosure
\nStatement will be provided immediately at no charge to any person requesting a copy where the request is
\nmade at the Registered Bank’s head office;
\n(ii) specifying the categories of places where copies of the Registered Bank’s most recent General Disclosure
\nStatement and Supplemental Disclosure Statement will be provided at no charge to any person within 5
\nWorking Days of a request for a copy having been made.

\nAuditor’s Report—
\n(7) The Key Information Summary shall contain an auditor’s report, set out after the information disclosed in accordance
\nwith subclause 5 (6) and any information disclosed in accordance with subclause 5 (4), which shall state:
\n(a) that the Key Information Summary has been examined by the auditor;
\n(b) whether the Key Information Summary has been completed in accordance with this Order and whether the
\ninformation contained in it has been properly taken, where applicable, from the information contained in the
\nGeneral Disclosure Statement; and
\n(c) the nature of the audit examination conducted in respect of information drawn from the General Disclosure
\nStatement, and whether a qualified or unqualified opinion has been given in respect of that information.

\nPart III
\nGeneral Disclosures to be Contained in General Disclosure Statement
\n
\n6. General Matters— (1) In respect of the Registered Bank, the General Disclosure Statement shall state its name and
\nAddress for Service.
\n
\n(2) In respect of the Overseas Bank, the General Disclosure Statement shall state:
\n(a) its name and the address of its principal office, or place of business, outside New Zealand;
\n(b) the statute or other authority under or pursuant to which it was incorporated or established; and
\n(c) the date of its incorporation or establishment.
\n
\n(3) Where applicable, the General Disclosure Statement shall state:
\n(a) the name and Address for Service of the Ultimate Parent Bank of the Overseas Bank;
\n(b) the name and Address for Service of the Ultimate Holding Company of the Overseas Bank; and
\n(c) a summary of any regulations, legislation or other restrictions of a legally enforceable nature which may Materially
\ninhibit the legal ability of the bodies corporate referred to in paragraphs (a) and (b) of this subclause, to provide
\nMaterial financial support to the Registered Bank.
\n
\n(4) The General Disclosure Statement shall state whether there are any Material legislative or regulatory restrictions in the
\nOverseas Bank’s country of incorporation which subordinate the claims of any class of unsecured creditors of the Registered
\nBank on the assets of the Overseas Bank to those of any other class of unsecured creditors of the Overseas Bank, in a winding
\nup of that Overseas Bank. If so, the General Disclosure Statement shall also state:
\n(a) the name or title of the legislation or regulations involved and the nature of the subordination of the rights of
\ncreditors of the Registered Bank which they create; and
\n(b) the nature and amount of each class of the Registered Bank’s liabilities which are so affected.
\n
\n(5) Where the Registered Bank is required by any statute to hold in New Zealand an excess of assets over deposit liabilities,
\nthe General Disclosure Statement shall state the name of the statute and contain a description of the requirement and a
\nstatement as to whether, since the commencement of the Accounting Period, the Registered Bank has at all times complied
\nwith that requirement.
\n
\n(6) Where the Overseas Bank is subject to any regulatory or legislative requirement in the Overseas Bank’s country of
\nincorporation to maintain sufficient assets in that country to cover an ongoing obligation to pay deposit liabilities in that
\ncountry, the General Disclosure Statement shall:
\n(a) state the name or title of the legislation or regulations which impose the requirement;
\n(b) contain a description of the requirement;
\n(c) state that the requirement has the potential to impact on the management of the liquidity of the New Zealand
\noperations of the Overseas Bank.