Plain language law

New Zealand law explained for everyone

Companies Act 1993

Preliminary

3: Public notice

You could also call this:

“How companies must publicly announce important information”

When a company needs to give public notice about something, they have to publish it in the Gazette and in a local newspaper. The newspaper should be one that’s read in the area where the company does business or has its office.

For overseas companies operating in New Zealand, they need to do the same thing. They should publish the notice in the Gazette and in a newspaper that’s read where they do business in New Zealand.

There are some exceptions to these rules. The Registrar and the Secretary to the Treasury have different ways of giving public notice for certain things. When the Registrar needs to give public notice for specific matters, they only need to publish it in the Gazette. They also have to put a copy of this notice on their website for at least 20 working days.

The Secretary to the Treasury has a similar rule. When they need to give public notice for a specific matter, they only need to publish it in the Gazette. They also have to put a copy of this notice on the Treasury’s website for at least 20 working days.

These rules make sure that important information about companies is shared with the public in a way that’s easy to find and access.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319997.

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Part 1 Preliminary

3Public notice

  1. Where, pursuant to this Act, public notice must be given of any matter affecting a company, that notice must be given by publishing notice of the matter—

  2. in at least 1 issue of the Gazette; and
    1. in at least 1 issue of a newspaper circulating in the area in which is situated—
      1. the company's place of business; or
        1. if the company has more than 1 place of business, the company's principal place of business; or
          1. if the company has no place of business or neither its place of business nor its principal place of business is known, the company's registered office.

          2. Where, pursuant to this Act, public notice must be given of any matter affecting an overseas company, that notice must be given by publishing notice of the matter—

          3. in at least 1 issue of the Gazette; and
            1. in at least 1 issue of a newspaper circulating in the area in which is situated—
              1. the place of business in New Zealand of the overseas company; or
                1. if the overseas company has more than 1 place of business in New Zealand, the principal place of business in New Zealand of the overseas company.

                2. However, subsections (1) and (2) do not apply to the public notice required to be given—

                3. by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), 341(4)(b), and 360A(2)(b); and
                  1. by the Secretary to the Treasury under section 324(3).

                    1. The public notice required to be given by the Registrar under the provisions referred to in subsection (3)(a) must be given by publishing the notice in at least 1 issue of the Gazette.

                    2. The Registrar must ensure that a copy of the notice referred to in subsection (4) is available on an Internet site maintained by or on behalf of the Registrar, at all reasonable times, for a period of not less than 20 working days.

                    3. The public notice required to be given by the Secretary to the Treasury under the provision referred to in subsection (3)(b) must be given by publishing the notice in at least 1 issue of the Gazette.

                    4. The Secretary to the Treasury must ensure that a copy of the notice referred to in subsection (6) is available on an Internet site maintained by or on behalf of the Treasury, at all reasonable times, for a period of not less than 20 working days.

                    Notes
                    • Section 3(3): replaced, on , by section 23(1) of the Statutes Amendment Act 2019 (2019 No 56).
                    • Section 3(4): inserted, on , by section 4 of the Companies Amendment Act (No 2) 2010 (2010 No 53).
                    • Section 3(4): amended, on , by section 23(2) of the Statutes Amendment Act 2019 (2019 No 56).
                    • Section 3(5): inserted, on , by section 4 of the Companies Amendment Act (No 2) 2010 (2010 No 53).
                    • Section 3(6): inserted, on , by section 23(3) of the Statutes Amendment Act 2019 (2019 No 56).
                    • Section 3(7): inserted, on , by section 23(3) of the Statutes Amendment Act 2019 (2019 No 56).