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New Zealand Securities Commission - The Bulletin: July 2003

Commission Members

The Commission is losing its two longest serving Members. Liz Hickey completed 11 years' service in May and Michael Webb will retire, also after 11 years, in August.

"We are very grateful to both Liz Hickey and Michael Webb for the years of dedication and commitment they have given the Commission," Chairman Jane Diplock said. "Their special skills and generosity with their time have been invaluable."

The Minister of Commerce, Hon Lianne Dalziel, has announced the appointments to the Commission of Mai Chen and Keitha Dunstan and the re-appointments of Falcon Clouston and Lloyd Kavanagh.

Keitha Dunstan is a research professor at the School of Accounting and Commercial Law and the founding director of the Centre for Accounting, Governance and Taxation Research at Victoria University of Wellington. Her combination of academic, professional and research expertise will enable her to contribute a range of perspectives to the work of the Commission. Her appointment is for five years.

Mai Chen is a well known academic and practising constitutional lawyer. She is a foundation partner of Australasia's first public law specialist practice, Chen Palmer & Partners, which she co-founded in 1994. Her extensive public law expertise and experience in advising a wide range of corporate clients on the interface between commercial law and public law will bring to the Commission valuable perspectives on governance and on the impact of regulation on business. Ms Chen has particular strengths in policy and law reform. Her appointment is for five years

Contributory mortgage broker
General Mortgage removed

General Mortgage Limited, a Christchurch company, has been ordered to cease to act as a contributory mortgage broker and Crichton Horne & Associates Mortgage Brokers Limited have been appointed to act as broker in its place.

The Commission removed Clinton John Rains as director of General Mortgage Nominees Limited, and appointed David Crichton and Keiran Horne as directors in his place. General Mortgage is prohibited from offering contributory mortgages to the public for two years.

"General Mortgage has failed to meet the standards of care and governance

expected from those who raise funds from the public," Chairman Jane Diplock said. "It has repeatedly failed to comply with the law, including requirements to prepare and file financial statements on time and to provide information to investors."

The Commission considered Mr Rains had a significant conflict

(continued page 2)

Falcon Clouston is a business consultant and company director. Previously he was a member of the New Zealand Stock Exchange and a director of sharebroking firm Credit Suisse First Boston NZ Securities. He has had 20 years experience as a sharebroker, and considerable experience as a company director. Mr Clouston has been a Member of the Securities Commission since 1995 and is reappointed for two years.

Lloyd Kavanagh is a Wellington-based barrister and solicitor. He is the general counsel for New Zealand Milk Limited and a director of Soprole SA. Mr Kavanagh brings insights into New Zealand's primary industries, the structure and operation of international trade and regulatory regimes, and an understanding of the governance issues facing large corporations in New Zealand and overseas. He has been a Member of the Securities Commission since 1999 and is re-appointed for four years.

Corporate governance

The Minister of Commerce, Hon Lianne Dalziel, has asked the Commission to take a leadership role in developing a set of corporate governance principles tailored to New Zealand's specific needs.

The objective is to achieve an agreed set of principles of corporate governance appropriate for this country, which also recognises the need to conform to international best practice.

The Commission will shortly be seeking direct input into developing the principles from a wide range of interested parties. The process for this will be published on www.seccom.govt.nz. To be sure of immediate information on this, visit the website and register to receive email alerts to new items.


ALSO IN THIS ISSUE:
  • Exemptions - an option for issuers
  • Statutory management for buy-back schemes
  • FSAP assessment of New Zealand
  • Morgan Price in Court

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THE BULLETIN July 2003

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