New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) In these regulations, unless the context otherwise requires,—
Act means the Securities Act 1978
agreement means the agreement dated 22 February 2006 between the Government of Australia and the Government of New Zealand in relation to mutual recognition of securities offerings
Australian collective investment scheme means a registered scheme as defined in section 9 of the Corporations Act 2001 (Aust)
Australian issuer means an issuer who—
(a) is incorporated under the laws of Australia; or
(b) in the case of a natural person, is resident in Australia; or
(c) in the case of a legal person who is not a natural person, is established under the laws of Australia; or
(d) is registered as a foreign company under the laws of Australia
Australian recognition scheme means the recognition scheme provided for in Chapter 8 of the Corporations Act 2001 (Aust) and regulations made under that Act for implementing the agreement
Australian regulator means—
(a) the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 1989 and continued under the Australian Securities and Investments Commission Act 2001; or
(b) any other similar regulator established by law to replace that Commission
collective investment scheme means an Australian collective investment scheme or a New Zealand collective investment scheme
exempt means exempt from—
(a) Part 2 of the Act, except sections 35 (restrictions on door-to-door sales), 38B (prohibition of advertisements), and 58 (criminal liability for misstatement in advertisement or registered prospectus); and
(b) the Regulations
FMA means the Financial Markets Authority established under Part 2 of the Financial Markets Authority Act 2011
issuer includes an offeror who is an issuer under section 6(7) of the Act
New Zealand collective investment scheme means a scheme that is operated by a body that is incorporated or formed in New Zealand and that—
(a) is a unit trust as defined in section 2 of the Unit Trusts Act 1960; or
(b) involves the issue of participatory securities in respect of which a statutory supervisor has been appointed under section 33(3) of the Act and a deed of participation has been registered by the Registrar under section 46 of the Act; or
(c) involves the issue of a participatory security that is an interest in a group investment fund established under section 29 of the Trustee Companies Act 1967 or under section 42A of the Public Trust Office Act 1957 or under section 63 of the Public Trust Act 2001 and in respect of which the trustee has appointed another party as a manager of that fund
New Zealand issuer means an issuer who—
(a) is incorporated under the laws of New Zealand; or
(b) in the case of a natural person, is resident in New Zealand; or
(c) in the case of a legal person who is not a natural person, is established under the laws of New Zealand; or
(d) is registered as an overseas company under the laws of New Zealand
product disclosure statement means a Product Disclosure Statement as defined in section 761A of the Corporations Act 2001 (Aust)
Registrar has the same meaning as in section 2(1) of the Act
regulated offer means an offer of securities by an Australian issuer in respect of which a disclosure document or a product disclosure statement or a similar offer document is required under Australian securities legislation
Regulations means the Securities Regulations 2009 and the Securities Regulations 1983
securities means any or all of the following securities:
(a) equity or debt securities:
(b) interests in collective investment schemes:
(c) any interest in, or any option to acquire, any of the securities in paragraphs (a) and (b)
securities legislation means—
(a) in relation to Australia, the Corporations Act 2001 and any regulations made under that Act, or any legislation enacted in substitution for that Act or those regulations:
(b) in relation to New Zealand, the Act and any regulations made under that Act, or any legislation enacted in substitution for that Act or those regulations.
(2) Any term or expression that is defined in the Act or the Regulations and used, but not defined, in these regulations has the same meaning as in the Act or the Regulations.
Regulation 4(1) Commission: revoked, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Regulation 4(1) FMA: inserted, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Regulation 4(1) Registrar: substituted, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Regulation 4(1) Regulations: substituted, on 1 October 2009, by regulation 49 of the Securities Regulations 2009 (SR 2009/230).
