New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
corporation means a body of persons, whether incorporated or not, and whether incorporated or established in New Zealand or elsewhere
court means the High Court
document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes—
(a) any writing on any material:
(b) any information recorded or stored by means of any tape recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
(c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
(d) any book, map, plan, graph, or drawing:
(e) any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced
FMA means the Financial Markets Authority established under Part 2 of the Financial Markets Authority Act 2011
information includes data, documents, and forecasts
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
person includes a body of persons whether incorporated or not
Registrar means the Registrar of Companies and includes a Deputy Registrar
subsidiary means, in relation to a corporation that is a company registered under the Companies Act 1955, a subsidiary within the meaning of sections 158 and 158A of that Act, and in all other cases, a subsidiary within the meaning of sections 5 and 6 of the Companies Act 1993.
(2) For the purposes of this Act, a person is an associated person of a corporation if—
(a) that person directly or indirectly controls the management of the corporation; or
(b) that person owns directly or indirectly,—
(i) in the case of a corporation that is a company registered under the Companies Act 1955, 20% or more in nominal value of the equity share capital (as defined in section 158 of that Act) of the corporation; or
(ii) in all other cases, 20% of the issued shares of the corporation, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital:
(c) the corporation directly or indirectly controls that person; or
(d) the corporation owns directly or indirectly,—
(i) in the case of a person that is a company registered under the Companies Act 1955, 20% or more of the equity share capital (as defined in section 158 of the Companies Act 1955) of that person; or
(ii) in all other cases, 20% or more of the issued shares of that person, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital.
(3) For the purposes of Part 1 an associated person of a corporation also includes a person who is substantially indebted to the corporation.
(4) Where a body corporate incorporated outside New Zealand or, as the case may be, any unincorporated body having its head office or principal place of business outside New Zealand, carries on business or has assets in New Zealand, the provisions of this Act shall apply in respect of that business or those assets as if the business were carried on, or the assets were held, by a separate person.
Section 2(1) FMA: inserted, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
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) subsidiary: substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Section 2(2)(b): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Section 2(2)(d): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
