25 AUGUST 2011 NEW ZEALAND GAZETTE, No. 134 3831

A copy of the code can be inspected at the Wellington
Office of EPA, Level 1, BP House, 20 Customhouse Quay,
Wellington.
The code is available on EPA website
www.epa.govt.nz
ROB FORLONG, Chief Executive, Environmental Protection
Authority.
au5728

Notice of Approval of Code of Practice

Pursuant to section 79(5) of the Hazardous Substances and
New Organisms Act 1996 (“HSNO Act”), the Environmental
Protection Authority (EPA) advises that it approved on
19 July 2011, the Code of Practice HSNOCOP 52 version
1.0 Fumigation at Northport (Marsden Point).

This code has been developed by Northport Limited and
provides a practical means to implement a buffer zone while
undertaking fumigation of ships at Marsden Point wharf.

It is a means of compliance with clause 6(4) of the controls
for methyl bromide as reassessed HRC08002 on 28 October
2010.

Pursuant to section 80(1) of the HSNO Act, this code may
be inspected on request at the Wellington office of the
Environmental Protection Authority, Level 1, BP House,
20 Customhouse Quay, Wellington.

Pursuant to section 80(1)(b) of the Act, the code can be
downloaded free of charge from the EPA website
www.epa.govt.nz
ROB FORLONG, Chief Executive, Environmental Protection
Authority.
au5884

Financial Markets Authority

Securities Markets Act 1988

The Authorised Futures Dealers (ICAP New Zealand Limited) Notice 2011

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

Notice

1. Title, commencement and expiry—(1) This notice
   is the Authorised Futures Dealers (ICAP New Zealand
   Limited) Notice 2011.

(2) This notice comes into force on 1 September 2011.

(3) This notice expires on the close of 31 August 2016.

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

Act means the Securities Markets Act 1988.

Company means ICAP New Zealand 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 a 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—(1) Subject to clause 3(2), the Company is
   authorised to carry on the business of dealing in futures
   contracts generally.

(2) The authorisation applies only to dealing in futures
contracts that consists of advising or assisting a person
in connection with the acquisition or disposal of a futures
contract.

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

(a) the Company does not hold client money or client
property in connection with dealing in futures
contracts; and

(b) the Company does not carry on the business of
dealing in futures contracts on behalf of any person
other than one who has entered into a written
contract for services with the Company, and then
only in accordance with the terms of that contract;
and

(c) the Company deals only on behalf of its wholesale
clients; and

(d) before dealing in any futures contract in respect of
which the authorisation 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) in respect of any futures contract that is made on
or effected through a recognised exchange, any
acquisition or disposal of the contract is effected
through a person who is an authorised participant or
member of the recognised exchange and who is
authorised or licensed by the laws of the country in
which it operates to deal in futures contracts on
behalf of that person and to hold client money for
that purpose; and

(f) the Company provides the Financial Markets
Authority 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

(g) the Company notifies the Financial Markets
Authority of any material matter concerning the
Company’s authorisation as a futures dealer,