Companies Act 1993

3 Public notice

(1)

Where, pursuant to this Act, public notice must be given of any matter affecting a company, that notice must be given by publishing notice of the matter—

(a)

in at least 1 issue of the Gazette; and

(b)

in at least 1 issue of a newspaper circulating in the area in which is situated—

(i)

the company’s place of business; or

(ii)

if the company has more than 1 place of business, the company’s principal place of business; or

(iii)

if the company has no place of business or neither its place of business nor its principal place of business is known, the company’s registered office.

(2)

Where, pursuant to this Act, public notice must be given of any matter affecting an overseas company, that notice must be given by publishing notice of the matter—

(a)

in at least 1 issue of the Gazette; and

(b)

in at least 1 issue of a newspaper circulating in the area in which is situated—

(i)

the place of business in New Zealand of the overseas company; or

(ii)

if the overseas company has more than 1 place of business in New Zealand, the principal place of business in New Zealand of the overseas company.

(3)

However, subsections (1) and (2) do not apply to the public notice required to be given—

(a)

by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), 341(4)(b), and 360A(2)(b); and

(b)

by the Secretary to the Treasury under section 324(3).

(4)

The public notice required to be given by the Registrar under the provisions referred to in subsection (3)(a) must be given by publishing the notice in at least 1 issue of the Gazette.

(5)

The Registrar must ensure that a copy of the notice referred to in subsection (4) is available on an Internet site maintained by or on behalf of the Registrar, at all reasonable times, for a period of not less than 20 working days.

(6)

The public notice required to be given by the Secretary to the Treasury under the provision referred to in subsection (3)(b) must be given by publishing the notice in at least 1 issue of the Gazette.

(7)

The Secretary to the Treasury must ensure that a copy of the notice referred to in subsection (6) is available on an Internet site maintained by or on behalf of the Treasury, at all reasonable times, for a period of not less than 20 working days.

Section 3(3): replaced, on 24 October 2019, by section 23(1) of the Statutes Amendment Act 2019 (2019 No 56).

Section 3(4): inserted, on 7 July 2010, by section 4 of the Companies Amendment Act (No 2) 2010 (2010 No 53).

Section 3(4): amended, on 24 October 2019, by section 23(2) of the Statutes Amendment Act 2019 (2019 No 56).

Section 3(5): inserted, on 7 July 2010, by section 4 of the Companies Amendment Act (No 2) 2010 (2010 No 53).

Section 3(6): inserted, on 24 October 2019, by section 23(3) of the Statutes Amendment Act 2019 (2019 No 56).

Section 3(7): inserted, on 24 October 2019, by section 23(3) of the Statutes Amendment Act 2019 (2019 No 56).