Securities Act 1978

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    advertisement has the meaning set out in section 2A

    allot includes sell, issue, assign, and convey; and allotment has a corresponding meaning

    associated persons or persons associated with each other are—

    • (c) bodies corporate that consist substantially of the same members or shareholders or that are under the control of the same persons; or

    • (d) a body corporate and a person who has the power, directly or indirectly, to exercise, or control the exercise of, the rights to vote attached to 25% or more of the voting securities of the body corporate; or

    • (e) a body corporate and a person who is a director of the body corporate

    authorised advertisement has the meaning assigned to it by section 38 or section 38AA

    bonus bond means a unit in an approved unit trust within the meaning of section 3(1) of the Finance Act (No 2) 1990

    building society has the same meaning as in section 2(1) of the Building Societies Act 1965

    chattel includes livestock and emissions units, but does not include a book debt or negotiable instrument

    civil liability event has the meaning set out in section 55B

    company means a company, or an overseas company, within the meaning of section 2(1) of the Companies Act 1993

    contributory mortgage means a mortgage of land that—

    • (a) secures money owing to 2 or more persons or to a nominee on behalf of 2 or more persons, whether or not the mortgage originally secured money owing to only 1 person; or

    • (b) has the same priority in respect of the land as another mortgage or mortgages of that land;—

    and, for the purposes of this definition, money owing to not more than 5 persons as joint tenants shall be deemed to be owed to 1 person

    contributory mortgage broker means a person (not being a mortgagor under the mortgage or any other person to whom or for whose benefit any money is lent in consideration for the mortgage given by the mortgagor) who—

    • (a) offers an interest in a contributory mortgage to the public for subscription; or

    • (b) manages interests in a contributory mortgage, being interests that have been offered to the public for subscription, whether or not that person holds beneficially any interest in that mortgage

    contributory scheme means any scheme or arrangement that, in substance and irrespective of the form thereof, involves the investment of money in such circumstances that—

    • (a) the investor acquires or may acquire an interest in or right in respect of property; and

    • (b) pursuant to the terms of investment that interest or right will or may be used or exercised in conjunction with any other interest in or right in respect of property acquired in like circumstances, whether at the same time or not;—

    but does not include such a scheme or arrangement if the number of investors therein does not exceed 5, and neither a manager of the scheme nor any associated person is a manager of any other such scheme or arrangement

    convertible note has the same meaning as in section YA 1 of the Income Tax Act 2007

    co-operative company means—

    • (b) a company registered as a co-operative dairy company under the Co-operative Dairy Companies Act 1949 or Part 3 of the Co-operative Companies Act 1996; or

    • (c) a company registered as a co-operative freezing company under the Co-operative Freezing Companies Act 1960; or

    • (d) a company registered as a co-operative forestry company under the Co-operative Forestry Companies Act 1978

    court means, in relation to any matter, the court before which the matter is to be determined

    the Crown includes a government department

    date of a prospectus means the date specified on a prospectus pursuant to section 39(1)(a)

    date of a registered prospectus means the date specified on a registered prospectus pursuant to section 39(1)(a)

    date of a statement of financial position or date of an interim statement of financial position means the date as at which the statement of affairs contained in the statement of financial position or interim statement of financial position has been drawn up

    debt security means any interest in or right to be paid money that is, or is to be, deposited with, lent to, or otherwise owing by, any person (whether or not the interest or right is secured by a charge over any property); and includes—

    • (a) a debenture, debenture stock, bond, note, certificate of deposit, and convertible note; and

    • (b) an interest or right that is declared by regulations to be a debt security for the purposes of this Act; and

    • (c) a renewal or variation of the terms or conditions of any such interest or right or of a security referred to in paragraph (a) or paragraph (b);—

    but does not include—

    • (d) an interest in a contributory mortgage where the interest is offered by a contributory mortgage broker; or

    • (e) any such interest or right or a security referred to in paragraph (a) or paragraph (c) that is declared by regulations not to be a debt security for the purposes of this Act

    delayed allotment order means an order made by the FMA under section 44A(2) or (3) that delays the date of allotment of a security that is offered in a simplified disclosure prospectus

    director means—

    • (a) in relation to a company, any person occupying the position of a director of the company by whatever name called:

    • (b) in relation to a partnership (other than a special partnership or limited partnership), any partner:

    • (c) in relation to a special partnership or limited partnership, any general partner:

    • (d) in relation to a body corporate or unincorporate, other than a company, partnership, or special partnership or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company:

    • (e) in relation to any other person, that person

    disclosure obligation means—

    • (a) the requirements of the continuous disclosure provisions as defined in section 19D of the Securities Markets Act 1988; and

    • (b) any obligation that—

      • (i) requires ongoing disclosure of information to the public or to a person who has a role in monitoring the person who disclosed the information; and

      • (ii) is imposed by an enactment; and

      • (iii) is specified in the regulations

    distribute includes—

    • (a) make available, publish, and circulate; and

    • (b) communicate by letter, newspaper, broadcasting, sound recording, television, cinematographic film, video, or any form of electronic or other means of communication

    document means any record of information; and includes—

    • (a) anything on which there is writing or any image; and

    • (b) information recorded by means of any article or device (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device; and

    • (c) material subsequently derived from information recorded by that means

    emissions units means—

    • (a) units as defined in section 4(1) of the Climate Change Response Act 2002; and

    • (b) personal property that—

      • (i) is created by, or in accordance with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol as—

        • (A) one of a fixed number of units issued by reference to a specified amount of greenhouse gas; or

        • (B) evidence of a specified amount of reductions, removals, avoidance, storage, sequestration, or any other form of mitigation of greenhouse gas emissions; and

      • (ii) can be surrendered, retired, cancelled, or otherwise used to—

        • (A) offset greenhouse gas emissions under, or otherwise comply with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol; or

        • (B) enable a person who surrenders, retires, cancels, or otherwise uses it to claim an environmental benefit

    equity security means any interest in or right to a share in, or in the share capital of, a company; and includes—

    • (a) a preference share, and company stock; and

    • (b) a security that is declared by regulations to be an equity security for the purposes of this Act; and

    • (c) a renewal or variation of the terms or conditions of any such interest or right or a security referred to in paragraph (a) or paragraph (b);—

    but does not include any such interest or right or a security referred to in paragraph (a) or paragraph (c) that is declared by regulations not to be an equity security for the purposes of this Act

    expert means any person who holds himself or herself out to be of a profession or calling that gives authority to a statement made by him or her; but does not include a person acting in his or her capacity as an auditor or as a director or officer of a body

    FMA means the Financial Markets Authority established under Part 2 of the Financial Markets Authority Act 2011

    government department includes—

    • (a) the Māori Trustee; and

    • (b) Public Trust, but in relation only to money constituted in the common fund of Public Trust that is entitled to the protection against deficiency afforded by section 52 of the Public Trust Act 2001

    greenhouse gas has the meaning set out in section 31 of the Climate Change Response Act 2002

    interest in a superannuation scheme means an interest or right to participate in any capital, assets, earnings, or other property of a superannuation scheme; and includes—

    • (a) any interest or right that is declared by regulations to be an interest in a superannuation scheme for the purposes of this Act; and

    • (b) any renewal or variation of the terms or conditions of any such interest or right or a security referred to in paragraph (a);—

    but does not include any such interest or right, or a security referred to in paragraph (b), that is declared by regulations not to be an interest in a superannuation scheme for the purposes of this Act

    investment statement has the meaning set out in section 38C

    issuer means,—

    • (a) in relation to an equity security or a debt security, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to an equity security or a debt security, or to a trust deed that relates to a debt security, the person on whose behalf any money paid in consideration of the allotment of the security is received:

    • (b) in relation to a participatory security, or to an advertisement, investment statement, prospectus, or registered prospectus, or to a deed of participation that relates to a participatory security, the manager:

    • (c) in relation to an interest in a contributory mortgage offered by a contributory mortgage broker, or to an advertisement that relates to such an interest, the contributory mortgage broker:

    • (d) in relation to a unit in a unit trust, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such a unit, the manager:

    • (e) in relation to a life insurance policy, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to a life insurance policy, the life insurance company that is liable under the policy:

    • (f) in relation to an interest in a superannuation scheme (including a restricted KiwiSaver scheme but not any other KiwiSaver scheme), or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such an interest, the superannuation trustee of the scheme:

    • (g) in relation to an interest in a KiwiSaver scheme other than a restricted KiwiSaver scheme, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such an interest, the manager of the scheme

    KiwiSaver scheme has the same meaning as in section 4(1) of the KiwiSaver Act 2006

    KiwiSaver trustee means a person who is designated or appointed as trustee of a KiwiSaver scheme other than a restricted scheme, or the successor of that person

    life insurance company means any person or association of persons, whether incorporated or unincorporated, which, in the course of business issues, or is liable under, life insurance policies

    life insurance policy means a policy of life or endowment insurance, or a policy securing an annuity; and includes—

    • (a) a policy of insurance that is declared by regulations to be a life insurance policy for the purposes of this Act; and

    • (b) a renewal or variation of the terms or conditions of any such policy or a security referred to in paragraph (a);—

    but does not include any such policy, or a security referred to in paragraph (b), or a term life insurance policy (within the meaning of regulations) that is declared by regulations not to be a life insurance policy for the purposes of this Act

    local authority has the meaning set out in section 5(1) of the Local Government Act 2002

    manager,—

    • (a) in relation to a participatory security,—

      • (i) means a person—

        • (A) on whose behalf any money paid in consideration of the allotment of the security is received; or

        • (B) with a substantial obligation to security holders to act in the continuing administration or management of the scheme to which the security relates; or

        • (C) to whom both subsubparagraphs (A) and (B) apply; but

      • (ii) does not include a person who is a participatory security trustee in relation to the security if the person acts in the continuing administration or management of the scheme to which the security relates solely in the person's capacity as a participatory security trustee; and

    • (b) in relation to a unit in a unit trust, has the same meaning as in section 2(1) of the Unit Trusts Act 1960:

    • (c) in relation to an interest in a KiwiSaver scheme other than a restricted KiwiSaver scheme, has the same meaning as in section 4(1) of the KiwiSaver Act 2006

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    money includes money's worth

    offer includes an invitation, and any proposal or invitation to make an offer; and to offer has a corresponding meaning

    offered in a simplified disclosure prospectus means an offer of securities to the public for subscription that is made—

    • (a) by or on behalf of an issuer; and

    • (b) in, or accompanied by, a simplified disclosure prospectus

    participatory security means any security other than—

    • (a) an equity security; or

    • (b) a debt security; or

    • (c) a unit in a unit trust; or

    • (d) an interest in a superannuation scheme; or

    • (e) a life insurance policy

    participatory security trustee means a person appointed as a trustee in respect of participatory securities

    person includes a corporation sole, a company or other body corporate (whether incorporated in New Zealand or elsewhere), an unincorporated body of persons, a public body, and a government department

    portfolio investment entity means a portfolio investment entity within the meaning of the Income Tax Act 2004

    portfolio investment interest means a portfolio investment interest within the meaning of the Income Tax Act 2004

    prescribed means prescribed by regulations made under the authority of this Act

    principal officer, in relation to a body corporate or other body, means—

    • (a) a director of the body; or

    • (b) a person in accordance with whose directions or instructions any or all of the directors of the body are accustomed to act; or

    • (c) in relation to any particular requirement of this Act, any person whose function it is, or who has undertaken, to ensure that that requirement is complied with by the body:

    provided that for the purposes of this Act, a person shall not be regarded as a person in accordance with whose directions or instructions any or all of the directors of a body are accustomed to act by reason only that the directors act on advice given by him or her solely in a professional capacity

    prohibition order means an order made by the FMA under section 44AE(1) that prohibits a person from using a simplified disclosure prospectus

    promoter, in relation to securities offered to the public for subscription,—

    • (a) means a person who is instrumental in the formulation of a plan or programme pursuant to which the securities are offered to the public; and

    • (b) where a body corporate is a promoter, includes every person who is a director thereof; but

    • (c) does not include a director or officer of the issuer of the securities or a person acting solely in his or her professional capacity

    prospective investor, in relation to a security, means any person who, under the terms of issue of the security, is eligible to subscribe for the security

    prospectus means a document that contains an offer of securities to the public for subscription, and that is intended to be, or has been, delivered to the Registrar for registration under section 42

    qualified auditor has the meaning given to it by section 2C

    receive, in relation to a document, information, or other matter, includes receive by any form of electronic or other means of communication in a manner that enables the recipient to readily store the document, information, or other matter in a permanent form and, with or without the aid of any equipment, to retrieve and read it

    registered bank has the same meaning as in section 2(1) of the Reserve Bank of New Zealand Act 1989

    registered prospectus means,—

    • (a) except if paragraph (b) applies,—

      • (i) a prospectus that has been registered under section 42 and the registration of which has not been cancelled under section 43G(2)(b); or

      • (ii) a document that, except in the matters specified in section 41(1), is identical to such a prospectus:

    • (b) if an instrument that amends a prospectus of the kind specified in paragraph (a)(i) has been registered under section 43, and the registration of that prospectus as so amended has not been cancelled under section 43G(2)(b),—

      • (i) that prospectus as so amended; or

      • (ii) a document that, except for the matters specified in section 41(1), is identical to that prospectus as so amended

    Registrar means the Registrar of Financial Service Providers under the Financial Service Providers (Registration and Dispute Resolution) Act 2008

    regulations means regulations made under section 70

    relative has the same meaning as in the Income Tax Act 2007

    restricted KiwiSaver scheme and restricted scheme have the same meaning as in section 4(1) of the KiwiSaver Act 2006

    scheme means,—

    • (a) in relation to a participatory security, the arrangement or scheme to which the security relates; and

    • (b) in relation to an interest in a superannuation scheme, that superannuation scheme; and

    • (c) in relation to a unit in a unit trust, that unit trust

    security has the meaning set out in section 2D

    security holder, in relation to a security offered to the public, means—

    • (a) in the case of a bearer security or a security to which section 51 does not apply, the holder of that security; or

    • (b) in the case of any other security, the person who is registered as the holder of the security in a register kept pursuant to section 51

    send, in relation to a document, information, or other matter, includes send by electronic or other means that enables the recipient to readily store the matter in a permanent and legible form

    simplified disclosure prospectus means a registered prospectus that may be used only if—

    • (a) the issuer is subject to a disclosure obligation; and

    • (b) the regulations provide for the use of a simplified disclosure prospectus by a person who is subject to that type of disclosure obligation

    statutory supervisor means a person appointed as a statutory supervisor in respect of participatory securities for the purposes of, and in accordance with, this Act

    subscribe includes purchase and contribute to, whether by way of cash or otherwise; and subscription and subscriber have corresponding meanings

    superannuation scheme means a registered superannuation scheme within the meaning of section 2(1) of the Superannuation Schemes Act 1989

    superannuation trustee has the same meaning as the term trustees has in the Superannuation Schemes Act 1989

    trust deed means a trust deed required by section 33(2)(a)

    trustee means a person appointed as a trustee in respect of debt securities for the purposes of, and in accordance with, this Act

    trustee corporation means Public Trust or the Māori Trustee or any corporation authorised by any Act of the Parliament of New Zealand to administer the estates of deceased persons and other trust estates

    unit means an interest or right to participate in any capital, assets, earnings, or other property of a unit trust; and includes—

    • (a) any interest or right that is declared by regulations to be a unit for the purposes of this Act; and

    • (b) any renewal or variation of the terms or conditions of any such interest or right;—

    but does not include any such interest or right or a security referred to in paragraph (b) that is declared by regulations not to be a unit for the purposes of this Act

    unit trust has the same meaning as in section 2(1) of the Unit Trusts Act 1960

    unit trustee has the same meaning as the term trustee has in section 2(1) of the Unit Trusts Act 1960

    working day means a day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, and Waitangi Day; and

    • (b) a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and

    • (c) if 1 January in any year falls on a Friday, the following Monday; and

    • (d) if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday

    writing includes—

    • (a) the recording of words in a permanent and legible form; and

    • (b) the display of words by any form of electronic or other means of communication in a manner that enables the words to be readily stored in a permanent form and, with or without the aid of any equipment, to be retrieved and read;—

    and written has a corresponding meaning.

    (2) [Repealed]

    Section 2(1) advertisement: substituted, on 1 October 1997, by section 3(1) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) approved superannuation scheme: repealed, on 22 March 1989, by section 31 of the Superannuation Schemes Act 1989 (1989 No 10).

    Section 2(1) associated persons or persons associated with each other: substituted, on 1 October 1997, by section 3(2) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) associated persons or persons associated with each other paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 2(1) authorised advertisement: amended, on 1 October 1997, by section 3(3) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) authorised life insurance company: repealed, on 1 October 1997, by section 3(4) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) bonus bond: inserted, on 1 October 1997, by section 3(5) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) books and papers or books or papers: repealed, on 1 October 1997, by section 3(4) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) chattel: substituted, on 15 April 2004, by section 3(1) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) chattel: amended, on 24 November 2009, by section 4(1) of the Securities Amendment Act 2009 (2009 No 56).

    Section 2(1) civil liability event: inserted, on 25 October 2006, by section 6(2) of the Securities Amendment Act 2006 (2006 No 46).

    Section 2(1) Commission: repealed, on 1 May 2011, by section 5(1) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) company: substituted, on 15 April 2004, by section 3(2) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) contributory mortgage broker: inserted, on 16 December 1982, by section 2(2) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) convertible note: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 2(1) co-operative company paragraph (a): substituted, on 1 September 1996, by section 51 of the Co-operative Companies Act 1996 (1996 No 24).

    Section 2(1) co-operative company paragraph (b): substituted, on 1 September 1996, by section 51 of the Co-operative Companies Act 1996 (1996 No 24).

    Section 2(1) co-operative company paragraph (c): substituted, on 16 December 1982, by section 2(3) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) co-operative company paragraph (d): added, on 16 December 1982, by section 2(3) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) court: substituted, on 1 December 2002, by section 3(1) of the Securities Amendment Act 2002 (2002 No 43).

    Section 2(1) date of a balance sheet or date of an interim balance sheet: repealed, on 1 October 1997, by section 2 of the Securities Amendment Act 1997 (1997 No 16).

    Section 2(1) date of a prospectus: amended, on 15 April 2004, by section 3(4) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) date of a registered prospectus: inserted, on 16 December 1982, by section 2(5) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) date of a registered prospectus: amended, on 15 April 2004, by section 3(4) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) date of a statement of financial position or date of an interim statement of financial position: inserted, on 1 October 1997, by section 2 of the Securities Amendment Act 1997 (1997 No 16).

    Section 2(1) debt security: substituted, on 1 October 1997, by section 3(6) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) delayed allotment order: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).

    Section 2(1) delayed allotment order: amended, on 1 May 2011, by section 84(3) of the Financial Markets Authority Act 2011 (2011 No 5).

    Section 2(1) director: substituted, on 16 December 1982, by section 2(7) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) director paragraph (b): amended, on 2 May 2008, by section 121(3) of the Limited Partnerships Act 2008 (2008 No 1).

    Section 2(1) director paragraph (c): amended, on 2 May 2008, by section 121(3) of the Limited Partnerships Act 2008 (2008 No 1).

    Section 2(1) director paragraph (d): amended, on 2 May 2008, by section 121(3) of the Limited Partnerships Act 2008 (2008 No 1).

    Section 2(1) disclosure obligation: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).

    Section 2(1) distribute: substituted, on 1 October 1997, by section 3(7) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) document: substituted, on 1 December 2002, by section 3(2) of the Securities Amendment Act 2002 (2002 No 43).

    Section 2(1) emissions units: inserted, on 24 November 2009, by section 4(2) of the Securities Amendment Act 2009 (2009 No 56).

    Section 2(1) equity security: substituted, on 1 October 1997, by section 3(8) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) expert: amended, on 15 April 2004, by section 3(5) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) expert: amended, on 3 May 2001, by section 5(d) of the Securities Amendment Act 2001 (2001 No 25).

    Section 2(1) expert: amended, on 3 May 2001, by section 5(e) of the Securities Amendment Act 2001 (2001 No 25).

    Section 2(1) expert: amended, on 3 May 2001, by section 5(f) of the Securities Amendment Act 2001 (2001 No 25).

    Section 2(1) FMA: inserted, on 1 May 2011, by section 5(2) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) government department: substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 2(1) government department paragraph (a): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

    Section 2(1) greenhouse gas: inserted, on 24 November 2009, by section 4(2) of the Securities Amendment Act 2009 (2009 No 56).

    Section 2(1) interest in a superannuation scheme: inserted, on 1 October 1997, by section 3(9) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) investment statement: inserted, on 1 October 1997, by section 3(9) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) issuer: substituted, on 1 October 1997, by section 3(10) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) issuer paragraph (f): amended, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) issuer paragraph (g): added, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) KiwiSaver scheme: inserted, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) KiwiSaver trustee: inserted, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) labour share: repealed, on 15 April 2004, by section 3(6) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) life insurance company: inserted, on 1 July 1989, by section 42(2) of the Securities Markets Act 1988 (1988 No 234).

    Section 2(1) life insurance policy: substituted, on 1 October 1997, by section 3(11) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) local authority: substituted, on 9 April 2008, by section 4 of the Securities (Local Authority Exemption) Amendment Act 2008 (2008 No 23).

    Section 2(1) manager: substituted, on 1 October 1997, by section 3(12) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) manager paragraph (a): substituted, on 15 April 2004, by section 3(7) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) manager paragraph (c): added, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) Minister: substituted, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 2(1) offered in a simplified disclosure prospectus: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).

    Section 2(1) overseas regulator: repealed, on 1 May 2011, by section 5(1) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) participatory security: substituted, on 1 October 1997, by section 3(13) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) participatory security trustee: inserted, on 15 April 2004, by section 3(8) of the Securities Amendment Act 2004 (2004 No 31).

    Section 2(1) portfolio investment entity: inserted, on 1 October 2007, by section 232 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).

    Section 2(1) portfolio investment interest: inserted, on 1 October 2007, by section 232 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).

    Section 2(1) principal officer proviso: amended, on 3 May 2001, by section 5(e) of the Securities Amendment Act 2001 (2001 No 25).

    Section 2(1) prohibition order: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).

    Section 2(1) prohibition order: amended, on 1 May 2011, by section 84(3) of the Financial Markets Authority Act 2011 (2011 No 5).

    Section 2(1) promoter: substituted, on 16 December 1982, by section 2(9) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) promoter paragraph (c): amended, on 3 May 2001, by section 5(d) of the Securities Amendment Act 2001 (2001 No 25).

    Section 2(1) prospective investor: inserted, on 1 October 1997, by section 3(14) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) prospectus: substituted, on 16 December 1982, by section 2(10) of the Securities Amendment Act 1982 (1982 No 147).

    Section 2(1) qualified auditor: substituted, on 1 October 1997, by section 3(15) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) receive: inserted, on 1 October 1997, by section 3(15) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) registered bank: inserted, on 24 March 1995, by section 13(2) of the Reserve Bank of New Zealand Amendment Act 1995 (1995 No 5).

    Section 2(1) registered prospectus: substituted, on 1 May 2011, by section 5(2) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) Registrar: substituted, on 1 May 2011, by section 5(2) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) regulations: inserted, on 1 October 1997, by section 3(16) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) relative: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 2(1) restricted KiwiSaver scheme and restricted scheme: inserted, on 1 May 2011, by section 56 of the KiwiSaver Amendment Act 2011 (2011 No 8).

    Section 2(1) scheme: inserted, on 1 October 1997, by section 3(17) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) security: substituted, on 1 October 1997, by section 3(18) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) send: inserted, on 1 October 1997, by section 3(19) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) simplified disclosure prospectus: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).

    Section 2(1) superannuation scheme: inserted, on 1 October 1997, by section 3(20) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) superannuation trustee: inserted, on 1 October 1997, by section 3(20) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) Takeovers Panel: repealed, on 1 May 2011, by section 5(1) of the Securities Amendment Act 2011 (2011 No 6).

    Section 2(1) trust deed: inserted, on 1 October 1997, by section 3(20) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) trustee corporation: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

    Section 2(1) trustee corporation: amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 2(1) trustee corporation: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

    Section 2(1) unit: added, on 1 October 1997, by section 3(21) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) unit trust: added, on 1 October 1997, by section 3(21) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) unit trustee: added, on 1 October 1997, by section 3(21) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) working day: added, on 1 October 1997, by section 3(21) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(1) writing: added, on 1 October 1997, by section 3(21) of the Securities Amendment Act 1996 (1996 No 100).

    Section 2(2): repealed, on 1 October 1997, by section 3(22) of the Securities Amendment Act 1996 (1996 No 100).