Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847608798.pdf (New Zealand)
2009/122 Securities Act (Asian Development Bank) Exemption Notice 2009 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 33(2), 37, 51, 52, 54, and 54B(3) of Act Condition of exemptions in clause 5 Page 1 1 1 1 2 2 Notice Title This notice is the Securities Act (Asian Development Bank) Exemption Notice 2009.
Commencement This notice comes into force on the day after the date of its notiﬁcation in the Gazette.

Expiry This notice expires on the close of 31 March 2014.
(1) Interpretation In this notice, unless the context otherwise requires,— 1 cl 5 Securities Act (Asian Development Bank) Exemption Notice 2009 2009/122 Act means the Securities Act 1978 ADB means the Asian Development Bank of which the New Zealand Government is a member under the International Finance Agreements Amendment Act 1966 ADB information means the ADB’s most recent information statement, annual report, speciﬁed ﬁnancial statements, and unaudited quarterly ﬁnancial statements information statement means a statement prepared each year as at the ADB’s balance date that contains a summary of the ADB’s capital, operations, administration, and legal status Regulations means the Securities Regulations 1983 securities registrar means the registrar appointed from time to time by the ADB in New Zealand in respect of the speciﬁed securities speciﬁed ﬁnancial statements means the audited annual ﬁ­ nancial statements of the ADB that comply with the conditions in clause 7 of the Financial Reporting Act (Asian Development Bank) Exemption Notice 2009 speciﬁed securities means debt securities issued under the ADB’s New Zealand medium­term note programme or under any successor to that programme.
(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.

Exemptions from sections 33(2), 37, 51, 52, 54, and 54B(3) of Act The ADB and every person acting on its behalf are exempted from sections 33(2), 37, 51, 52, 54, and 54B(3) of the Act in respect of the speciﬁed securities.
Condition of exemptions in clause 5 The exemptions in clause 5 are subject to the condition that the investment statement that relates to the speciﬁed securities— contains a statement to the effect that copies of the ADB (a) information are available on request, without fee, from the ADB or from the securities registrar; and 5 6 2 2009/122 Securities Act (Asian Development Bank) Exemption Notice 2009 Statement of reasons (b) sets out how copies of the ADB information may other­ wise be obtained, whether from a speciﬁed Internet or intranet site operated by or on behalf of the ADB or otherwise.
Dated at Wellington this 5th day of May 2009.

The Common Seal of the Securities Commission was afﬁxed in the presence of: [Seal] J Diplock, Chairperson.

Statement of reasons This notice comes into force on the day after the date of its notiﬁca­ tion in the Gazette and expires on 31 March 2014.

The notice exempts the Asian Development Bank (ADB) from sec­ tions 33(2), 37, 51, 52, 54, and 54B(3) of the Securities Act 1978 in relation to debt securities issued by the ADB.
The Securities Commission considers that the exemptions are appro­ priate for the following reasons: • the exemptions allow the ADB to extend offers of secur­ ities under its debt issuance programme to investors in New Zealand using offer documents prepared in accordance with United States federal law.

The exemptions recognise the international character of the ADB and the disclosure re­ quirements of United States securities laws.
The ﬁnancial 3 Securities Act (Asian Development Bank) Exemption Notice 2009 2009/122 information provided by the ADB under the terms of the exemptions, together with the investment statement provided under New Zealand law, will enable New Zealand investors to make an informed investment decision: in these circumstances, the cost of full compliance with the Se­ curities Act 1978 would outweigh any additional beneﬁt such compliance would provide.
• Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 7 May 2009.

This notice is administered by the Securities Commission.

12 4 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009