3 APRIL 2008

NEW ZEALAND GAZETTE, No. 69

(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 of
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 (i) to
(vii) above; and
(d) before dealing in any futures contract in respect of
which the authorisation in this clause 4 applies, the
company 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
(e) the terms of any such futures contract:
(i) create obligations that cannot be transferred or
terminated by either party to the futures
contract without the consent of the other
party; or
(ii) require that the transfer of obligations under
the futures contract can be made only to a
person who meets the criteria described in
subclauses 4(2)(c) and (d).

Clause 5: Further Conditions Relating to Dealing in
Futures Contracts—The authorisations in clauses 3 and 4
are also subject to the conditions that the company:
(a) notifies the Commission if the company’s AFS
Licence is varied or revoked and notifies the

1917

Commission of any regulatory action taken by ASIC
in relation to the company’s AFS Licence; and
(b) provides the Commission with a copy of the
company’s audited financial statements no later than
three months after the end of each financial year for
the company; and
(c) any company document that states the company has
been authorised by the Commission to carry on the
business of dealing in futures contracts includes a
statement to the effect that:
(i) the Commission’s role in authorising futures
dealers is limited and does not imply approval
or endorsement of the business, trading or
solvency of the company; and
(ii) the Commission has not approved any
agreements or any disclosure documents of
the company; and
(d) the company immediately notifies the Commission
in writing of any of the following events:
(i) the insolvency of the company or the
bankruptcy of any of its directors or senior
management;
(ii) if the company, or any of its directors or
senior management, is convicted of an
indictable offence;
(iii) where a receiver, provisional liquidator,
liquidator or a similar officer is appointed, or
any resolution is passed or order made for the
winding up or dissolution of the company;
(iv) any regulatory action taken against the
company, or any of its directors or senior
management whether in New Zealand or
elsewhere;
(v) if any director or member of the senior
management leaves the company or if any new
director or member of senior management is
appointed to the company; and
(vi) if any auditor’s report prepared in accordance
with the company’s AFS Licence shows
any non-compliance with the company’s AFS
Licence or the Corporations Act 2001.

Dated at Wellington this 2nd day of April 2008.
The Common Seal of the Securities Commission was
affixed in the presence of:
[L.S.]

JANE DIPLOCK, Chairperson.
au2239

Land Notices

Conservation Act 1987

Declaring Land to be Held for Conservation
Purposes and Declaration That the Area be Part of
the Petane War Memorial Reserve

Under the Conservation Act 1987, the Conservator of the
East Coast Hawke’s Bay Conservancy of the Department
of Conservation declares that the land described in the
Schedule is held for conservation purposes and further
declares that the conservation area is set apart as a reserve,
subject to the Reserves Act 1977, and classified as a
recreation reserve, subject to the provisions of the latter Act,

and further declares the recreation reserve described in the
Schedule form part of the Petane War Memorial Reserve.

Hawke’s Bay Land District—Napier District

Schedule

Area
Description
m²
1922 Section 15 Block XVI Puketapu Survey District.

Dated at Gisborne this 31st day of March 2008.

P. J. WILLIAMSON.

(DOC PAR-08-02-19)

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