23 FEBRUARY 2007

NEW ZEALAND GAZETTE, No. 21

467

“Financial Reporting Group” means the New Zealand Business of all the members of the group (as that term is defined in section 2(1) of the Financial Reporting Act 1993) that comprises a reporting entity that is the Overseas Bank and its subsidiaries, as if the members of the group were companies formed and registered in New Zealand.

“Foreign Currency Exposure” means the amount of the change in the economic value of the Financial Assets and Financial Liabilities of the Banking Group in a single foreign currency which would occur as a result of a change in the rate of exchange applicable to that foreign currency.

“General Disclosure Statement” means that part of a Disclosure Statement which contains the information prescribed in Part III and Part IV of this Order.

“General Provision” has the same meaning as in FRS-33, as amended from time to time.

“Group of Closely Related Counterparties” has the same meaning as in FRS-33, as amended from time to time.

“Immediate Relative”, in relation to any person, means their spouse, civil union partner, or de facto partner (as defined in the Property (Relationships) Act 1976), and any parent, brother, sister or child, in each case whether or not adoptive, of that person or of their spouse, civil union partner, or de facto partner.

“Impaired Asset” means a Non-Accrual Asset, a Restructured Asset, or an Asset Acquired Through the Enforcement of Security.

“Independent Director” means a Director who is not an employee of the Overseas Bank, and who is not a director, trustee, or employee of any holding company of the Overseas Bank, or any other entity capable of controlling or significantly influencing the Overseas Bank.

“Insurance Business” has the same meaning as in the Conditions of Registration.

“Interest Rate Exposure” means the amount of the change in the economic value of the Financial Assets (excluding equity instruments) and Financial Liabilities (excluding equity instruments) of the Banking Group in a single currency which would occur as a result of a change in interest rates in that currency.

“Interest Rate Repricing Date”, as that term applies to a Financial Instrument or to a proportion of a Financial Instrument, means the earlier of the date on which, in accordance with the terms of the Financial Instrument:

(a) the interest rate reset date next occurs (being the date on which the rate of interest payable in respect of the Financial Instrument can or will alter); or

(b) the principal sum is due and payable or, where no principal sum is due and payable, the maturity date occurs.

“Interest Rate Risk” has the same meaning as in FRS-33, as amended from time to time.

“Interim Accounting Period” means, subject to the application of subclause 2(6), the first six month period of an Accounting Period.

“Investment Security” has the same meaning as in FRS-33, as amended from time to time.

“Issuer” has the same meaning as in the Financial Reporting Act 1993.

“Key Information Summary” means that part of a Disclosure Statement which contains the information prescribed in Part II of this Order.

“Market Risk Exposure” means exposure to any, or all, of Equity Exposure, Foreign Currency Exposure and Interest Rate Exposure.

“Material” has the meaning given to it by generally accepted accounting practice, or, where generally accepted accounting practice does not apply, means a statement, fact, or item which is of such a nature or amount that its inclusion or omission, or the method of treating its disclosure, would be likely to influence a reasonable user of the Disclosure Statement.

“New Zealand Business” means all business, operations, or undertakings conducted in or from New Zealand.

“New Zealand Chief Executive Officer” has the same meaning as in section 2 of the Act.

“Non-Accrual Asset” means any Credit Exposure for which it is probable that the Registered Bank or a member of the Banking Group will not be able to collect all amounts owing in accordance with the terms of the contract with the Counterparty.

“NZ IAS” means a New Zealand International Accounting Standard approved by the Accounting Standards Review Board as an Approved Financial Reporting Standard.

“NZ IFRS” means a New Zealand International Financial Reporting Standard approved by the Accounting Standards Review Board as an Approved Financial Reporting Standard.

“OECD Government” means the central government of any of the countries specified in the list of OECD countries contained in Appendix One to the Reserve Bank document entitled Capital Adequacy Framework (BS2), as amended from time to time.

“Other Asset Acquired Through the Enforcement of Security” has the same meaning as in FRS-33, as amended from time to time.

“Other Asset Under Administration” means any Credit Exposure which is not an Impaired Asset or a Past Due Asset, but which is to a Counterparty:

(a) who is in receivership, liquidation, bankruptcy, statutory management or any form of administration in New Zealand; or

(b) who is in any other equivalent form of voluntary or involuntary administration in an overseas jurisdiction.

“Other Security” has the same meaning as in FRS-33, as amended from time to time.

“Overseas Bank” means a financial institution incorporated outside New Zealand which has been authorised, registered, or licensed as a bank in its country of domicile by the appropriate banking supervisory authority and, unless the context otherwise requires, is the bank of which the Registered Bank is the New Zealand branch.

“Overseas Banking Group” means an Overseas Bank and all other entities included in the group for the purposes of public reporting of group financial statements in the country of domicile of the Overseas Bank.