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Regulations notified: 13 to 26 July 2012

The following regulations were notified in the New Zealand Gazette published on 26 July 2012:

Financial Reporting Act (Fisher & Paykel Finance Limited Group) Exemption Notice 2012 (SR 2012/184)
Made pursuant to section 4B of the Financial Reporting Act 1993.This notice, which comes into force on the day after the date of its notification in the Gazette and expires on the close of 30 June 2017, exempts certain subsidiaries of Fisher & Paykel Finance Limited (Fisher) from being issuers under section 4(1)(ba) of the Financial Reporting Act 1993 (the Act) by virtue of being recipients of money raised by Fisher from an offer of debt securities to the public. The Financial Markets Authority (FMA) considers that it is appropriate to grant the exemption because the conduit issuer provisions of the Act were introduced to require public reporting by entities that have the effective use of funds raised from the public, but which have structured themselves in such a way as to avoid being issuers under the Act; in the situation covered by this notice, investors will receive consolidated group reports that include all the financial information of the guaranteeing group; the consolidated group reports are a good indication of the financial position and performance of the group as a whole. Where there are intra-group guarantees, the risk of investment is spread across this reporting group; in these circumstances, FMA is satisfied that investors will have access to the information they require to evaluate the true risk of their investment and, in particular, to make an informed assessment of the guaranteeing group's financial position. This notice expires on the close of 30 June 2017.

Wildlife (Black Shag and Little Shag) Notice 2012 (SR 2012/185)
Made pursuant to section 6 of the Wildlife Act 1953. This notice comes into force on the 28th day after the date of its notification in the Gazette. Schedule 3 of the Wildlife Act 1953 lists wildlife that is protected unless the Minister of Conservation declares in a notice that specified wildlife may be hunted, killed, or possessed and the conditions on which it may be hunted, killed, or possessed. This notice specifies the circumstances in which a Fish and Game Council may hunt, kill, or possess a black shag or little shag. The circumstances are that the shag has injured a trout or salmon in the council's sports fish rearing facility or is within 200 metres of the facility. Clause 4 authorises a Fish and Game Council to hunt or kill a shag if the shag has injured a trout or salmon in a sports fish rearing facility and the shag is within 200 metres of the facility. Clause 5 requires the council, in killing the shag, to minimise the risk of harm to other wildlife. Clause 6 prohibits the council from selling the shag or any part of it. If the council kills a shag, clause 7 requires the council to retrieve the shag, notify the Director-General of Conservation, and, if required by the Director-General, freeze the shag and send it to the nearest office of the Department of Conservation. If the Director-General does not want the dead shag, the council must dispose of it. Clauses 8 and 9 require the council to keep records of every shag it kills and to give the records to the Director-General (if requested) and publish it in the council's annual report. Clause 10 revokes the Little Shag Notice 1955. This notice does not authorise the hunting, killing, or possession of a pied shag, which remains a protected species, or the possession of the nest or egg of a pied shag. Nor does it authorise any person other than a Fish and Game Council to hunt or kill a little shag or a black shag, or to possess a little shag or a black shag except where the council sends a dead shag to the Director-General of Conservation in accordance with clause 7(2)(c)(i). Activities provided for in this notice are subject to any other legal requirements such as those in the Animal Welfare Act 1999.

Commodity Levies (Asparagus) Order 2012 (SR 2012/186)
Made pursuant to section 4 of the Commodity Levies Act 1990. This order, which comes into force on 1 September 2012, revokes and replaces the Commodity Levies (Asparagus) Order 2006 (which expired on 22 June 2012). This order imposes a levy on asparagus planted in New Zealand for commercial purposes. The levy is payable to the New Zealand Asparagus Council Incorporated and is calculated on the basis of the area of land occupied by a commercial asparagus grower and planted in asparagus. The levy is intended to fund activities specifically related to asparagus, including research, promotion, and industry development. Unless earlier revoked, this order expires 6 years after it is made by virtue of section 13(1) of the Commodity Levies Act 1990.

Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2012 (SR 2012/187)
Made pursuant to section 650I(5) and (6) of the Local Government Act 1974.In relation to the use of the Crown-owned boating facilities in Lake Taupo, these regulations — omit some fees; and increase the remaining fees; and provide 1 new fee. The regulations come into force on 27 July 2012.

Layout Designs (Eligible Countries) Amendment Order 2012 (SR 2012/188)
Made pursuant to section 37 of the Layout Designs Act 1994. This order, which comes into force on 23 August 2012, amends the Layout Designs (Eligible Countries) Order 2000 (the principal order). The Schedule of the principal order lists entities that are party to an international agreement relating to the protection of layout designs, to which New Zealand is also a party, or that are subject to law that gives reciprocal protection to layout designs made or first commercially exploited in New Zealand. The principal order declares these entities to be eligible countries for the purposes of the Layout Designs Act 1994. Clause 4(1) of this order corrects references to countries already listed in the Schedule of the principal order to reflect changes in the official names of those countries. Clause 4(2) of this order adds to the Schedule of the principal order the names of countries that have joined the World Trade Organization.

Patents, Designs, and Trade Marks Convention Order 2012 (SR 2012/189)
Made pursuant to section 77 of the Patents Act 1953.This order, which comes into force on 23 August 2012, specifies the entities that are convention countries for the purposes of the Patents Act 1953, the Designs Act 1953, and the Trade Marks Act 2002. It brings up to date and replaces the list of convention countries in the Patents, Designs, and Trade Marks Convention Order 2000. The changes made to the 2000 order are as follows: countries that have signed the Paris Convention for the Protection of Industrial Property (Andorra, Bhutan, Comoros, Serbia, Seychelles, and Yemen) or joined the World Trade Organization (Cape Verde and Samoa) or both (Montenegro, Nepal, Saudi Arabia, and Tonga) are added; certain intellectual property offices and organisations in countries that are members of either the Paris Convention for the Protection of Industrial Property or the World Trade Organization are added; the reference to Bolivia is replaced with a reference to the Plurinational State of Bolivia; the reference to Equador is replaced with a reference to Ecuador; the reference to European Communities is replaced with a reference to the European Union; the reference to the Republic of Kyrgyzstan is replaced with a reference to the Kyrgyz Republic; the reference to the Netherlands (and Netherlands Antilles and Aruba) is replaced with a reference to the Kingdom of the Netherlands; the reference to Venezuela is replaced with a reference to the Bolivarian Republic of Venezuela. The order is in force in Tokelau by virtue of sections 6 and 7 of the Tokelau Act 1948, section 118 of the Patents Act 1953, section 50 of the Designs Act 1953, and section 86 of the repealed Trade Marks Act 1953.

Student Loan Scheme (Charitable Organisations) Amendment Regulations 2012 (SR 2012/190)
Made pursuant to section 215(b) of the Student Loan Scheme Act 2011. These regulations, which come into force on 1 September 2012, amend the Student Loan Scheme (Charitable Organisations) Regulations 2011 by adding Empower Missions Trust Incorporated and Troppodoc Charitable Trust to the list of charitable organisations for the purpose of the Student Loan Scheme Act 2011.

Student Loan Scheme (Details of Borrower's Contact Person) Regulations 2012 (SR 2012/191)
Made pursuant to section 215(i) of the Student Loan Scheme Act 2011 and section 11 of the Interpretation Act 1999. These regulations, which come into force on 1 January 2013, specify 2 additional pieces of information that a loan manager must notify to the Commissioner of Inland Revenue, to the extent that they are available, in a case where a borrower has advised the loan manager of the details of the borrower's contact person. The 2 additional pieces of information are the contact person's date of birth and the contact person's tax file number. These regulations come into force on the same day as new section 16A of the Student Loan Scheme Act 2011 comes into force. That section provides for notification of details about borrowers' contact persons.

Student Loan Scheme (Repayment Percentage) Regulations 2012 (SR 2012/192)
Made pursuant to section 215(c) of the Student Loan Scheme Act 2011. These regulations, which come into force on 1 April 2013, increase the repayment percentage from 10% to 12% for the purposes of the Student Loan Scheme Act 2011.

Wildlife (Mute Swan) Notice 2012 (SR 2012/193)
Made pursuant to section 6 of the Wildlife Act 1953. This notice, which comes into force on the 28th day after its notification in the Gazette, permits the possession of a mute swan or the egg of a mute swan in specified circumstances and on specified conditions. Wildlife listed in Schedule 3 of the Wildlife Act 1953 is protected except to the extent that the Minister of Conservation, by notice in the Gazette, authorises the hunting, killing, or possession of the wildlife.Clause 4 allows a person to possess a mute swan that is legally in the person's possession or the possession of another person when the notice comes into force, or that is injured and cannot recover adequately to survive in the wild, or that is the offspring of a captive mute swan. A person may possess the egg of a mute swan if the egg or the swan that laid the egg is legally in the possession of a person when the notice comes into force. Clause 5 provides that clauses 6 to 10 apply to a person who possesses a mute swan or the egg of a mute swan in accordance with clause 4. Clause 6 allows a person to restrict or prevent a mute swan from flying, but the person must comply with the Animal Welfare Act 1999 and any regulation or code of welfare that applies to the restriction or prevention of flight by birds. Clause 7 provides that a person may kill a mute swan only if the swan poses a health or safety risk to other creatures or is so sick or injured that it is necessary to kill the swan to end its suffering. Clause 8 prohibits the sale of a mute swan (whether dead or alive) and of any part of the swan or the eggs of a swan. Clause 9 requires the remains of a mute swan to be disposed of in a way that avoids or minimises the risk of disease or transmission of pests to other creatures. Clause 10 requires a person who wants to dispose of a live mute swan to give it to another person or inform the Director-General of Conservation. In addition to the requirements of this notice, it is an offence— to hunt, kill, or capture a mute swan living in the wild otherwise than in accordance with this notice (section 6(3) of the Wildlife Act 1953); to release a mute swan without the permission of the Director-General of Conservation (section 56 of the Wildlife Act 1953). Activities provided for in this notice are subject to any other legal requirements such as those in the Animal Welfare Act 1999.

Wildlife (Australasian Harrier) Notice 2012 (SR 2012/194)
Made pursuant to section 6 of the Wildlife Act 1953. This notice comes into force on the 28th day after the date of its notification in the Gazette. Schedule 3 of the Wildlife Act 1953 lists wildlife that is protected unless the Minister of Conservation declares in a notice that specified wildlife may be hunted, killed, or possessed and the conditions on which it may be hunted, killed, or possessed. This notice specifies the only circumstances in which an Australasian harrier may be hunted, killed, or possessed and the persons who may hunt, kill, or possess it. Clause 4 permits the hunting or killing of an Australasian harrier on land, and the possession of the Australasian harrier killed on the land, by— the occupier of the land if the harrier has injured or killed any absolutely protected wildlife that is the subject of work aimed at protecting, monitoring, rehabilitating, or providing feeding or breeding support; the occupier of the land if the harrier has injured or killed a domestic bird, a bird held in captivity, or a domestic animal; the occupier of the land if the harrier is a risk to the wildlife, birds, or animals described above, or a risk to aircraft; a person authorised by the occupier of land if the circumstances described above apply. Clause 5 permits a Fish and Game Council to hunt or kill an Australasian harrier on land, and to possess the Australasian harrier, if the harrier has injured or killed a game bird that the council has trapped, is attempting to trap, is holding in a pen or cage, or has released on land, or if the harrier is a risk to the game bird. Clause 6 requires a person who is authorised to hunt, kill, or possess an Australasian harrier to take reasonable steps to minimise the risk of harm to other wildlife. Clause 7 prohibits the sale of an Australasian harrier, or any part of the harrier, killed in accordance with this notice. Clause 8 requires a person who kills an Australasian harrier in specified circumstances to retrieve it, notify the Director-General of Conservation and, if required by the Director-General, to freeze the bird and send it to the Director-General. Activities provided for in this notice are subject to any other legal requirements such as those in the Animal Welfare Act 1999.

Securities Act (Registered Banks Futures Contracts) Exemption Amendment Notice 2012 (SR 2012/195)
Made pursuant to sections 70B and 70D of the Securities Act 1978. This notice, which comes into force on the day after the date of its notification in the Gazette, amends the Securities Act (Registered Banks Futures Contracts) Exemption Notice 2007 (the principal notice) to extend its expiry from 31 July 2012 to 31 May 2017. The Financial Markets Authority (FMA) considers it appropriate to grant the extension of expiry because— the principal notice, together with the Authorised Futures Dealers Notice (No. 3) 2007 (published in the Gazette on 7 June 2007, at page 1636) clarifies the regulatory treatment of certain derivative products, which gives registered banks greater certainty about their obligations when offering and dealing in these products. The principal notice has been in place for a number of years and the policy reasons for that notice remain valid and relevant. Consultation with market participants by the FMA has shown continued reliance on these exemptions; given the continuing validity and relevance of the principal notice, and the continued reliance on these exemptions, the FMA considers its extension will not cause significant detriment to subscribers, and that the exemptions are not broader than is reasonably necessary to address the matters that gave rise to the exemptions.

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Last updated on the 27th July 2012