Notices required to be advertised by the Assignee may be framed to comprise notices concerning more bankruptcies or other matters than one in one advertisement.

All notices and proceedings advertised by the Official Assignee (except those advertised pursuant to Part 17 of the Act) shall be headed by the words “In Bankruptcy” in letters larger than those adopted in printing the body of the notices or proceedings advertised, but one heading shall be sufficient for a column if the matters referred to therein are all in bankruptcy.

Where any notice or proceeding is required to be advertised by the Official Assignee, it shall be sufficient compliance if it is published in one or more newspapers published or generally circulated where the proceedings are filed.

Notices required to be advertised by the Assignee shall also be forwarded by him to the Government Printer to be published in the Gazette free of costs to the estate.

Subject to the Rules, notices and documents that are required by the Act to be served on or sent to any person by the Assignee, and are not by the Act directed to be served personally, may be sent by ordinary letter post addressed to the last known place of business or abode of the person.

The notice required by section 33 of the Act may be either delivered to the bankrupt personally or sent to him by letter post, and shall be in form 1 in Schedule 1 hereto, and shall be accompanied by the form of statements of affairs as set out in form 2 in that Schedule and the form of prescribed questions as set out in form 3 in that Schedule, and where appropriate the form of additional questions as set out in form 4 in that Schedule.

A notice calling a first meeting of creditors shall be in form 5 in Schedule 1 hereto and where a meeting is called without the bankrupt having filed his statement of affairs that fact shall be notified to the creditors.

Notices to attend meetings of creditors shall be sent by the Official Assignee so as to give as much notice as possible.

A notice calling a meeting of creditors other than a first meeting of creditors shall be in form 6 in Schedule 1 hereto, and shall state the business to be transacted at the meeting.

Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting, unless the Assignee or chairman fixes another place at the time of the adjournment.

A creditor desiring to prove his debt shall deliver to or send by post to the Assignee as soon as may be, particulars of his claim in form 7 in Schedule 1 hereto signed by the creditor or by some person authorised by him on that behalf who has knowledge of the debt.

The Assignee shall endorse on the proof of debt form whether he admits or rejects the claim (either wholly or in part) and if he admits it whether the claim is preferential or not.

If the Assignee rejects the claim either wholly or in part or defers it, he shall give notice to the creditor in form 8 in Schedule 1 hereto.

Where a creditor's proof has been admitted the notice of dividend shall be sufficient notification to that creditor of the admission.

Where an order of adjudication is made against a firm, the joint and separate creditors shall collectively be convened to the first meeting of creditors.

(1) At the first meeting, or any adjournment thereof, the joint creditors and each set of separate creditors may severally entertain proposals for compositions under Part 12 of the Act. So far as circumstances will allow, a proposal entertained by joint creditors may be confirmed and approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be entertained, confirmed, and approved.

(2) Where proposals for composition are made by a firm and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors, and the proposal made to each separate set of creditors apart from all other creditors. Such proposals may vary in character and amount. Where a composition is approved, the order of adjudication shall be rescinded only so far as it relates to the estate the creditors of which have confirmed the composition.

(1) On the adjudication of a partnership, the bankrupts shall submit a statement of their partnership affairs, and each bankrupt shall submit a statement of his separate affairs and answers to the prescribed questions.

(2) On the adjudication of a partnership, for the purposes of section 41 of the Act each set of separate creditors may appoint its own expert or committee to assist the Assignee in the separate estate, but if any set of creditors does not appoint a separate expert or committee the expert or committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by such separate creditors.

If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of the last-mentioned firm shall be deemed to be a separate set of creditors, and to be on the same footing as the separate creditors of any individual member of the firm; and, where any surplus arises upon the administration of the assets of the separate estates of the partners in the separate and independent firm, the surplus shall be carried over to the separate estates of the partners in the separate and independent firm according to their respective rights therein.

Where joint and separate estates are being administered, the remuneration of the expert or committee in respect of the administration of the joint estate may be fixed by the creditors of the joint estate, and the remuneration of the expert or committee in respect of the administration of any separate estate may be fixed by the creditors of the separate estate.

(1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred before the order of adjudication, the Official Assignee may pay the amount of the deficiency in respect of those costs or charges out of the separate estate of the co-debtors, or one or more of them, in such proportions as in his discretion he may think fit. The Assignee may also, as in his discretion he may think fit, pay any costs or charges properly incurred before the order of adjudication for any separate estate out of the joint estate, or out of any other separate estate, and any part of the costs or charges of the joint estate incurred before the adjudication which affects any separate estate, out of that separate estate.

(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the adjudication, the Assignee may pay the costs or charges out of the separate estates of the co-debtors, or one or more of them.

Every application to the Assignee by a bankrupt under section 62 of the Act for leave to enter or carry on or take part in the management of a business shall be made in writing by the bankrupt or his solicitor and shall be verified by affidavit, and shall set out the reasons for the application, whether the business is a new business, what capital (if any) it is intended that the bankrupt or any other person will put into the business, and such other particulars as the Assignee may require.

The Assignee, having regard to the interests of the bankrupt, the creditors, and the community, may in his discretion refuse leave or grant leave either unconditionally or upon such conditions as he thinks fit.

When the creditors, pursuant to section 121 of the Act, resolve to entertain a proposal for a composition, the terms of the composition shall be settled at the first meeting, or adjournments thereof. The subsequent meeting shall be held for the purpose of confirming or rejecting the composition.

Every resolution for a composition or instrument embodying the terms of a proposed composition which is to be submitted to the Court pursuant to section 122 of the Act shall, in addition to the other particulars required to be contained therein, specify the manner (if any) in which the payments of the composition are to be secured.

Where a composition is sanctioned, and default is made in any payment thereunder, either by the bankrupt or the trustee (if any), no action to enforce the payment shall lie, but the remedy of any person aggrieved shall be by application to the Court.

Where under any composition provision is made for the payment of any money to creditors entitled thereto, and any claim in respect of which a proof has been lodged is disputed, the Court may, if it thinks fit, direct that the amount which would be payable upon the claim if it is established shall be secured in such manner as the Court directs until the determination of the claim so disputed, and on the determination thereof the sum so secured shall be paid as the Court may direct.

Every person claiming to be a creditor under any composition who has not proved his debt before the approval of the composition shall lodge his proof with the trustee thereunder, who shall admit or reject the proof; and no creditor shall be entitled to enforce payment of any part of the sums payable under a composition unless and until he has proved his debt and his proof has been admitted.

Every application for the consent of the Assignee to the departure of a bankrupt from New Zealand shall be made in writing by the bankrupt or his solicitor and shall be verified by affidavit and contain particulars of the bankrupt's proposed departure, including—

• (a) His reasons for leaving New Zealand; and

• (b) Whether he intends to return to New Zealand; and

• (c) The approximate date of his departure and, where applicable, the approximate date of his return.

The Official Assignee, having regard to the interests of the creditors, may in his discretion refuse any such application or grant it either unconditionally or upon or subject to such conditions as he thinks fit.

(1) Where pursuant to section 58 of the Act an Assignee wishes to set aside a disposition, the notice which he shall file in the Court shall be in form 9 in Schedule 1 hereto.

(2) A copy of that notice shall be given to the person to whom the disposition was made and to any other person from whom the Assignee wishes to recover the property, or any part of it, or the value of any part of it.

A disclaimer of onerous property other than shares under section 75 of the Act shall be in form 10 in Schedule 1 hereto.

Notice of termination of a contract under section 76 of the Act shall be in form 11 in Schedule 1 hereto.

Notice of disclaimer of shares under section 78 of the Act shall be in form 12 in Schedule 1 hereto.

Where an undischarged bankrupt again became bankrupt and the Assignee of the later bankruptcy has paid the debts of that bankruptcy in full (including interest), the surplus to be paid to the Assignee of the former bankruptcy shall not be subject to Assignee's commission by the Assignee of the later bankruptcy.

Without restricting the provisions of section 81 of the Act, the Audit Office may give to an Assignee a general approval for the investment of estate money in some savings bank or banks subject to money in each estate being invested separately.

The Assignee shall in January each year send a certificate in form 13 in Schedule 1 hereto to each bankrupt discharged during the previous year under the provisions of subsection (1) of section 107 of the Act. A copy of the certificate shall be filed in the Court and a copy forwarded to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Act. No fee shall be paid for filing a copy of the certificate in the Court.

The commission to be paid to the Assignee pursuant to section 166 of the Act shall be in accordance with the scale set out in Schedule 3 to these regulations.

In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the order of adjudication shall be apportioned between the joint and separate estates in such proportions as the Assignee may in his discretion determine.

(1) Every notice of the date, time, and place of a meeting of creditors given under paragraph (a) of subsection (2) of section 141 of the Act shall be in form 14 in Schedule 1 hereto and shall, in addition to the documents mentioned in paragraphs (b) to (e) of that subsection, be accompanied by a list of the creditors affected by the proposal and showing the amounts of their claims.

(2) The voting letter required by paragraph (e) of subsection (2) of section 141 of the Act shall be in form 16 in Schedule 1 hereto.

The provisional trustee shall also cause notice of the time and place of the meeting to be advertised not less than 7 days before the meeting is held in a newspaper circulating in the district in which the meeting is to be held. The advertisement shall be in form 15 in Schedule 1 hereto.

(1) At a meeting of creditors under Part 15 of the Act two creditors or their representatives actually present at the meeting shall constitute a quorum.

(2) If no quorum is present at the meeting the proposal shall be deemed to be not accepted by the creditors.

The insolvent shall, unless prevented by illness or other sufficient cause, attend every meeting of creditors under Part 15 of the Act, and shall answer to the best of his knowledge and ability all questions put to him by the chairman or any creditor in respect of his conduct, dealings, property, and affairs. The failure of the insolvent to attend a meeting shall not affect the validity of any resolution passed at the meeting.

The chairman shall cause minutes of the proceedings at the meeting to be kept and shall sign the same.

The resolution accepting the proposal shall be in form 17 in Schedule 1 hereto.

For computing the requisite majority of creditors for the passing of a resolution accepting a proposal which contains an offer to compromise at less than 100 cents in the dollar, preferential creditors shall not be reckoned either in number or value except as to any part of their claim which is not preferential.

The provisions of subsection (1) and subsections (3) to (8) of section 89 of the Act shall apply as if the trustee was an Official Assignee and the insolvent was a bankrupt.

When a proposal is accepted by the creditors, the trustee, in addition to his proper expenses, shall be entitled to a fee according to the same scale as for Assignee's commission:

Provided that on the application of the trustee the Court may approve a higher fee.

The notice of hearing of application required by subsection (1) of section 143 of the Act shall be in form 18 in Schedule 1 hereto.

(1) The abstract showing receipts and payments as required by subsection (3) of section 144 of the Act shall be in form 19 in Schedule 1 hereto.

(2) The Registrar of the Court may direct that the abstract when filed be audited by a chartered accountant.

(3) If, on the application of a creditor, or on his own motion, the Registrar considers that an audit of the trustee's accounts and records is desirable he shall cause an audit of the trustee's accounts and records relating to the insolvent to be carried out by a chartered accountant.

(4) For the purpose of an audit under this regulation the trustee shall produce to the auditor as and when required such books, documents, writings and information as the auditor requires. The cost of any such audit shall be paid out of the money available under the proposal.

(5) The Court may order that the trustee make good any loss that has been sustained by reason of any misfeasance, negligence, or wilful default of the trustee, or may make such other order as it thinks just and equitable in the circumstances.

(1) When a trustee dies or becomes incapable of acting or desires to be relieved of his duties, the creditors may, by resolution at a meeting called for that purpose, appoint some other person willing to act to be the trustee.

(2) The Court may, on the application of the insolvent or any creditor, remove a trustee and appoint another person as trustee in his place.

(3) If, under the proposal or any deed entered into in terms of the proposal, property vests in the trustee first appointed, that property shall vest in the second trustee without the necessity of any conveyance, assignment, or transfer, and all matters and transactions left uncompleted by the first trustee shall be completed by the second trustee.

(4) All payments made, all acts and things done, all transactions entered into, and all liabilities incurred by the first trustee in good faith and in exercise of his powers shall be binding on the second trustee.

(5) A meeting called for the purpose of this rule may be called by the first trustee (if he is capable) or by any creditor.

Where a bankrupt has no available assets, the Assignee shall not be required to incur any expense in relation to his estate without a guarantee from the creditors, or some of them.

The Witnesses and Interpreters Fees Regulations 1969¹ shall apply to any examination pursuant to section 68 of the Act.