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NEW ZEALAND GAZETTE, No. 14

8 FEBRUARY 2007

Authorities and Other Agencies of State Notices

Environmental Risk Management Authority

Hazardous Substances and New Organisms Act 1996

Notice of Approval of Hazardous Substance in Special Emergency

Pursuant to section 49H of the Hazardous Substances and New Organisms Act 1996 (“HSNO Act”), the Environmental Risk Management Authority hereby gives notice that on 26 January 2007, it approved an application to import for release and use of Hexaflumuron (Sentricon Termite Bait), a hazardous substance necessary for use in a special emergency declared under section 49B of the HSNO Act.

The special emergency to which the approval relates is the incursion of an exotic subterranean termite, Coptotermes sp., in Coatesville, Auckland, as declared by the Minister for Biosecurity on the 23rd day of January 2007*.

The application was approved pursuant to section 49F of the HSNO Act, with the following controls:

• The substance may only be used in accordance with the management plan specified by the applicant;
• the approval takes effect on 26 January 2007 and expires on 31 December 2007; and
• on expiry of the approval the Hexaflumuron (Sentricon Termite Bait) must be disposed of or stored in an Exempt Laboratory under the Hazardous Substances (Exempt Laboratories) Regulations 2001, unless, before the expiry of the approval, the applicant has, under any other provision of the Act, been granted an approval.

Copies of the approval and the management plan can be inspected free of charge or purchased at the Wellington office of ERMA New Zealand (Level 1, BP House, 20 Customhouse Quay) or can be downloaded from the ERMA New Zealand website

www.ermanz.govt.nz

Dated this 26th day of January 2007.

NEIL WALTER, Deputy Chair, Hazardous Substances Standing Committee, Environmental Risk Management Authority.

New Zealand Gazette, 1 February 2007, No. 10, page 208

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Securities Commission

Securities Markets Act 1988

The Authorised Futures Dealers Notice 2007

Pursuant to section 38 of the Securities Markets Act 1988, the Securities Commission (“Commission”) gives the following notice.

Notice

Clause 1: Title, commencement and expiry—(1) This notice is the Authorised Futures Dealers Notice 2007.

(2) This notice comes into force on the day after the date of its publication in the New Zealand Gazette.

(3) This notice expires on the close of February 2012.

Clause 2: Interpretation—(1) In this notice, unless the context otherwise requires:

“Act” means the Securities Markets Act 1988.

“AFS Licence” means an Australian Financial Services Licence granted under the Corporations Act.

“ASIC” means the Australian Securities and Investments Commission.

“Corporations Act” means the Corporations Act 2001 of the Commonwealth of Australia.

“JPMAL” means J.P. Morgan Australia Limited.

“recognised exchange” means an authorised futures exchange or any exchange in a country other than New Zealand which is authorised by the laws of that country to operate as a futures exchange.

(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.

Clause 3: Authorisation—(1) JPMAL is authorised to carry on the business of dealing in futures contracts other than futures contracts made on or effected through a recognised exchange.

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

(a) JPMAL deals only on behalf of its wholesale clients, being any client that is:
(i) a person who controls at least $10 million; or
(ii) a trustee of a trust or a funds manager, acting in that capacity, who has under that person’s control, as trustee or funds manager, net assets of at least $10 million; or
(iii) a person 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 Crown Entities Act 2004, 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 a registered bank; or
(vii) a person whose principal business is the investment of money or who, in the course of and for the purposes of their business, habitually invests money; or
(viii) a person who is a related body corporate of any of the persons mentioned in subparagraphs (i) to (vii) above; and

(b) before dealing in any futures contract in respect of which the authorisation applies, JPMAL is satisfied on reasonable grounds that the wholesale client 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

(c) the terms of every futures contract in respect of which the authorisation applies: