954 NEW ZEALAND GAZETTE, No. 35 11 FEBRUARY 2005

the request is made at a bank’s head office, or within five working days if the request is made at a bank branch or at any
customer-accessible bank premises other than the head office. This Order in Council requires the following information to be
contained in a Supplemental Disclosure Statement:

a

the conditions of registration imposed by the Reserve Bank on the registered bank pursuant to section 74 of the Reserve
Bank of New Zealand Act;

b

the contract of guarantee and financial statements of any guarantor, where the material obligations of the overseas bank
are guaranteed;

c

where the overseas bank has entered into any material cross guaranteeing arrangements, a copy of the full guarantee
contract if there is a contract which sets out, or is representative of, the rights and obligations of all the cross guarantors;

d

the most recent publicly available financial statements of the overseas bank and overseas banking group of which the
registered bank is part;

e

where the overseas bank conducts in New Zealand outside the New Zealand banking group any insurance business or
non-financial activities, the most recent publicly available financial statements of that business or those activities.

A bank has three months after its balance date or interim balance date in which to publish the disclosure statements required
by this Order in Council.

The disclosure statement in respect of the end of a financial year is subject to full external audit. The disclosure statement
prepared as at the half year is subject to a limited review by an external auditor, although a bank may elect to obtain a full
external audit. With the exception of the market risk information, the audit opinions at both of these periods concern whether
the information disclosed gives a true and fair view of the matters to which it relates. The audit opinion on the market risk
information relates to whether the information disclosed complies with the provisions of this Order for determining and
disclosing that information.

The disclosure statements required by this Order in Council must be signed by all the directors and the New Zealand chief
executive officer of the bank. A director or New Zealand chief executive officer may authorise in writing another person to sign
on his or her behalf.

The Reserve Bank of New Zealand Act provides for criminal and civil penalties where a bank’s disclosure statement is found to
be false or misleading.

This Order in Council is administered in the Reserve Bank of New Zealand.

au365

Registered Bank Disclosure Statement (Off–Quarter—Overseas Incorporated Registered Banks)
Order 2005

SILVIA CARTWRIGHT, Governor-General

ORDER IN COUNCIL

At Wellington this 7th day of February 2005

Present:
HER EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Pursuant to section 81 (1) of the Reserve Bank of New Zealand Act 1989, Her Excellency the Governor-General, acting by and
with the advice and consent of the Executive Council, and on the advice of the Minister of Finance given in accordance with a
recommendation of the Reserve Bank of New Zealand, hereby makes the following Order.

Analysis

1. Title, Application and Commencement

Part I—Preliminary

2. Interpretation
3. Form, Frequency and Distribution of Short Form Disclosure Statement
4. General Provisions Relating to Content of Short Form Disclosure Statement

Part II—Key Information Summary

5. Content of Key Information Summary

Part III—General Disclosures to be Contained in General Short Form Disclosure Statement

6. General Matters
7. Guarantee Arrangements
8. Conditions of Registration
9. Credit Ratings

Part IV—Financial and Supplementary Disclosures to be Contained in General Short Form Disclosure Statement

10. Content of Financial and Supplementary Disclosures
    10A. Insurance Business
    10B. Non-Consolidated Activities
11. Auditor’s Report
12. The Directors’ and the New Zealand Chief Executive Officer’s Statement
13. Financial Statements of the Overseas Bank and Overseas Banking Group