Co-operative Companies (Foodstuffs South Island Limited) Exemption Order 2013

2013/422

Coat of Arms of New Zealand

Co-operative Companies (Foodstuffs South Island Limited) Exemption Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of September 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 32 of the Co-operative Companies Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

  • This order is the Co-operative Companies (Foodstuffs South Island Limited) Exemption Order 2013.

2 Commencement

  • This order comes into force on 4 November 2013.

3 Interpretation

  • (1) In this order, unless the context otherwise requires,—

    Act means the Companies Act 1993

    company means Foodstuffs South Island Limited, a co-operative company registered under the Co-operative Companies Act 1996

    specified shares means—

    • (a) redeemable preference shares:

    • (b) class B redeemable shares:

    • (c) retained patronage shares:

    • (d) trading deposit shares.

    (2) Any term or expression that is defined in the Act and used, but not defined, in this order has the same meaning as in the Act.

4 Exemption

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 4 November 2013, exempts Foodstuffs South Island Limited from sections 209 to 209B, and paragraph (i) of Schedule 4, of the Companies Act 1993. The exemption applies to redeemable preference shares, class B redeemable shares, retained patronage shares, and trading deposit shares issued by the company.

The provisions in the Companies Act 1993 that the company is exempted from require the board to—

  • send a copy of the annual report to every shareholder, unless that right is waived by a shareholder (section 209); and

  • send a copy of the annual report or concise annual report to every shareholder who requests it (section 209A); and

  • make available in electronic format copies of its annual report or concise annual report (section 209B); and

  • include shareholder details in its annual return (paragraph (i) of Schedule 4).

This order replaces and revokes the Co-operative Companies (Foodstuffs (South Island) Limited) Exemption Order 1998.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 October 2013.

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