448

NEW ZEALAND GAZETTE, No. 21

23 FEBRUARY 2007

(a) contain the information that is prescribed in Part II to Part V of this Order; and
(b) comply with the Act.

(2) The Short Form Disclosure Statement shall be Published:

(a) not later than two months after each Off-Quarter Balance Date;

(b) where a General Short Form Disclosure Statement is subject to review or audit by an external auditor, and provided
that the extent of review or audit is not less than that which is required in respect of a Disclosure Statement in terms
of the Registered Bank Disclosure Statement (Full and Half-Year—New Zealand Incorporated Registered Banks)
Order 2007, not later than three months after each Off-Quarter Balance Date.

(3) Short Form Disclosure Statements shall be Published in the following manner:

(a) every Registered Bank shall prominently display the Registered Bank’s most recent Key Information Summary at
the Registered Bank’s head office, every branch of the Registered Bank, every other Premises of the Registered
Bank, and every Premises of an agency of the Registered Bank primarily engaged in the business of the Registered
Bank;

(b) every Registered Bank shall provide to any person a copy of its most recent Key Information Summary
immediately upon request and at no charge;

(c) where a Registered Bank publishes information on an internet web site which includes any information directed
primarily at its New Zealand customers or potential customers, the Registered Bank shall make available or display
a copy of its most recent Key Information Summary on that internet web site;

(d) every Registered Bank shall notify each of its customers holding a Direct Banking Account of the availability of its
most recent Key Information Summary, as soon as is practicable after the publication of that Key Information
Summary, and shall state that the Key Information Summary is available immediately upon request and at no
charge;

(e) every Registered Bank shall provide a copy of its most recent General Short Form Disclosure Statement at no
charge, immediately to any person requesting a copy where the request is made at the Registered Bank’s head
office and within five Working Days where the request is made at any branch of the Registered Bank, any other
Premises of the Registered Bank, or any Premises of an agency of the Registered Bank primarily engaged in the
business of the Registered Bank;

(f) every Registered Bank shall provide a copy of its most recent Supplemental Disclosure Statement, or such part of it
as is requested, at no charge, immediately to any person requesting a copy where the request is made at the
Registered Bank’s head office and within five Working Days where the request is made at any branch of the
Registered Bank, any other Premises of the Registered Bank, or any Premises of an agency of the Registered Bank
primarily engaged in the business of the Registered Bank, unless the content of a Supplemental Disclosure
Statement is included in the General Short Form Disclosure Statement; and

(g) every Registered Bank shall deliver a copy of its most recent Short Form Disclosure Statement to the Reserve Bank
on the Publication Date.

4. General Provisions Relating to Content of Short Form Disclosure Statement—

(1) (a) In addition to the information which is required by this Order, a Short Form Disclosure Statement:

(i) shall contain such other information as in the opinion of the Directors it is necessary or desirable to include so
as to ensure that any information contained in the Short Form Disclosure Statement is not false or misleading
in any Material particular; and

(ii) subject to any express provision to the contrary in this Order, may contain such other information as the
Directors consider appropriate.

(b) A Short Form Disclosure Statement shall not contain any offer (within the meaning of that term as defined in
section 2 of the Securities Act 1978) of any Debt Securities, but may contain information required for the purposes
of regulation 21(2) and regulation 22(d) of the Securities Regulations 1983.

(2) Subject to the Act and this clause, nothing in this Order shall limit the provisions of any other enactment.

(3) Where this Order requires or permits a Short Form Disclosure Statement to incorporate information about any person,
business or group in respect of a stated period, that information need not relate to any part of that period for which the person,
business, group or any part thereof did not exist. Where the Short Form Disclosure Statement contains information in respect
of a period that is less than the stated period, it shall identify the period in respect of which the information is provided.

(4) The Short Form Disclosure Statement shall not state or imply that a person is, or intends to become, a shareholder of the
Registered Bank, or of a member of the Banking Group, without also stating whether that person guarantees any of the
obligations of the Registered Bank or any member of the Banking Group.

(5) Subject to subclause (7) of this clause, where a Registered Bank is unable because of systems limitations or because of
circumstances beyond its control to disclose information which the Registered Bank would, pursuant to this Order, be required
to disclose, the Short Form Disclosure Statement shall:

(a) state that fact, and an explanation of the circumstances; and

(b) contain information which is the closest available alternative to that required to be disclosed pursuant to this Order.

(6) The comparative information required to be disclosed by this Order or by the requirements of the Financial Reporting
Act 1993 for the previous corresponding period shall be restated so that it corresponds to the information presented for the
current period. Where there has been a Material restatement of prior period amounts, the nature of, and the reason for, the
restatement shall be disclosed.

(7) A Registered Bank need not disclose comparative information where this information is not readily available, provided
that comparative information shall be deemed to be readily available 12 months after the date at which such information was
first required to be Published.