4178 NEW ZEALAND GAZETTE, No. 142 29 NOVEMBER 2012

(5) The Company must:

(a) calculate, in respect of 5.00pm (New York time) on each business day, by 4.00pm (NZ time) on the business day after the date in respect of which the calculation is made, its surplus liquid funds in accordance with clause 5 to ensure that the Company complies with clause 5(2);

(b) report to both the Financial Markets Authority and the auditor on the business day following the day in respect of which the calculation is made if the calculation performed in clause 6(5)(a) does not comply with clause 5(2) including an explanation of the cause of the breach and the remedial action planned;

(c) maintain a log of the calculations required under this condition and produce it to the auditor or the Financial Markets Authority upon request; and

(d) provide a copy of the log of these daily calculations to the auditor as part of the Company’s monthly report.

(6) If the directors are unable to certify that, after due inquiry, they are satisfied that each statement contained in 6(4) is true, the directors of the Company must prepare a memorandum to explain the circumstances which prevent the directors providing that certification, and that memorandum should contain or attach all information and documents which are necessary to fully explain those circumstances.

(7) The Company must prepare management accounts every two months.

(8) The Company must prepare prospective financial statements, which will be supplied to the auditor on a semi-annual basis, that:

(a) contain a forecast of cash flows over at least the next six months based on the reasonable expectations of the board of the Company as to what is likely to happen over this period;

(b) contain forecast statements of financial position as at the end of each of the next six months based on the reasonable expectations of the board of the Company as to what is likely to happen over this period;

(c) document the Company’s calculations and assumptions, and explain why the assumptions are appropriate;

(d) provide reasons when the forecast of cash flows shows a total net cash outflow in any month; and

(e) are signed by all directors of the Company, certifying that the forecasts are not known by the directors to be false and misleading.

Dated at Wellington this 28th day of November 2012.

ELAINE CAMPBELL, Head of Compliance Monitoring, Financial Markets Authority.

au7815

Maritime New Zealand

Maritime Transport Act 1994

Notification of Proposed Maritime Rules

Comments are invited on the following proposed maritime rules developed under the Maritime Transport Act 1994:

• Part 20: Operating limits
• Part 31: Crewing and watchkeeping
• Part 32: Seafarer certification
• Part 35: Amendment 2013

The consultation document and online submission form can be found at

www.maritimenz.govt.nz/consultation

Submissions, either online, email, or by post, must be made by 25 January 2013.

Postal submissions must be addressed to Rules Coordinator.

Copies of the consultation document are available free of charge from Maritime New Zealand, Level 10, Optimation House, 1 Grey Street, Wellington, or by contacting the Rules Coordinator at

rules.coordinator@maritimenz.govt.nz

or telephone (04) 494 1273 or by facsimile (04) 494 8901, or by writing to PO Box 27006, Wellington 6141.

Copies are also available on the Maritime NZ website at

www.maritimenz.govt.nz/consultation

JOHN WHITE, Manager Policy and Regulatory, Maritime New Zealand.

au7769

Tertiary Education Commission

Industry Training Act 1992

Notice of Cancellation of Coverage for the Forest Industry Training and Education Council (FITEC) for the Credit Management and Control Industry

Pursuant to section 9(3) of the Industry Training Act 1992, the recognition of the Forest Industry Training and Education Council (FITEC) for coverage of the credit management and control industry has been cancelled, effective from 1 December 2012.

Dated at Wellington this 14th day of November 2012.

HON STEVEN JOYCE, Minister for Tertiary Education, Skills and Employment.

au7822

Notice of Cancellation of Recognition for Opportunity – The Training Organisation (OTTO)

Pursuant to section 9(3) of the Industry Training Act 1992, the provisional recognition of Opportunity – The Training Organisation (OTTO) has been cancelled, effective from 1 December 2012.

Dated at Wellington this 14th day of November 2012.

HON STEVEN JOYCE, Minister for Tertiary Education, Skills and Employment.

au7817

Notice of Recognition for The Skills Organisation Incorporated

Pursuant to section 5 of the Industry Training Act 1992, full recognition is given to The Skills Organisation Incorporated for a period of five years with effect from 1 December 2012.