New Zealand Legislation: Regulations

8 Conditions of exemption in clause 7

• The exemption in clause 7 is subject to the conditions that—

  • (a) it is a term of the offer that, within 5 days of receiving a request from a person to whom the offer is made, Quayside will send, or ensure that there is sent, to that person—

    • (i) a copy of the most recent audited financial statements of Port of Tauranga Limited contained in Port of Tauranga Limited's most recent annual report that has been delivered to NZX; and

    • (ii) a copy of the most recent interim financial statements of Port of Tauranga Limited that have been delivered to NZX (if those interim statements are more recent than the most recent audited financial statements of Port of Tauranga Limited); and

  • (b) the registered prospectus and the investment statement relating to the offer each contain a statement that Quayside will, within 5 days of receiving a request from a person to whom the offer is made, send, or ensure that there is sent, to that person a copy of the financial statements referred to in paragraph (a); and

  • (c) Quayside has, prior to the date of registration of the registered prospectus relating to the offer, requested Port of Tauranga Limited to provide to it information that Port of Tauranga Limited considers should be disclosed under clauses 7(2), 9(1), 9(2), 10(1)(a), 11(2), 11(3), 12, 13, 15(3), 15(4), 16(2)(c)(i), 16(2)(d)(i), 17, 18, 20, and 41 of Schedule 1 of the Regulations, and that registered prospectus contains any information provided to Quayside by Port of Tauranga Limited in response to that request prior to that date of registration that would, but for the exemption in clause 7, be required to be contained in that prospectus.