Banking (Prudential Supervision) Act 1989

If you need more information about this Act, please contact the administering agency: Reserve Bank of New Zealand
106 Procedure for obtaining warrants

(1)

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on application made in the manner provided in subpart 3 of Part 4 of that Act, that there are reasonable grounds for believing—

(aaa)

that any information or data published in a disclosure statement by a registered bank under section 81 or section 83 is false or misleading in a material particular; or

(aa)

that a registered bank has failed to publish information that it is required to publish in a disclosure statement under section 81 or section 83; or

(a)

that any information or data supplied to the Bank by a registered bank pursuant to section 93 is false or misleading in a material particular; or

(b)

that a registered bank has failed to comply with any requirement to supply information, data, or forecasts pursuant to section 93; or

(ba)

that any information or data supplied by a person to a registered bank under section 93B or to the Bank under section 93C, as the case may be, is false or misleading in a material particular; or

(bb)

that a person has failed to comply with any requirement to supply information, data, or forecasts to a registered bank under section 93B, or to the Bank under section 93C as the case may be; or

(c)

that a registered bank has failed to comply with section 95—

may issue a warrant, in terms of section 107, to a person appointed pursuant to section 99(2)(b).

(2)

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of that Act, that there are reasonable grounds for believing that it is necessary for the purpose of determining whether to exercise the powers conferred under section 113 or section 117 that an investigation of the affairs of a registered bank should be carried out, may issue a warrant, in terms of section 107, to a person appointed under section 101.

(3)

Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.

Compare: 1964 No 134 ss 38N(3), (5), 38O(6); 1986 No 131 s 10; 1989 No 11 s 24

Section 106(1): amended, on 1 October 2012, by section 297(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 106(1): amended, on 21 August 2003, by section 28(3) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(1)(aaa): inserted, on 21 August 2003, by section 28(1) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(1)(aa): inserted, on 21 August 2003, by section 28(1) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(1)(ba): inserted, on 21 August 2003, by section 28(2) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(1)(bb): inserted, on 21 August 2003, by section 28(2) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(2): amended, on 1 October 2012, by section 297(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 106(2): amended, on 21 August 2003, by section 28(4) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).

Section 106(3): replaced, on 1 October 2012, by section 297(6) of the Search and Surveillance Act 2012 (2012 No 24).