New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
Advertisement has the meaning set out in section 2A of this Act
Advertisement: this definition was inserted, as from 16 December 1982, by section 2(1) Securities Amendment Act 1982 (1982 No 147).
Advertisement: this definition was amended, as from 24 March 1995, by section 13(1) Reserve Bank of New Zealand Amendment Act 1995 (1995 No 5) by inserting the words “, or a disclosure statement published by a registered bank in accordance with section 81 of the Reserve Bank of New Zealand Act 1989”
.
Advertisement: this definition was substituted, as from 1 October 1997, by section 3(1) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Allot includes sell, issue, assign, and convey; and allotment has a corresponding meaning
Approved superannuation scheme
[Repealed]
Approved superannuation scheme: this definition was repealed, as from 22 March 1989, by section 31 Superannuation Schemes Act 1989 (1989 No 10).
Associated persons or persons associated with each other are—
(a) Persons who are relatives within the meaning of the Income Tax Act 2007; or
(b) Persons who are partners to whom the Partnership Act 1908 applies; or
(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 percent 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 of this Act
Authorised advertisement: this definition was amended, as from 1 October 1997, by section 3(3) Securities Amendment Act 1996 (1996 No 100), by inserting the words “or section 38AA”
. See section 2 of that Act for transitional provisions relating to its application.
Authorised life insurance company
[Repealed]
Authorised life insurance company: this definition was inserted, as from 1 July 1989, by section 42(1) Securities Amendment Act 1988 (1988 No 234).
Authorised life insurance company: this definition was repealed, as from 1 October 1997, by section 3(4) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Bonus bond means a unit in an approved unit trust within the meaning of section 3(1) of the Finance Act (No 2) 1990
Bonus bond: this definition was inserted, as from 1 October 1997, by section 3(5) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Books and papers
[Repealed]
Books and papers or books or papers: this definition was repealed, as from 1 October 1997, by section 3(4) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Building society has the same meaning as in section 2(1) of the Building Societies Act 1965
chattel includes livestock, but does not include a book debt or negotiable instrument
chattel: this definition was substituted, as from 15 April 2004, by section 3(1) Securities Amendment Act 2004 (2004 No 31).
civil liability event has the meaning set out in section 55B
civil liability event: this definition was inserted, as from 25 October 2006, by section 6(2) Securities Amendment Act 2006 (2006 No 46). See section 23 of that Act as to the transitional validation for small employer superannuation schemes. See section 24 of that Act as to the transitional provision for existing offences and contraventions.
Commission—
(a) means the Securities Commission established under Part 1; or
(b) for the purposes of determining any matter or class of matter specified in a determination under section 14B, means the division of the Commission specified in the determination in accordance with section 14D(1)(a).
Commission: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
company means a company, or an overseas company, within the meaning of section 2(1) of the Companies Act 1993
Company: this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
company: this definition was substituted, as from 15 April 2004, by section 3(2) Securities Amendment Act 2004 (2004 No 31).
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 one 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 one 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 mortgage broker: this definition was inserted, as from 16 December 1982, by section 2(2) Securities Amendment Act 1982 (1982 No 147).
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—
(a) A company registered as a co-operative company under the Co-operative Companies Act 1956 or the Co-operative Companies Act 1996; or
(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:
Co-operative company: paragraph (a) was substituted, as from 1 September 1996, by section 51 Co-operative Companies Act 1996 (1996 No 24). See clause 2 Co-operative Companies Act Commencement Order 1996 (SR 1996/211).
Co-operative company: paragraph (b) was substituted, as from 1 September 1996, by section 51 Co-operative Companies Act 1996 (1996 No 24). See clause 2 Co-operative Companies Act Commencement Order 1996 (SR 1996/211).
Co-operative company: paragraph (c) was substituted, and paragraph (d) was inserted, as from 16 December 1982, by section 2(3) Securities Amendment Act 1982 (1982 No 147).
Court means, in relation to any matter, the Court before which the matter is to be determined.
Court: this definition was amended, as from 1 April 1980, by to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting “High Court”
for “Supreme Court”
.
Court: this definition was substituted, as from 1 December 2002, by section 3(1) Securities Amendment Act 2002 (2002 No 43).
The Crown includes a Government department
Date of a balance sheet or date of an interim balance sheet
[Repealed]
Date of a balance sheet or date of an interim balance sheet: this definition was inserted, as from 16 December 1982, by section 2(4) Securities Amendment Act 1982 (1982 No 147).
Date of a balance sheet or date of an interim balance sheet: this definition was repealed, as from 1 October 1997, by section 2 Securities Amendment Act 1997 (1997 No 16).
Date of a prospectus means the date specified on a prospectus pursuant to section 39(1)(a)
Date of a prospectus: this definition was amended, as from 15 April 2004, by section 3(4) Securities Amendment Act 2004 (2004 No 31) by substituting the expression “section 39(1)(a)”
for the words “section 39(a) of this Act”
.
Date of a registered prospectus means the date specified on a registered prospectus pursuant to section 39(1)(a)
Date of a registered prospectus: this definition was inserted, as from 16 December 1982, by section 2(5) Securities Amendment Act 1982 (1982 No 147).
Date of a registered prospectus: this definition was amended, as from 15 April 2004, by section 3(4) Securities Amendment Act 2004 (2004 No 31) by substituting the expression “section 39(1)(a)”
for the words “section 39(a) of this Act”
.
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
Date of a statement of financial position or date of an interim statement of financial position: this definition was inserted, as from 1 October 1997, by section 2 Securities Amendment Act 1997 (1997 No 16).
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) of this definition;—
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) of this definition that is declared by regulations not to be a debt security for the purposes of this Act:
Debt security: the original definition was amended, as from 16 December 1982, by section 2(6) Securities Amendment Act 1982 (1982 No 147) by inserting the words “where the interest is offered by a contributory mortgage broker”
.
Debt security: this definition was substituted, as from 1 October 1997, by section 3(6) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
delayed allotment order means an order made by the Commission 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:
Distribute: this definition was substituted, as from 1 October 1997, by section 3(7) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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.
Document: this definition was inserted, as from 1 October 1997, by section 3(7) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Document: this definition was substituted, as from 1 December 2002, by section 3(2) Securities Amendment Act 2002 (2002 No 43).
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) of this definition;—
but does not include any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition that is declared by regulations not to be an equity security for the purposes of this Act
Equity security: this definition was substituted, as from 1 October 1997, by section 3(8) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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
Expert: this definition was amended, as from 3 May 2001, pursuant to section 5(f) Securities Amendment Act 2001 (2001 No 25) by inserting after the word “himself”
the words “or herself”
.
Expert: this definition was amended, as from 3 May 2001, pursuant to section 5(e) Securities Amendment Act 2001 (2001 No 25) by inserting after the word “him”
the words “or her”
.
Expert: this definition was amended, as from 3 May 2001, pursuant to section 5(d) Securities Amendment Act 2001 (2001 No 25) by inserting after the word “his”
the words “or her”
.
Expert: this definition was amended, as from 15 April 2004, by section 3(5) Securities Amendment Act 2004 (2004 No 31) by omitting the words “and includes an accountant, engineer, valuer, quantity surveyor, and geologist;”
.
Government department includes—
(a) the Maori 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.
Government department: this definition was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
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) of this definition;—
but does not include any such interest or right, or a security referred to in paragraph (b) of this definition, that is declared by regulations not to be an interest in a superannuation scheme for the purposes of this Act
Interest in a superannuation scheme: this definition was inserted by section 3(9) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Investment statement has the meaning set out in section 38C of this Act
Investment statement: this definition was inserted by section 3(9) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such an interest, the superannuation trustee of the scheme:
Issuer: this definition was substituted, as from 16 December 1982, by section 2(8) Securities Amendment Act 1982 (1982 No 147).
Issuer: this definition was substituted, as from 1 October 1997, by section 3(10) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Labour share
[Repealed]
Labour share: this definition was repealed, as from 15 April 2004, by section 3(6) Securities Amendment Act 2004 (2004 No 31).
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 company: this definition was inserted, as from 1 July 1989, by section 42(2) Securities Amendment Act 1988 (1988 No 234).
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) of this definition;—
but does not include any such policy, or a security referred to in paragraph (b) of this definition, 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
Life insurance policy: this definition was inserted, as from 1 July 1989, by section 42(2) Securities Amendment Act 1988 (1988 No 234).
Life insurance policy: this definition was substituted, as from 1 October 1997, by section 3(11) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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:
Manager: this definition was substituted, as from 1 October 1997, by section 3(12) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Manager: paragraph (a) of this definition was substituted, as from 15 April 2004, by section 3(7) Securities Amendment Act 2004 (2004 No 31).
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
Minister: this definition was substituted, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39).
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
overseas regulator means a body in another country with functions corresponding to those of the Commission
overseas regulator: this definition was inserted, as from 1 December 2002, by section 3(3) Securities Amendment Act 2002 (2002 No 43).
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: this definition was substituted, as from 1 October 1997, by section 3(13) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
participatory security trustee means a person appointed as a trustee in respect of participatory securities
participatory security trustee: this definition was inserted, as from 15 April 2004, by section 3(8) Securities Amendment Act 2004 (2004 No 31).
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:
Principal officer: this definition was amended, as from 3 May 2001, pursuant to section 5(e) Securities Amendment Act 2001 (2001 No 25) by inserting after the word “him”
the words “or her”
.
prohibition order means an order made by the Commission 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:
Promoter: this definition was substituted, as from 16 December 1982, by section 2(9) Securities Amendment Act 1982 (1982 No 147).
Promoter: this definition was amended, as from 3 May 2001, pursuant to section 5(d) Securities Amendment Act 2001 (2001 No 25) by inserting after the word “his”
the words “or her”
.
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
Prospective investor: this definition was inserted by section 3(14) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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 of this Act:
Prospectus: this definition was substituted, as from 16 December 1982, by section 2(10) Securities Amendment Act 1982 (1982 No 147).
Qualified auditor has the meaning given to it by section 2C of this Act
Qualified auditor: this definition was amended, as from 1 October 1996, by section 23 Institute of Chartered Accountants of New Zealand Act 1996 (1996 No 39) by substituting the words “chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996)”
for the words “member of the New Zealand Society of Accountants who holds a certificate of public practice”
.
Qualified auditor: this definition was substituted, as from 1 October 1997, by section 3(15) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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
Receive: this definition was inserted, as from 1 October 1997, by section 3(15) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Registered bank has the same meaning as in section 2(1) of the Reserve Bank of New Zealand Act 1989
Registered bank: this definition was inserted, as from 24 March 1995, by section 13(2) Reserve Bank of New Zealand Amendment Act 1995 (1995 No 5).
Registered prospectus means—
(a) Except where paragraph (b) of this definition applies—
(i) A prospectus that has been registered under section 42 of this Act, and the registration of which has not been cancelled or suspended under section 44 of this Act; or
(b) Where a memorandum of amendments to a prospectus of the kind specified in paragraph (a)(i) of this definition has been registered under section 43 of this Act, and the registration of that prospectus as so amended has not been cancelled or suspended under section 44 of this Act—
(i) That prospectus as so amended; or
Registered prospectus: this definition was inserted, as from 16 December 1982, by section 2(11) Securities Amendment Act 1982 (1982 No 147).
Registrar means,—
(a) In sections 67A to 68B , 68G, 68I, and 68K, a person for the time being holding the office of Registrar of Companies or Deputy Registrar of Companies in accordance with the Companies Act 1993:
(b) In all other sections of this Act, the Registrar of Companies appointed in accordance with the Companies Act 1993 and, pursuant to sections 357 and 358 of that Act, includes every Deputy Registrar of Companies, District Registrar of Companies, and Assistant Registrar of Companies appointed in accordance with that Act:
Regulations means regulations made under section 70 of this Act
Regulations: this definition was inserted by section 3(16) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Relative has the same meaning as in the Income Tax Act 2007
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:
Scheme: this definition was inserted by section 3(17) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Security has the meaning set out in section 2D of this Act
Security: this definition was substituted by section 3(18) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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 of this Act 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 of this Act:
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
Send: this definition was inserted by section 3(19) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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 scheme: this definition was inserted by section 3(20) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Superannuation trustee has the same meaning as the term trustees has in the Superannuation Schemes Act 1989
Superannuation trustee: this definition was inserted by section 3(20) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Takeovers Panel means the Takeovers Panel established under Part 1 of the Takeovers Act 1993.
Takeovers Panel: this definition was inserted, as from 1 June 2001, by section 3 Securities Amendment Act (No 2) 2001 (2001 No 29).
Trust deed means a trust deed required by section 33(2)(a) of this Act
Trust deed: this definition was inserted by section 3(20) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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 Maori 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.
Trustee corporation: the words “Parliament of New Zealand”
were substituted for the words “General Assembly”
, as from 1 January 1987, pursuant to section 29(2) Constitution Act 1986 (1986 No 114).
Trustee corporation: this definition was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “the Public Trustee”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
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) of this definition that is declared by regulations not to be a unit for the purposes of this Act
Unit: this definition was inserted by section 3(21) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Unit trust has the same meaning as in section 2(1) of the Unit Trusts Act 1960
Unit trust: this definition was inserted by section 3(21) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Unit trustee has the same meaning as the term trustee has in section 2(1) of the Unit Trusts Act 1960
Unit trustee: this definition was inserted by section 3(21) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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 the 25th day of December in any year and ending with the 2nd day of January in the following year; and
(c) If the 1st day of January in any year falls on a Friday, the following Monday; and
(d) If the 1st day of January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday:
Working day: this definition was inserted by section 3(21) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
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.
Writing: this definition was inserted by section 3(21) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
(2) [Repealed]
Associated persons: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section OD 7 of the Income Tax Act 1994”
for the words “section 8 of the Income Tax Act 1976”
.
Associated persons: this definition was repealed, as from 1 October 1997, by section 3(2) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Associated persons or persons associated with each other: this definition was inserted, as from 1 October 1997, by section 3(2) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.
Associated persons: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Section 2(1) associated persons or persons associated with each other paragraph (a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 2(1) convertible note: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Convertible note: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section FZ 2 of the Income Tax Act 1994”
for the words “section 196 of the Income Tax Act 1976”
.
Convertible note: this definition was amended, as from 15 April 2004, by section 3(3) Securities Amendment Act 2004 (2004 No 31) by substituting the expression “section OB 1”
for the expression “section FZ 2”
.
Convertible note: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Section 2(1) delayed allotment order: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).
Director: this definition was substituted, as from 16 December 1982, by section 2(7) 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) local authority: inserted, on 9 April 2008, by section 4 of the Securities (Local Authority Exemption) Amendment Act 2008 (2008 No 23).
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Local authority: this definition was repealed, as from 15 April 2004, by section 3(6) Securities Amendment Act 2004 (2004 No 31).
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) 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) prohibition order: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).
Section 2(1) Registrar: amended, on 20 September 2007, by section 4 of the Securities Amendment Act 2007 (2007 No 79).
Registrar: this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Section 2(1) relative: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Relative: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “Income Tax Act 1994”
for the words “Income Tax Act 1976”
.
Relative: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Section 2(1) simplified disclosure prospectus: inserted, on 28 July 2009, by section 4 of the Securities (Disclosure) Amendment Act 2009 (2009 No 23).
Subsection (2) was inserted, as from 16 December 1982, by section 2(12) Securities Amendment Act 1982 (1982 No 147).
Subsection (2) was repealed by section 3(22) Securities Amendment Act 1996 (1996 No 100). See section 2 of that Act for transitional provisions relating to its application.