NEW ZEALAND GAZETTE, No. 193

15 DECEMBER 2011

Electricity Authority

Electricity Industry Act 2010

Notice of Adoption of Replacement Emergency Management Policy

1. Pursuant to clause 5(c) of Schedule 1 of the Electricity Industry Act 2010 ("Act"), I give notice that the Electricity Authority ("Authority") adopts a replacement Emergency Management Policy for the purposes of clause 7.5 of the Electricity Industry Participation Code 2010 ("Code").

2. The adoption of the Emergency Management Policy has effect from 19 December 2011.

3. The Emergency Management Policy is a document incorporated by reference into the Code as having legal effect in accordance with section 32 of the Act.

4. A copy of the Emergency Management Policy and the Code is available on the Authority’s website:

   www.ea.govt.nz/act-code-regs/code-regs/the-code/

5. A copy of the Emergency Management Policy and the Code may also be inspected free of charge or purchased from the Electricity Authority, Level 7, ASB Bank Tower, 2 Hunter Street, Wellington.

   Dated at Wellington this 10th day of December 2011.

   DR THOMAS BRENT LAYTON, Chairperson, Electricity Authority.

   au8647

Financial Markets Authority

Securities Markets Act 1988

The Authorised Futures Dealers (Intercontinental Financial Services Corporation 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 (Intercontinental Financial Services Corporation Limited) Notice 2011.

   (2) This notice comes into force on the day after its notification in the New Zealand Gazette.

   (3) This notice expires on the close of 30 November 2013.

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

   Act means the Securities Markets Act 1988.

   advertisement has the meaning given to it in section 2A of the Securities Act 1978, except that every reference to securities should be read as a reference to specified futures contracts, and every reference to the issuer should be read as a reference to the Company.

   adviser means a director, employee or agent of the Company who provides, or may provide, futures adviser services to a client.

   approved counterparty means

   • (a) a registered bank;
   • (b) an overseas bank;
   • (c) a company which is an authorised deposit-taking institution under the Banking Act 1959 (Commonwealth of Australia);
   • (d) a company which is a futures commission merchant registered under the Commodity Exchange Act (United States of America);
   • (e) a company which is registered as a BIPRU 730k firm or a BIPRU 150k firm with the United Kingdom Financial Services Authority; or
   • (f) a company which is registered with the Monetary Authority of Singapore and fulfils all the criteria under the Securities and Futures Act (Republic of Singapore).

   auditor means the qualified auditor who has been appointed by the Company and entered into agreed upon procedures with the Company in accordance with clause 6(1) and (2) of this notice.

   Company means Intercontinental Financial Services Corporation Limited.

   disclosure document means a written document that describes and contains the offer of, and relates specifically to, a particular class, or particular classes, of specified futures contracts.

   futures adviser service means a service provided by or on behalf of the Company in relation to a specified futures contract that would, but for section 14(1)(n) of the Financial Advisers Act 2008, constitute financial advice or a discretionary investment management service under that Act.

   offence of dishonesty means:

   • (a) an offence described in any of sections 104, 105B, 108 to 117, and 217 to 266 of the Crimes Act 1961;
   • (b) an offence described in any of sections 15 to 20 of the Summary Offences Act 1981; and
   • (c) an offence under the laws of another jurisdiction which is equivalent to an offence referred to in paragraph (a) or (b).

   personalised futures adviser service means a futures adviser service that would, but for section 14(1)(n) of the Financial Advisers Act 2008, constitute a personalised service under that Act.