Reprint as at 2 May 2008
| Public Act | 1988 No 234 |
| Date of assent | 21 December 1988 |
The title of this Act was substituted, as from 1 December 2002, by section 4(1) Securities Markets Amendment Act 2002 (2002 No 44). It previously read “Securities Amendment Act 1988”
.
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Commerce.
When prohibition on insider conduct does not apply
General dealing misconduct prohibition
12 Exceptions to section 11 [Repealed]
Liability under Fair Trading Act 1986
Continuous disclosure obligation
19B Public issuers must disclose in accordance with listing rules if continuous disclosure listing rules apply
19C Public issuers must disclose in accordance with regulations if continuous disclosure regulations apply
19E What is material information [Repealed]
[Repealed]
19H Notice and submissions on Commission's orders [Repealed]
[Repealed]
19L Court may impose pecuniary penalties [Repealed]
19M Court may make compensatory orders [Repealed]
19N Court may order payment of costs [Repealed]
19O General provisions as to Court's orders [Repealed]
19P Persons entitled to appear before Court [Repealed]
19PA No contravention of continuous disclosure provisions by person who takes reasonable steps to ensure public issuer complies
Regulations requiring continuous disclosure
[Repealed]
19Q Regulations requiring continuous disclosure [Repealed]
Directors' and officers' disclosure obligations
19T Directors and officers of public issuers must disclose relevant interests and dealings in relevant interests
[Repealed]
19ZC Notice, submissions, and opportunity to be heard and represented on Commission's orders [Repealed]
29 How to ascertain total voting securities in class of public issuer's voting securities for purposes of disclosure
32A Exemption for persons under control or acting jointly with trustee corporations and nominee companies
Required disclosure obligations
34 Commission may require persons to disclose to market relevant interests and powers to get relevant interests
35A Evidence not otherwise admissible [Repealed]
Register and publication of substantial holdings
35J Notice under this subpart not to affect incorporation of public issuer or constitute notice of trust
36 Regulations for purpose of this subpart [Repealed]
Restrictions on activities relating to securities exchanges unless registered under this subpart
36B No operation of securities markets unless registered under this subpart (if restriction applies)
Conduct rules of registered exchanges
36G Registered exchange must operate securities markets with conduct rules that include required matters and have effect
36P Registered exchange must not operate new securities market if proposed conduct rules or changes not approved
Control limits for registered exchanges
Enforcement of prohibition of certain statements relating to exchanges
[Repealed]
36ZA Commission may make orders prohibiting statements relating to exchanges or requiring corrective statements [Repealed]
36ZB Notice, submissions, and opportunity to be heard and represented on Commission's orders [Repealed]
36ZC Offence for contravening prohibition order [Repealed]
Notification of disciplinary actions and suspected contraventions
36ZD Registered exchange must notify Commission of disciplinary actions and suspected contraventions
Disclosure of material information
Waiver of notification and disclosure obligations
General information and assistance provisions
36ZK Registered exchange must give Commission or Takeovers Panel other information and assistance on request
Notice and submissions on continuous disclosure determinations
36ZM Registered exchange must give notice and have regard to submissions on continuous disclosure determinations
Contracting out or modification of continuous disclosure process requirements
Disclosure by investment advisers
Disclosure by investment brokers
41I Investment broker must disclose procedures for dealing with investment money or investment property
Other requirements relating to disclosure
41S Recommending, or receiving money for, acquisition of securities prohibited if offer for subscription illegal
Territorial scope of this Part
Prohibition and corrective orders
Temporary investment adviser and broker banning orders
Process for Commission's orders
Pecuniary penalty orders and declarations of contravention
42X Guidance for Court on how to determine gains made or losses avoided for purposes of maximum amount
Civil remedy order for investment advisers' or brokers' disclosure obligations
42ZC When Court may make civil remedy order for investment advisers' or brokers' disclosure obligations
Interrelationship of civil remedies
Investment adviser or broker bans
Orders to preserve assets to satisfy claims
Exemptions granted and removed by Commission
50 [Repealed]
51 [Repealed]
52 [Repealed]
This Act was previously the Securities Amendment Act 1988, and the long title was effectively repealed following this becoming a principal Act pursuant to section 4(1) Securities Markets Amendment Act 2002 (2002 No 44).