Securities Amendment Act 2011

  • repealed
  • Securities Amendment Act 2011: repealed, on 1 December 2014, pursuant to section 4(1)(a) of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Reprint as at 1 December 2014

Securities Amendment Act 2011

Public Act2011 No 6
Date of assent18 April 2011
Commencementsee section 2
  • Securities Amendment Act 2011: repealed, on 1¬†December 2014, pursuant to section 4(1)(a) of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No¬†70).


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


1 Title

2 Commencement

3 Principal Act amended

4 Long Title amended

5 Interpretation

6 Meaning of advertisement

7 Exemptions from this Act

8 Exemption for employer superannuation schemes

9 Previously allotted securities

10 Term implied in certain offers of previously allotted securities

11 Part 1 repealed

12 Restrictions on offer of securities to the public

13 Restrictions on distribution of prospectuses

14 Void irregular allotments

15 Court must make relief order in certain circumstances

16 Consent for purposes of section 37AC(1)(c) or (d)

17 Voidable irregular allotments

18 Prohibition of advertisements

19 Section 38F repealed

20 Requirements relating to prospectuses delivered to Registrar for registration

21 New sections 42 to 43M substituted

22 New heading and sections 43N to 43S inserted [Repealed]

23 Notices and submissions concerning delayed allotment orders

24 Limited notice and submissions for urgent delayed allotment orders

25 Notices and submissions concerning prohibition orders

26 Commission's powers in respect of contributory mortgages

27 Sections 46 to 47A substituted

28 New sections 54C to 54F inserted

29 Which persons are liable for misstatements

30 Which experts are liable for misstatements

31 Time limit for applying for civil remedies

32 Criminal liability for misstatement in advertisement or registered prospectus

33 Section 59A substituted

34 Other offences

35 When Court may make management banning orders

36 Persons automatically banned from management

37 When Court may prohibit payment or transfer of money, securities, or other property

38 What orders may be made

39 New sections 65G and 65H inserted

40 Section 66 repealed [Repealed]

41 Part 3 repealed

42 Heading to Part 4 amended

43 Regulations and Orders in Council

44 New section 70AAA inserted

45 Fees and charges

46 New sections 70B to 70D inserted

47 Matters that must be stated in regulations implementing application regime

48 Schedule 1 repealed

Transitional provisions

49 Registration of prospectus continues

50 Regulations for purposes of section 49

51 FMA may perform functions formerly performed by Registrar of Companies in relation to registration of prospectuses

52 Registration of deeds continues

53 Prospectuses, amendments, and deeds delivered but not yet registered must be dealt with under old law

54 Exemptions continue in force

Reprint notes

The Parliament of New Zealand enacts as follows: