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Limited Partnerships Act 2008

General - Registrar’s powers of inspection

78: Registrar’s powers of inspection

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"The Registrar can check limited partnerships are following the rules and have correct information."

Illustration for Limited Partnerships Act 2008

The Registrar is the person in charge of keeping track of limited partnerships. You can think of a limited partnership like a business with two types of owners. The Registrar has the power to check if the information they have about these businesses is correct. They can also check if the businesses are following the rules. The Registrar can ask people to confirm or correct information they have provided. They can also ask to see documents that are relevant to the business. If you do not comply with the Registrar's requests, you might get a fine of up to $10,000. The Registrar's powers do not affect the Tax Administration Act 1994 or the Data and Statistics Act 2022. You must not stop the Registrar from doing their job. The Registrar can look at documents that have information about the business, such as money or property. A relevant document is one that contains information about the limited partnership or its money and property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1139239.

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Part 2General
Registrar’s powers of inspection

78Registrar’s powers of inspection

  1. The Registrar or a person authorised by the Registrar may take any of the steps listed in subsection (2) for the purpose of—

  2. ascertaining whether information provided to the Registrar is correct; or
    1. ascertaining whether a limited partnership or a general partner of a limited partnership is complying, or has complied, with this Act; or
      1. ascertaining whether the Registrar should exercise any of his or her rights or powers under this Act; or
        1. detecting offences against this Act.

          1. The steps referred to in subsection (1) are the following:

          2. requiring a person, in relation to information provided to the Registrar, to—
            1. confirm that the information is correct; or
              1. correct the information:
              2. requiring a person, including a person carrying on the business of banking, to produce for inspection relevant documents within that person’s possession or control:
                1. inspecting and taking copies of relevant documents:
                  1. taking possession of relevant documents and retaining them for a reasonable time, for the purpose of taking copies.

                    1. When exercising the powers described in subsection (2)(aaa), the Registrar may specify—

                    2. a particular form in which the confirmation or correction must be provided; and
                      1. a date by which the confirmation or correction must be provided; and
                        1. whether the confirmation or correction must be verified by the production of original documents or certified copies of original documents or by a statutory declaration.

                          1. Nothing in this section limits or affects the Tax Administration Act 1994 or the Data and Statistics Act 2022.

                          2. A person must not obstruct or hinder the Registrar or a person authorised by the Registrar while exercising a power conferred by subsection (1).

                          3. Any person who fails to comply with a requirement under subsection (2) or acts in contravention of subsection (4) commits an offence and is liable on conviction to a fine not exceeding $10,000.

                          4. In this section, relevant document, in relation to a limited partnership, means a document that contains information relating to—

                          5. the limited partnership; or
                            1. money or other property that is, or has been, managed, supervised, controlled, or held in trust by or for the limited partnership.

                              Compare
                              Notes
                              • Section 78(1)(aaa): inserted, on , by section 24(1) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                              • Section 78(1)(b): amended, on , by section 24(2) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                              • Section 78(1)(c): inserted, on , by section 24(2) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                              • Section 78(2)(aaa): inserted, on , by section 24(3) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                              • Section 78(2A): inserted, on , by section 24(4) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                              • Section 78(3): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
                              • Section 78(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).