13 OCTOBER 2011 NEW ZEALAND GAZETTE, No. 155 4447

2.3 That one or more of the parties seeks the reconsideration of an earlier judgment of the Court is not, in itself, a reason for setting the appeal down before a Full Court.

2.4 A decision that an appeal be heard before a Full Court may be reviewed by the President from time to time (for instance for reasons associated with the availability of Judges) and the President may direct that an appeal which is scheduled to be heard before a Full Court be heard before a Permanent Court or a Divisional Court.

2.5 The permanent Judges will consult regularly to review the criteria, their implementation and the general effect of the allocation to a Full Court on the overall workload of the Court.

References in this notice to “the President” include a Judge acting as President or a Judge nominated by the President to undertake any of the functions of the President referred to in this notice.

Dated at Wellington this 7th day of October 2011.

MARK O’REGAN, President of the Court of Appeal.

Note: A Full Court will also consider references from a Permanent Court or a Divisional Court made pursuant to section 58(6) of the Act and appeals under section 10 of the Courts Martial Appeals Act 1953.

Also Note: These procedures replace those adopted on the 1st day of April 2009 and notified in the New Zealand Gazette, 9 April 2009, No. 48, page 1172.

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Public Trust

Public Trust Act 2001

The Public Trust Common Fund Interest Rates Notice 13 October 2011

The following notice is given pursuant to section 50 of the Public Trust Act 2001 (“the Act”).

Notice

1. Title and commencement—(1) This notice may be cited as the Public Trust Common Fund Interest Rates Notice 13 October 2011.

(2) Unless otherwise specified, the determinations and revocation in this notice take effect from and including 12 October 2011.

2. Interpretation—(1) Unless the context otherwise requires:

“agency deposit” means a deposit (not being an investment deposit) held as agent or attorney;

“call deposit” means a deposit (not being an agency deposit, an investment deposit, a protection deposit, a special deposit or a trust deposit) held in the ordinary course of administration, and determined by Public Trust to be held at call;

“deposit” means a sum of money held by Public Trust belonging to any estate, which money for the time being forms part of the Common Fund;

“investment deposit” means a deposit held at call or otherwise as an investment under section 51 of the Act;

“protection deposit” means a deposit, held at call, of tuition, boarding, accommodation or other fees by or on behalf of a student enrolled at a private training establishment within the meaning of Part 18 of the Education Act 1989;

“special deposit” means a deposit held other than at call on behalf of the Crown, or any local authority within the meaning of the Local Government Act 1974;

“trust deposit” means a deposit (not being an agency deposit, an investment deposit, a protection deposit or a special deposit) held on trust:

(i) for persons not of full age or capacity; or

(ii) for beneficiaries not entitled to payment at call; or

(iii) otherwise than at call.

(2) Expressions defined in the Act have the same meaning in this notice as they do in the Act.

3. Rates of Common Fund interest—(1) The rate of Common Fund interest on deposits (other than investment deposits repayable at the end of fixed term or protection deposits) shall be that specified in Schedule 1 for the appropriate type of deposits.

(2) The rate of Common Fund interest on each protection deposit associated with a particular private training establishment shall be that specified in Schedule 2 for the appropriate dollar range of the total of those deposits.

(3) The rate of Common Fund interest payable on investment deposits repayable at the end of a fixed term shall be that specified in Schedule 3 for the appropriate interest payment frequency, term and dollar range.

(4) Despite subparagraph (1), the rate of Common Fund interest payable on deposits made pursuant to an enactment shall be the rate (if any) specified in the enactment.

(5) Despite subparagraphs (1), (2) and (3), in particular cases or classes of case, Public Trust and the depositor may agree on a rate of interest payable on investment deposits, protection deposits or special deposits that is different from the rate specified in Schedules 1, 2, or 3 and the agreed rate then applies.

4. Revocation of notice and transitional provisions—

(1) The Public Trust Common Fund Interest Rates Notice 29 September 2011 is revoked.

(2) Unless otherwise specified, the rates of interest specified in Schedules 1 and 2 to this notice do not apply to any period that ends with 11 October 2011 but otherwise operate as from 12 October 2011.

(3) The rates of interest specified in Schedule 3 to this notice:

(i) do not apply to investment deposits repayable at the end of a fixed term that commenced prior to 12 October 2011; but

(ii) do apply to investment deposits repayable at the end of a fixed term that commenced on or after 12 October 2011.

Schedule 1

Rates of interest payable on deposits (other than investment deposits repayable at the end of fixed term or protection deposits)