Financial Markets Conduct (Designation of Restricted Schemes) Order 2016
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Reprint as at 28 October 2016
Financial Markets Conduct (Designation of Restricted Schemes) Order 2016
(LI 2016/199)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 29th day of August 2016
Present:
The Right Hon John Key presiding in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This order is administered by the Ministry of Business, Innovation, and Employment.
This order is made under clause 23(2) of Schedule 4 of the Financial Markets Conduct Act 2013 on the advice and with the consent of the Executive Council and on the advice of the Minister of Commerce and Consumer Affairs given in accordance with a recommendation of the Financial Markets Authority.
Order
1 Title
This order is the Financial Markets Conduct (Designation of Restricted Schemes) Order 2016.
2 Commencement
This order comes into force on 2 September 2016.
3 Application
This order applies to a managed investment scheme on and from the date on which it is treated as being registered under clause 22 of Schedule 4 of the Financial Markets Conduct Act 2013 (the Act).
4 Designation of managed investment schemes as certain types of scheme
(1)
The managed investment schemes listed in the Schedule are designated as the type or types of scheme shown in the Schedule.
(2)
For the purposes of the Schedule, a scheme designated—
(a)
as a legacy scheme in column 3 is designated for the purposes of clause 23(1)(e) of Schedule 4 of the Act:
(b)
as a restricted legacy scheme in column 4 is designated for the purposes of clause 23(1)(d) and (e) of Schedule 4 of the Act:
(c)
as a restricted employer-related scheme in column 5 is designated for the purposes of section 172 of the Act:
(d)
as a workplace savings scheme in column 6 is designated for the purposes of clause 23(1)(f) of Schedule 4 of the Act:
(e)
as a restricted workplace savings scheme in column 7 is designated for the purposes of clause 23(1)(f) and (g) of Schedule 4 of the Act.
(3)
If a scheme is designated in relation to a section of the scheme, the scheme is designated as the type or types of scheme shown in the Schedule in respect of that section (see clause 23(3) of Schedule 4 of the Act).
5 Revocation
The Financial Markets Conduct (Restricted Schemes) Order 2016 (LI 2016/119) is revoked.
Schedule Designation of schemes as certain types of scheme
Note: A tick alongside the name of a scheme (or a section of a scheme) means that the scheme (or the scheme in respect of the section) is designated as the type of scheme that appears above the tick.
|
Column 1 Name of scheme |
Column 2 Approved scheme number | Column 3 Legacy scheme | Column 4 Restricted legacy scheme | Column 5 Restricted employer-related scheme | Column 6 Workplace savings scheme | Column 7 Restricted workplace savings scheme | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 3M New Zealand Limited Superannuation Scheme | 4456 | ✓ | ✓ | |||||||||
| Accident Compensation Corporation Superannuation Scheme | 831 | ✓ | ✓ | |||||||||
| Air New Zealand Superannuation Scheme | 606 | ✓ | ✓ | |||||||||
| Akzo Nobel Coatings Superannuation Plan | 2623 | ✓ | ✓ | |||||||||
| Alsco Superannuation Plan | 6265 | ✓ | ✓ | |||||||||
| AMI Superannuation Scheme | 1019 | ✓ | ✓ | |||||||||
| AMP New Zealand Personal Superannuation Fund | 9486 | ✓ | ||||||||||
| AMP (New Zealand) Staff Superannuation Plan | 9200 | ✓ | ✓ | |||||||||
| AMP (New Zealand) Staff Superannuation Plan (Section 2) | 7690 | ✓ | ✓ | |||||||||
| AMP (NMLA) New Zealand Superannuation Scheme | 7758 | ✓ | ✓ | |||||||||
| AMP Passive Personal Retirement Plan - International Passive Shares Investment Fund | 1319 | ✓ | ||||||||||
| AMP Passive Personal Retirement Plan - New Zealand Passive Shares Investment Fund | 1318 | ✓ | ||||||||||
| AMP Personal Retirement Plan | 1235 | ✓ | ||||||||||
| AMP Personal Superannuation Scheme | 1500 | ✓ | ||||||||||
| AMP Superannuation Investment Trust | 808 | ✓ | ||||||||||
| ANZ National Bank Staff Superannuation Scheme | 7727 | ✓ | ✓ | |||||||||
| ANZ National Retirement Scheme | 2294 | ✓ | ✓ | |||||||||
| Aon Group Pension Plan | 3304 | ✓ | ✓ | |||||||||
| Aon Master Trust | 6980 | |||||||||||
| —staff section | ✓ | |||||||||||
| —personal section | ✓ | |||||||||||
| ASB Bank Limited Provident Savings Fund | 3183 | ✓ | ✓ | |||||||||
| ASB Superannuation Master Trust | 1373 | |||||||||||
| —specified member section1 | ✓ | |||||||||||
| —ordinary member section2 | ✓ | |||||||||||
| —trustee member section3 | ✓ | |||||||||||
| Ascot | 1882 | ✓ | ||||||||||
| Asteron Retirement Plus Personal Superannuation Plan | 1096 | ✓ | ||||||||||
| Asteron Superplan | 640 | ✓ | ||||||||||
| Automobile Association (Canterbury) Incorporated Staff Superannuation Plan | 7143 | ✓ | ✓ | |||||||||
| Bank of New Zealand Officers’ Provident Association | 3413 | ✓ | ||||||||||
| Baptist Union Superannuation Scheme | 3423 | ✓ | ||||||||||
| Beca Group Superannuation Plan | 3478 | ✓ | ✓ | |||||||||
| Beca Super Scheme | 1669 | ✓ | ✓ | |||||||||
| BIC (NZ) Limited Superannuation Scheme | 6846 | ✓ | ✓ | |||||||||
| BIL NZ Group Pension Plan | 3631 | ✓ | ✓ | |||||||||
| BOC New Zealand Retirement Plan | 527 | ✓ | ✓ | |||||||||
| Bostik NZ DB Superannuation Fund | 716 | ✓ | ✓ | |||||||||
| BP New Zealand Retirement Plan | 3602 | ✓ | ✓ | |||||||||
| Britannia Superannuation Scheme | 1353 | ✓ | ||||||||||
| Britannia Superannuation Scheme 2012 | 1930 | ✓ | ||||||||||
| Carter Holt Harvey Retirement Plan | 2266 | ✓ | ✓ | |||||||||
| Colgate-Palmolive Limited Superannuation Plan | 7375 | ✓ | ✓ | |||||||||
| Commercial Union General Insurance Staff Pension Scheme | 4000 | ✓ | ✓ | |||||||||
| Craigs Investment Partners Superannuation Scheme | 1642 | |||||||||||
| —employer section4 | ✓ | |||||||||||
| —individual member section5 | ✓ | |||||||||||
| Dairy Industry Superannuation Scheme | 4126 | ✓ | ✓ | |||||||||
| Defence Force Superannuation Scheme | 1331 | ✓ | ||||||||||
| Deloitte Retirement Plan | 1181 | ✓ | ✓ | |||||||||
| DIC New Zealand Superannuation Scheme | 3947 | ✓ | ✓ | |||||||||
| Douglas Pharmaceuticals Limited Staff Superannuation Scheme | 9762 | ✓ | ✓ | |||||||||
| EDS (New Zealand) Staff Superannuation Fund | 4139 | ✓ | ✓ | |||||||||
| Employee Retirement Plan | 1423 | ✓ | ✓ | |||||||||
| Evergreen Retirement Trust | 1924 | ✓ | ||||||||||
| Fairfax New Zealand Retirement Fund | 351 | ✓ | ✓ | |||||||||
| Fairfax NZ Senior Executive Superannuation Scheme | 5777 | ✓ | ✓ | |||||||||
| Fidelity Super-Super Plan, Number 3 | 1052 | ✓ | ||||||||||
| Fisher Funds LifeSaver Plan | 1121 | |||||||||||
| —workplace savings section6 | ✓ | |||||||||||
| —individual investor section5 | ✓ | |||||||||||
| Fletcher Building Retirement Plan | 8985 | ✓ | ✓ | |||||||||
| Fonterra Superannuation Scheme | 743 | ✓ | ✓ | |||||||||
| Foodstuffs Provident Fund | 5154 | ✓ | ✓ | |||||||||
| Foodstuffs (Wellington) Co-operative Society Limited Superannuation Scheme | 3760 | ✓ | ✓ | |||||||||
| Ford Motor Company of New Zealand Limited Pension Fund | 6238 | ✓ | ✓ | |||||||||
| FreedomPlan | 1098 | ✓ | ||||||||||
| Fuji Xerox New Zealand Superannuation Plan | 1346 | ✓ | ✓ | |||||||||
| Future Lifestyle Plan | 6166 | ✓ | ||||||||||
| FuturePlan | 410 | ✓ | ||||||||||
| GBP International Superannuation Scheme | 1960 | ✓ | ||||||||||
| Glaxo New Zealand Pension Plan | 5360 | ✓ | ✓ | |||||||||
| GMI Superannuation Scheme | 1758 | |||||||||||
| —employer section7 | ✓ | |||||||||||
| —legacy section8 | ✓ | |||||||||||
| Goodman Fielder (NZ) Retirement Plan | 4760 | ✓ | ✓ | |||||||||
| Guardian Assurance Superannuation Plan | 5431 | ✓ | ✓ | |||||||||
| Heinz-Wattie Pension Plan | 991 | ✓ | ✓ | |||||||||
| Holcim (New Zealand) Limited Superannuation Fund | 2234 | ✓ | ✓ | |||||||||
| Holden New Zealand Limited Pension Plan | 1499 | ✓ | ✓ | |||||||||
| i-Select Superannuation Scheme | 1953 | ✓ | ||||||||||
| IBM New Zealand Limited Pension Scheme | 5773 | ✓ | ✓ | |||||||||
| Imperial New Zealand Superannuation Fund | 4889 | ✓ | ✓ | |||||||||
| Inland Revenue Department Superannuation Scheme | 1027 | ✓ | ✓ | |||||||||
| Investor Choice Superannuation Scheme | 1794 | ✓ | ||||||||||
| IRIS Super | 686 | ✓ | ||||||||||
| Johnson & Johnson (New Zealand) Limited Staff Pension Plan | 5939 | ✓ | ✓ | |||||||||
| KPMG Retirement Savings Plan | 1066 | ✓ | ✓ | |||||||||
| Lion Employee Benefit Plan | 2324 | ✓ | ✓ | |||||||||
| Local Government Superannuation Scheme | 1527 | ✓ | ✓ | |||||||||
| Maritime Retirement Scheme | 3390 | ✓ | ||||||||||
| Marsh & McLennan New Zealand Superannuation Scheme | 5176 | ✓ | ✓ | |||||||||
| Meat Industry Superannuation Scheme | 823 | ✓ | ✓ | |||||||||
| Medical Assurance Society Retirement Savings Plan | 1086 | |||||||||||
| —workplace savings section9 | ✓ | |||||||||||
| —individual section10 | ✓ | |||||||||||
| Mercer (NZ) Retirement Plan | 8949 | ✓ | ✓ | |||||||||
| Mercer Super Trust | 1320 | |||||||||||
| —Section A of the DC Division11 | ✓ | |||||||||||
| —Section B of the DC Division12 | ✓ | |||||||||||
| MFL Mutual Fund | 2282 | ✓ | ||||||||||
| Mobil Employee Retirement and Benefits Plan | 1825 | ✓ | ✓ | |||||||||
| National Mutual Goldline Series Superannuation Scheme | 770 | ✓ | ||||||||||
| National Mutual Individual Lump Sum Superannuation Scheme | 6974 | ✓ | ||||||||||
| National Mutual Individual Pension Superannuation Scheme | 6973 | ✓ | ||||||||||
| Nestlé New Zealand Pension Fund | 6652 | ✓ | ✓ | |||||||||
| New Zealand Anglican Church Pension Fund | 2022 | ✓ | ||||||||||
| New Zealand Automobile Association Incorporated Superannuation Scheme | 923 | ✓ | ✓ | |||||||||
| New Zealand Fire Service Superannuation Scheme | 6231 | ✓ | ✓ | |||||||||
| New Zealand Harbours Superannuation Plan | 224 | ✓ | ||||||||||
| New Zealand Post Superannuation Scheme | 6206 | ✓ | ✓ | |||||||||
| New Zealand Refining Company Pension Fund | 2301 | ✓ | ✓ | |||||||||
| New Zealand Retirement Trust | 1200 | |||||||||||
| —workplace savings section13 | ✓ | |||||||||||
| —personal section5 | ✓ | |||||||||||
| New Zealand Steel Pension Fund | 2310 | ✓ | ✓ | |||||||||
| NZ Endeavour Fund | 1911 | ✓ | ||||||||||
| Orica New Zealand Limited Retirement Plan | 5775 | ✓ | ✓ | |||||||||
| Otis NZ Superannuation Plan | 9280 | ✓ | ✓ | |||||||||
| Peat Marwick Mitchell (Auckland) Superannuation Fund | 9208 | ✓ | ✓ | |||||||||
| Penrose Retirement Scheme | 1700 | ✓ | ||||||||||
| PGG Wrightson Employee Benefits Plan | 4883 | ✓ | ✓ | |||||||||
| Police Superannuation Scheme | 987 | ✓ | ✓ | |||||||||
| Portfolio Superannuation Fund | 6899 | ✓ | ||||||||||
| Presbyterian Church of Aotearoa New Zealand Beneficiary Fund | 2675 | |||||||||||
| —Part C open defined benefit section | ✓ | |||||||||||
| —Part B closed defined benefit section | ✓ | |||||||||||
| Reckitt & Coleman New Zealand Pension Fund | 2776 | ✓ | ✓ | |||||||||
| Reed Elsevier New Zealand Superannuation Scheme | 3741 | ✓ | ✓ | |||||||||
| Renold New Zealand Limited Superannuation Plan | 7745 | ✓ | ✓ | |||||||||
| Reserve Bank of New Zealand Staff Superannuation and Provident Fund | 2817 | ✓ | ✓ | |||||||||
| RIG Superannuation Fund | 2917 | ✓ | ✓ | |||||||||
| Rio Tinto New Zealand Retirement Fund | 1192 | ✓ | ✓ | |||||||||
| Sealed Air (New Zealand) Superannuation Fund | 5336 | ✓ | ✓ | |||||||||
| Shell New Zealand Pension Plan | 3037 | ✓ | ✓ | |||||||||
| SIFCO Distributors Limited Superannuation Trust Fund | 4398 | ✓ | ✓ | |||||||||
| SIL Mutual Fund Employer Lump Sum Scheme | 6293 | ✓ | ||||||||||
| SIL Mutual Fund Personal Lump Sum Scheme | 6288 | ✓ | ||||||||||
| Smith & Nephew Limited Superannuation Scheme | 3100 | ✓ | ✓ | |||||||||
| Southern Cross Building Society Staff Superannuation Scheme | 1160 | ✓ | ✓ | |||||||||
| Sovereign Staff Retirement Fund | 3980 | ✓ | ✓ | |||||||||
| Suncorp New Zealand Superannuation Scheme | 1363 | ✓ | ✓ | |||||||||
| Super Trustee Fund | 1837 | ✓ | ||||||||||
| Superannuation Master Trust | 1365 | ✓ | ||||||||||
| Superbond 2000 Retirement Plan | 433 | ✓ | ||||||||||
| SuperLife | 1068 | |||||||||||
| —SuperLife workplace savings section6 | ✓ | |||||||||||
| —SuperLife legacy section14 | ✓ | |||||||||||
| Supernumerary Fund of the Methodist Church of New Zealand | 1772 | ✓ | ||||||||||
| The Asteron Superannuation Fund | 9958 | ✓ | ||||||||||
| The Church of Jesus Christ of Latter-Day Saints Deseret Benefit Plan of New Zealand | 9576 | ✓ | ||||||||||
| The Colonial Motor Company Limited Staff Superannuation Fund | 7284 | ✓ | ✓ | |||||||||
| The IVCM (NZ) PIE Superannuation Fund | 1865 | ✓ | ||||||||||
| The Retire Fund | 791 | |||||||||||
| —participating party section | ✓ | |||||||||||
| —private member section | ✓ | |||||||||||
| The Salvation Army Lay Workers Superannuation Plan | 8834 | ✓ | ✓ | |||||||||
| The Salvation Army New Zealand Officers’ Superannuation Scheme | 2042 | ✓ | ||||||||||
| The Tasman-Kaingaroa Employees Retirement Scheme | 6681 | ✓ | ✓ | |||||||||
| The United Distillers (NZ) Limited Pension Fund | 4243 | ✓ | ✓ | |||||||||
| Todd Group Pension Plan Trust | 4474 | ✓ | ✓ | |||||||||
| Toyota New Zealand Group Pension Plan | 4018 | ✓ | ✓ | |||||||||
| Unilever New Zealand Superannuation Scheme | 1241 | ✓ | ✓ | |||||||||
| UNISAVER New Zealand | 981 | ✓ | ✓ | |||||||||
| Unisys New Zealand Employees Retirement Income Fund | 3722 | ✓ | ✓ | |||||||||
| Vero and Asteron New Zealand Staff Pension Scheme | 3356 | ✓ | ✓ | |||||||||
| Westpac New Zealand Staff Superannuation Scheme | 7436 | ✓ | ✓ | |||||||||
| Westpac Retirement Plan | 9390 | ✓ | ||||||||||
| Whitcoulls Group Pension Fund | 2938 | ✓ | ✓ | |||||||||
| Winstone Pulp International Superannuation Plan | 461 | ✓ | ||||||||||
| Works Superannuation Scheme | 486 | ✓ | ✓ | |||||||||
| Wrightson Retirement Scheme | 1090 | ✓ | ✓ | |||||||||
| Wrigley Company (NZ) Limited Retirement Income Scheme | 4938 | ✓ | ✓ |
| Notes |
| 1 Section that accepts contributions from participating employers who have signed an admission deed and from their employee members |
| 2 Section that accepts contributions only from individual or joint natural persons who are members on the effective date |
| 3 Section that accepts contributions only from persons who are trustees or managers of a scheme and who are members on the effective date |
| 4 Section that accepts contributions only from participating employers who have signed a participating agreement and from members associated with a participating employer |
| 5 Section that accepts contributions only from natural persons who are members on the effective date |
| 6 Section that accepts contributions only from participating employers who have signed a participation agreement or deed |
| 7 Section that admits as members (both in its conditions of entry of scheme participants and in the way those conditions are applied on entry) only either or both of the following: (i) eligible individuals (within the meaning of section 130 of the Act); and (ii) persons who are the trustees or managers of a retirement scheme |
| 8 Section that accepts contributions only from members of the scheme (other than members of the employer section) on the effective date who are individuals or the trustees or managers of a retirement scheme |
| 9 Section that accepts contributions only from members who join on or after the effective date |
| 10 Section that accepts contributions only from members who join before the effective date |
| 11 Section that accepts contributions from participating employers who have signed a participation deed and from members associated with a participating employer |
| 12 Section that is closed to new members on and from the effective date but in respect of which contributions may be accepted in respect of existing members |
| 13 Section that: (i) admits as members (both in its conditions of entry of scheme participants and in the way those conditions are applied on entry) only either or both of the following: (A) eligible individuals (within the meaning of section 130 of the Act); and (B) persons who are the trustees or managers of a retirement scheme; and (ii) includes members admitted as eligible individuals who choose to remain as members of this section upon ceasing to be subject to the rules of the relevant employer agreement |
| 14 Section that accepts contributions only from designated employee members, individual members, spouse members, and myFutureFund members |
Schedule: amended, on 28 October 2016, by clause 4(1) of the Financial Markets Conduct (Designation of Restricted Schemes) Amendment Order 2016 (LI 2016/250).
Schedule: amended, on 28 October 2016, by clause 4(2) of the Financial Markets Conduct (Designation of Restricted Schemes) Amendment Order 2016 (LI 2016/250).
Michael Webster,
Clerk of the Executive Council.
Date of notification in Gazette: 1 September 2016.
Reprints notes
1 General
This is a reprint of the Financial Markets Conduct (Designation of Restricted Schemes) Order 2016 that incorporates all the amendments to that order as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Financial Markets Conduct (Designation of Restricted Schemes) Amendment Order 2016 (LI 2016/250)
Versions
Financial Markets Conduct (Designation of Restricted Schemes) Order 2016
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