Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836599688.pdf (New Zealand)
Reprint as at 8 September 2008 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 (SR 2006/150) 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).
Contents Title Commencement Expiry Interpretation Exemptions from sections 37, 37A, 38A, and 51 to 54B of Act and Regulations (except regulation 8) Conditions of exemptions Page 2 2 2 2 3 3 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.
The Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 is administered by the Securities Commission.

1 cl 1 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 Reprinted as at 8 September 2008 Notice Title This notice is the Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006.

Commencement This notice comes into force on its notiﬁcation in the Gazette.

Expiry This notice expires on the close of 30 June 2011.
Interpretation In this notice, unless the context otherwise requires,— Act means the Securities Act 1978 Fidelity means Fidelity Investment Funds ICVC, an open­ ended investment company that has been authorised by the Financial Services Authority under the FSMA and the Open­ Ended Investment Companies Regulations 2001 (UK) FSMA means the Financial Services and Markets Act 2000 (UK) Regulations means the Securities Regulations 1983 scheme— (a) means a scheme of arrangement pursuant to the FSMA and COLL 7.6 of the New Collective Investment Schemes Sourcebook contained in the Financial Ser­ vices Authority Handbook of Rules and Guidance; and includes all transactions and matters that are necessary or desirable in relation to the scheme referred to in para­ graph (a) (b) speciﬁed person means Fidelity and includes Fidelity Invest­ ment Services Limited, the authorised corporate director of Fi­ delity speciﬁed securities means securities issued by Fidelity in re­ spect of the Fidelity Global Special Situations Fund under a scheme.
1 2 3 4 (1) 2 Reprinted as at 8 September 2008 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 cl 6 (2) Any term or expression that is deﬁned in the Act or the Regu­ lations and used, but not deﬁned, in this notice has the same meaning as in the Act or the Regulations.
5 6 Exemptions from sections 37, 37A, 38A, and 51 to 54B of Act and Regulations (except regulation 8) Every speciﬁed person and every person acting on that per­ son’s behalf are exempted from sections 37, 37A, 38A, and 51 to 54B of the Act and the Regulations (except regulation 8) in respect of the speciﬁed securities.
Conditions of exemptions The exemptions in clause 5 are subject to the conditions that— the offer of the speciﬁed securities in New Zealand com­ (a) plies with— (i) (ii) the law of England and Wales; and any applicable code, rules, or other requirements relating to the offer in England and Wales; and (b) the document for the offer of the speciﬁed securities in New Zealand contains, or is accompanied by, prominent statements to the following effect: (i) (ii) (iii) that the offer of the speciﬁed securities is made in accordance with the law of England and Wales; and that the issuer of the speciﬁed securities may not be subject to New Zealand law, and contracts for the speciﬁed securities may not be enforceable in New Zealand courts; and that the document is not a prospectus registered under New Zealand law and may not contain all the information that a New Zealand registered prospectus is required to contain.
Dated at Wellington this 16th day of June 2006.

3 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 Reprinted as at 8 September 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 its notiﬁcation in the Gazette and expires on 30 June 2011, exempts Fidelity Investment Funds ICVC (Fidelity), Fidelity Investment Services Limited, and any per­ son acting on behalf of either of them, subject to conditions, from sections 37, 37A, 38A, and 51 to 54B of the Securities Act 1978 and from the Securities Regulations 1983 (except regulation 8).
The Securities Commission considers that it is appropriate to grant the exemptions because— • there are only a small number of Fidelity shareholders in New Zealand.
Full compliance with securities legislation require­ ments would impose costs that may be prohibitive to the offer being made to New Zealand shareholders: in circumstances where the offeror is complying with a statutory disclosure regime under the laws of a reputable home jurisdiction, insistence on additional disclosure under New Zealand legislation is likely to result in duplication, and may result in New Zealand shareholders being denied the opportunity to participate in the offer: the conditions of exemption require that the offer of the se­ curities in New Zealand complies with the law of England and Wales and warns investors that the document for the offer may not be subject to New Zealand law, that contracts for the se­ curities offered may not be enforceable in New Zealand courts, that the document is not a prospectus, and that the document • • 4 Reprinted as at 8 September 2008 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 may not contain all the information that a New Zealand regis­ tered prospectus is required to contain.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 20 June 2006.


5 Notes Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 Reprinted as at 8 September 2008 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent ﬁrst) General This is a reprint of the Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006.
The reprint incorpor­ ates all the amendments to the Securities Act (Fidelity Invest­ ment Funds ICVC) Exemption Notice 2006 as at 8 September 2008, as speciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact­ ment, in chronological order.
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 prin­ cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep­ aration of reprints.
For example, the enacting words are not 5 Notes 1 2 3 6 Reprinted as at 8 September 2008 Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 Notes 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/legislation/reprints.shtml or Part 8 of the Tables of 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 le­ gislation 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 au­ thority 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”) 7 • • • • Notes Securities Act (Fidelity Investment Funds ICVC) Exemption Notice 2006 Reprinted as at 8 September 2008 • • • • • • • 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 cross­references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap­ ital 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 ref­ erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accord­ ingly running heads (the information that appears at the top of each page) format of two­column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono­ logical).
List of amendments incorporated in this reprint (most recent ﬁrst) Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 5 12 8