26 MAY 2005

NEW ZEALAND GAZETTE, No. 83

(2) Any term or expression that is defined in the Act and
used, but not defined, in this notice has the same meaning as
in the Act.

Authorisation in Respect of Non-Exchange Traded Futures Contracts

3. Authorisation—(1) Rabobank 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 applies only to dealing in futures
contracts that consists of advising or assisting a person in
connection with the acquisition or disposition of a futures
contract described in subclause (1).

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

(a) every person that Rabobank advises or assists in
connection with the acquisition or disposition of a
futures contract to which this authorisation applies is
a counterparty or potential counterparty to a futures
contract in respect of which Rabobank is or intends
to be a party; and

(b) Rabobank is satisfied on reasonable grounds that
any counterparty to a futures contract to which this
authorisation applies and any person to whom
Rabobank gives advice or assistance in connection
with the acquisition or disposition of a futures
contract to which this authorisation applies, is:

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

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

(iii) a person who is a Futures and Options
Firm, a Futures and Options IB or a Futures
and Options Advisor designated by the
New Zealand Exchange Limited as such
under the New Zealand Exchange Limited
Futures and Options Rules and 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 1986 (each as amended from
time to time); or

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

(vii) a person who is a related body corporate of a
person mentioned in subparagraphs (i) to (vi);
and

(c) Before acquiring or disposing of any futures
contract in respect of which the authorisation
applies, Rabobank 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; 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 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 24th day of May 2005.

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

[L.S.]

J. DIPLOCK, Chairperson.

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Land Notices

Public Works Act 1981

Land Taken for Road—Adjoining State Highway No. 58 Near Hayward’s Hill Intersection, Hutt City

DAME SILVIA CARTWRIGHT, Governor-General

A PROCLAMATION

Pursuant to the Public Works Act 1981, I, The Honourable
Dame Silvia Cartwright, Governor-General of New Zealand,
hereby declare the land described in the Schedule hereto to
be taken for road and to vest in the Crown on the 14th day
after the date of the publication of this Proclamation in the
New Zealand Gazette.

Wellington Land Registry—Hutt City

Schedule

Given under the hand of Her Excellency the Governor-General of New Zealand and issued under the Seal of
New Zealand this 18th day of May 2005.

[L.S.]

PETE HODGSON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2000/5695/A)

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