(1) In this Act, issuer means—
(a) Every person who has, whether before or after the commencement of this Act, allotted securities pursuant to—
(i) An offer for which, or for which but for an exemption granted by the Securities Commission pursuant to section 5 of the Securities Act 1978, an investment statement or a registered prospectus, or both, is or was required under that Act (other than an offer of a unit in a unit trust); or
(ii) An offer required to be contained in a prospectus required to be registered under the Companies Act 1955,—
whether or not the securities allotted are securities of the same type as the securities offered:
(b) Every manager of a unit trust (within the meaning of section 2 of the Unit Trusts Act 1960) in which securities have been allotted, whether before or after the commencement of this Act, pursuant to an offer of securities to the public within the meaning of the Securities Act 1978:
(ba) every recipient of money from a conduit issuer (within the meaning of section 4A):
(c) Every person who is a party to a listing agreement with a stock exchange in New Zealand and who has issued securities which are quoted on such an exchange:
(d) every insurer to whom Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies.
(e) every operator within the meaning of the Retirement Villages Act 2003 (other than a receiver or liquidator, or a person who has no financial interest in the village).
(2) Every registered bank (within the meaning of section 2(1) of the Reserve Bank of New Zealand Act 1989) that has allotted securities to the public within the meaning of the Securities Act 1978 is an issuer for the purposes of this Act.
(3) In this section references to securities that have been issued or allotted are to be taken as references to securities that have not been cancelled, redeemed, forfeited, or in respect of which obligations owing under them have not been discharged.
(4) Subsection (2) of this section shall come into force on a date to be appointed by the Governor-General by Order in Council.
Subsection (1) was substituted, as from 1 October 1997, by section 3 Financial Reporting Amendment Act (No 2) 1996 (1996 No 103).
Subsection (1)(ba) was inserted, as from 11 August 2007, by section 5 Financial Reporting Amendment Act 2006 (2006 No 64). See section 23(3) and (4) of that Act regarding the accounting periods to which amendments apply. See clause 2(2) Financial Reporting Amendment Act 2006 Commencement Order 2007 (SR 2007/110).
Subsection (1)(d) was inserted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1)(d) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Subsection (1)(e) was inserted, as from 1 May 2007, by section 109(1) Retirement Villages Act 2003 (2003 No 112). See clause 2(d) Retirement Villages Act Commencement Order (No 2) 2006 (SR 2006/296).