1254 NEW ZEALAND GAZETTE, No. 42 11 APRIL 2013

(d) any other information reasonably required by the Financial Markets Authority in order to carry out its functions.

(6) The Company must:

(a) give to the Financial Markets Authority (or any person authorised by the Financial Markets Authority) such information, documentation, assistance, and access to the Company’s facilities in each case as requested in writing by the Financial Markets Authority; and

(b) answer any question asked by the Financial Markets Authority (or any person authorised by the Financial Markets Authority),

that is necessary or desirable to enable the Financial Markets Authority to fulfil its functions.

(7) The Company must notify the Financial Markets Authority as soon as practical if:

(a) the Company’s licence to operate a derivatives market in the Company’s place of incorporation is varied or revoked; or

(b) any statutory requirement applying to the Company as a result of, or in connection with, its operation of a derivative market is amended in a manner which materially alters an obligation or requirement imposed on the Company.

(8) To the extent permissible by law, the Company must immediately notify the Financial Markets Authority if:

(a) the Company becomes aware that the Company, or any of the Company’s directors or senior management personnel, is subject to investigation by any regulatory or law enforcement agency; or

(b) the Company, or any of the Company’s directors or senior management personnel, is subject to any adverse finding by any Court, tribunal, regulatory authority, or disciplinary committee; or

(c) the Company becomes aware that the Clearing House, or any of its directors or senior management personnel, is subject to investigation by any regulatory or law enforcement agency; or

(d) the Company becomes aware that the Clearing House, or any of its directors or senior management personnel, is subject to any adverse finding by any Court, tribunal, regulatory authority, or disciplinary committee.

(9) The Company must, within 3 months after the end of its financial year, give a report to the Financial Markets Authority on the extent to which it has complied with its obligations under clause 8 of this notice in the preceding financial year.

(10) The Company must at all times ensure the Financial Markets Authority has been given notice of the person, or persons, the Financial Markets Authority should contact in the first instance about matters it requires a response from the Company on.

8. Conditions relating to market supervision—(1) The Company must:

(a) to the extent that it is reasonably practicable, do all things necessary to ensure that the Market operates in a fair, orderly and transparent manner;

(b) have adequate arrangements for supervising the Market, including arrangements for:

(i) handling conflicts between the commercial interests of the Company and the need for the Company to ensure that the Market operates in a fair, orderly and transparent manner; and

(ii) monitoring the conduct of Members; and

(iii) enforcing compliance with the Rules; and

(iv) ensuring there is a sufficiently independent adjudicative body to adjudicate on contraventions of the Rules that are referred to it; and

(c) have sufficient resources (including financial, technological and human resources) to operate the Market properly and for the required supervisory arrangements to be provided.

9. Conditions relating to jurisdiction—The Company must submit to the non-exclusive jurisdiction of the New Zealand Courts in actions brought by the Financial Markets Authority.

Dated at Wellington this 4th day of April 2013.

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

au2056

Maritime New Zealand

Maritime Transport Act 1994

Notice of Exemption From Maritime Rules: 21.13(1)(b); 22, Appendix 1, Section 3(4); 31A.7(1)(c); 31C.9(a) and (b), Table 2; 31C.10; 40A.7; 40A.33(2)(e); 40C, Appendix 1, Section (1)(4); 40C, Appendix 3.3, Sections (3)(d) and (e); 40C.29(2)(e); 40D.11(1); 40D.11(3); 40D.12(2)(a); 47.63(2)

Pursuant to section 47(3) of the Maritime Transport Act 1994, the Director of Maritime New Zealand hereby notifies the granting of the following exemptions:

• 4 from Maritime Rule 21.13(1)(b) – Safe Ship Management Systems – Entry to and conditions to be met in order for ship to remain in Safe Ship Management System – New Zealand Safe Ship Management Certificate issued by Director

• 1 from Maritime Rule 22, Appendix 1, Section 3(4) – Collision Prevention – Positioning and technical details of lights and shapes – Horizontal positioning and spacing of lights – Masthead light prescribed for a power driven vessel must be exhibited forward of amidships except vessels of less than 20 metres in length that must exhibit it as far forward as practicable

• 1 from Maritime Rule 31A.7(1)(c) – Crewing and Watchkeeping Unlimited Offshore, and Coastal (Non-Fishing Vessels) – Minimum safe crewing – General requirements – Owner and master of a ship must not operate that ship unless there are on board at least the minimum number of crew holding the qualifications necessary for compliance with the Minimum Safe Crewing Document required by Rule 31A.8

• 1 from Maritime Rule 31C.9(a) and (b), Table 2 – Crewing and Watchkeeping Fishing Vessels – Operating Areas – Unlimited Area – Minimum required qualifications and applicable minimum crew