Privacy Commissioner

Privacy Act 1993

Privacy Act Code of Practice Notice

Pursuant to section 49 of the Privacy Act 1993, I give notice as follows:

1. The Credit Reporting Privacy Code 2004 Amendment No. 4:
   (a) was issued on 14 December 2010; and
   (b) will generally come into force on 1 October 2011 with some clauses coming into force on 1 April 2012.

2. Copies of the amendment may be inspected or obtained free of charge from the offices of the Privacy Commissioner, 51–53 Shortland Street, Auckland, and 109–111 Featherston Street, Wellington, or downloaded from the website www.privacy.org.nz

Dated this 23rd day of December 2010.

MARIE SHROFF, Privacy Commissioner.

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Securities Commission

Financial Advisers Act 2008

Notice Under the Financial Advisers Act 2008

Pursuant to section 147A(1)(b) of the Financial Advisers Act 2008, notice is given of the approval of standard conditions for incorporation in the grant of QFE status (under section 67 of the Financial Advisers Act 2008).

The standard conditions can be downloaded from the Securities Commission website at www.seccom.govt.nz/publications/documents/qfeconditions/

Printed copies are also available from the Securities Commission at Level 8, 56 The Terrace, Wellington.

These standard conditions may be incorporated into a grant of QFE status, subject to any modifications by the Securities Commission from 20 January 2011.

Dated this 23rd day of December 2010.

DAVID MAYHEW, Temporary Deputy Chairman, Securities Commission.

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Securities Markets Act 1988

The Authorised Futures Dealers (J.P. Morgan Securities Australia Limited) Notice 2010

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

Notice

1. Title, commencement and expiry—(1) This notice is the Authorised Futures Dealers (J.P. Morgan Securities Australia Limited) Notice 2010.
   (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 30 November 2015.

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.

   JPMCB means JPMorgan Chase Bank, National Association.

   JPMSAL means J.P. Morgan Securities 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.

   wholesale client means any client that is:
   (a) a person who controls at least $10 million; or
   (b) 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
   (c) a person who is authorised to carry on the business of dealing in futures contracts under the Act; or
   (d) a person authorised in another jurisdiction by the competent authority of that jurisdiction to deal in futures contracts; or
   (e) 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
   (f) a person who is a statutory corporation or a registered bank; or
   (g) 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
   (h) a person who is a related body corporate of any of the persons mentioned in subparagraphs (a) to (g) above.

   (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.

3. Authorisation for JPMSAL—(1) JPMSAL is authorised to carry on the business of dealing in futures contracts generally.

   (2) The authorisation in clause 3(1) is subject to the conditions that:
   (a) JPMSAL deals only on behalf of its wholesale clients; and
   (b) before dealing in any futures contract in respect of which the authorisation applies, JPMSAL 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) in respect of any futures contract to which the authorisation applies that is not a futures contract that is effected on a recognised exchange, JPMCB is a party to the futures contract; and