2362 NEW ZEALAND GAZETTE, No. 88 11 JULY 2013

(a) a futures contract that is made on or effected through a recognised exchange; or

(b) a futures contract to which the Company is, or intends to be, a party.

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) The Company is authorised to carry on the business of dealing in specified futures contracts.

(2) 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 other than in accordance with the written terms and conditions applicable to that service; 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) the Company is licensed as an Australian Financial Services Licensee under the Corporations Act and holds an AFS licence that authorises it to provide advisory and intermediary services in respect of futures contracts to wholesale clients;

(f) the Company notifies FMA if its AFS Licence is varied or revoked, and notifies FMA of any regulatory action taken by ASIC in relation to its AFS Licence;

(g) the Company provides FMA 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

(h) the Company notifies FMA of any material matter concerning the Company’s authorisation as a futures dealer, including any regulatory action taken concerning the Company, whether in New Zealand or overseas.

Dated at Wellington this 7th day of July 2013.

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

au4333

Maritime New Zealand

Maritime Transport Act 1994

Notice of Exemption From Maritime Rules: 21.13(1)(b); 34.8A(1); 43.15; 40C.7, Appendix 1, Section 1.4; 40D.68(1), Appendix 3.3; 45.21(1)(a)(ii); 45, Appendix – Compass Adjustment (b)(2); 45.27(1)(a); 46.17(1)(a) and (b); 82, Appendix 1, Section 1.12(c); 82, Appendix 2, Section 2.17.1; 82, Appendix 2, Section 2.18.1(a)(iii), (b) and (d)

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:

• 2 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 34.8A(1) – Medical Standards – Medical Standards for seafarers – Eye and vision tests for the issue of a certificate of competency performed by an approved optometrist

• 1 from Maritime Rule 43.15 – Radio – Performance standards – MF/HF radio (voice communication, narrow-band direct printing and DSC) – Compliance with performance standards adopted by IMO Resolution A.613(5), and Resolution A.806(19)

• 1 from Maritime Rule 40C.7, Appendix 1, section 1.4 – Design, Construction and Equipment – Non-passenger Ships that are not SOLAS Ships – Intact stability – Tugs – Ship engaged in towing must meet requirements of clause 1.2 as well as requirements in clause 1.4