Securities Act (Foodstuffs South Island Limited) Exemption Amendment Notice 2008: expired, on 1 October 2012, pursuant to clause 3 of the Securities Act (Foodstuffs South Island Limited) Exemption Notice 2002 (SR 2002/304).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This notice is administered by the Financial Markets Authority.

Pursuant to the Securities Act 1978, the Securities Commission gives the following notice (to which is appended a statement of reasons of the Securities Commission).

1 Title

2 Commencement

3 Principal notice amended

4 Name of principal notice changed

5 Interpretation

Notice

1 Title

This notice is the Securities Act (Foodstuffs South Island Limited) Exemption Amendment Notice 2008.

2 Commencement

This notice comes into force on the day after the date of its notification in the Gazette.

3 Principal notice amended

This notice amends the notice that was previously called the Securities Act (Foodstuffs (South Island) Limited) Exemption Notice 2002 (the principal notice).

4 Name of principal notice changed

(1) As from the commencement of this notice, the principal notice is called the Securities Act (Foodstuffs South Island Limited) Exemption Notice 2002.

(2) Clause 1 is consequentially amended by omitting “(Foodstuffs (South Island) Limited)” and substituting “(Foodstuffs South Island Limited)”.

5 Interpretation

(1) Clause 4(1) is amended by revoking the definition of company and substituting the following definition:

“company means Foodstuffs South Island Limited”.

(2) The definition of specified equity securities in clause 4(1) is amended by revoking paragraph (b).

Dated at Wellington this 10th day of June 2008.

The Common Seal of the Securities Commission was affixed in the presence of:

[Seal]

J Diplock,
Chairperson.

Statement of reasons

This notice, which comes into force on the day after the date of its notification in the Gazette, amends the Securities Act (Foodstuffs (South Island) Limited) Exemption Notice 2002 (the principal notice).

The principal notice exempts Foodstuffs (South Island) Limited (which has changed its name to Foodstuffs South Island Limited), subject to conditions, from certain prospectus requirements of the Securities Regulations 1983 in respect of an offer of certain redeemable preference shares (the 5-year redeemable preference shares). Foodstuffs South Island Limited wishes to offer a new class of redeemable preference shares (the retained patronage shares) that have the same rights and privileges as the 5-year redeemable preference shares, except that they are not required to be redeemed within a fixed period after their date of issue.

This amendment notice—

changes the name of the company exempted by the principal notice from Foodstuffs (South Island) Limited to Foodstuffs South Island Limited and consequentially changes the title to the principal notice; and
provides for the exemption to apply in respect of an offer of retained patronage shares by removing the requirement that redeemable preference shares to which the notice applies must have a redemption date not later than 5 years after the date of issue.

The Securities Commission considers that it is appropriate to make the amendments because—

the amendments reflect the new name of the company granted the exemption; and
the retained patronage shares have the same rights and privileges as the 5-year redeemable preference shares, except that the retained patronage shares are not required to be redeemed within a fixed period from their issue date; and
there is no policy reason why the exemptions in the notice should be limited only to redeemable preference shares that have a fixed redemption date. The Securities Commission therefore considers that the exemptions should equally apply to the new retained patronage shares.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 June 2008.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Securities Act (Foodstuffs South Island Limited) Exemption Amendment Notice 2008. The reprint incorporates all the amendments to the notice as at 1 October 2012, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Securities Act (Foodstuffs South Island Limited) Exemption Notice 2002 (SR 2002/304): clause 3

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Securities Act (Foodstuffs South Island Limited) Exemption Amendment Notice 2008