Plain language law

New Zealand law explained for everyone

Companies Act 1993

Registrar of Companies

365: Registrar's powers of inspection

You could also call this:

“How the Registrar can check company information and compliance”

The Registrar of Companies or someone they allow can check information and make sure companies follow the rules. They can do this to:

  • Make sure the information given to them is correct
  • Check if companies and their directors are following the law
  • Decide if they need to use their powers
  • Find out if anyone has broken the law

If the Registrar thinks it’s important for everyone, they can:

  • Ask people to confirm if information is right or fix it if it’s wrong
  • Ask to see important papers, even from banks
  • Look at and copy important papers
  • Take important papers for a while to copy them
  • Keep papers if they think they show someone broke the law

When asking for information, the Registrar can say how and when it should be given, and if it needs to be proven true.

This law doesn’t change the Tax Administration Act 1994 or the Data and Statistics Act 2022.

The Registrar needs to talk to the Reserve Bank before checking a registered bank.

You’re not allowed to stop the Registrar from doing their job. If you don’t help or if you get in the way, you might be breaking the law and could be punished.

In this law, ‘company’ includes overseas companies. ‘Important papers’ means anything with information about the company or money or things the company looks after.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323213.

Topics:
Business > Industry rules
Business > Fair trading
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364: Notice by Registrar, or

“How the Registrar informs you about Companies Act matters”

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365A: Purpose of sections 365B to 365H, or

“Explaining why and how the Registrar can obtain company ownership information”

Part 20 Registrar of Companies

365Registrar's powers of inspection

  1. The Registrar or a person authorised by the Registrar may,—

  2. for the purpose of—
    1. ascertaining whether information provided to the Registrar is correct; or
      1. ascertaining whether a company or a director of a company 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; and
          2. if, in the Registrar's opinion, it is in the public interest to do so,—
              1. do any of the following:
            1. require a person, in relation to information provided to the Registrar, to—
              1. confirm that the information is correct; or
                1. correct the information; or
                2. require a person, including a person carrying on the business of banking, to produce for inspection relevant documents within that person's possession or control; or
                  1. inspect and take copies of relevant documents; or
                    1. take possession of relevant documents and remove them from the place where they are kept, and retain them for a reasonable time, for the purpose of taking copies; or
                      1. retain relevant documents for a period which is, in all the circumstances reasonable, if there are reasonable grounds for believing that they are evidence of the commission of an offence.

                        1. When exercising the powers described in subsection (1)(caaa) or (c), 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. The Registrar or a person authorised by the Registrar must consult with the Reserve Bank of New Zealand before exercising any of the powers conferred by subsection (1) if the purpose of exercising the power relates to a company that is a registered bank (within the meaning of section 2 of the Banking (Prudential Supervision) Act 1989).

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

                              4. Any person who—

                              5. fails to comply with a requirement under subsection (1)(caaa) or (c); or
                                1. acts in contravention of subsection (4)—
                                    1. commits an offence and is liable on conviction to the penalty set out in section 373(2).

                                  1. In this section,—

                                    company includes an overseas company

                                      relevant document, in relation to a company, means a document that contains information relating to—

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

                                        Compare
                                        • 1955 No 63 s 9A
                                        • 1983 No 53 s 3
                                        Notes
                                        • Section 365(1)(a)(iaa): inserted, on , by section 47(1) of the Companies Amendment Act 2014 (2014 No 46).
                                        • Section 365(1)(a)(i): amended, on , by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                        • Section 365(1)(a)(ii): amended, on , by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                        • Section 365(1)(a)(iii): amended, on , by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                        • Section 365(1)(caaa): inserted, on , by section 47(2) of the Companies Amendment Act 2014 (2014 No 46).
                                        • Section 365(1A): inserted, on , by section 47(3) of the Companies Amendment Act 2014 (2014 No 46).
                                        • Section 365(2): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
                                        • Section 365(2): amended, on (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
                                        • Section 365(3): amended, on , by section 300(1) of the Reserve Bank of New Zealand Act 2021 (2021 No 31).
                                        • Section 365(5)(a): amended, on , by section 47(4) of the Companies Amendment Act 2014 (2014 No 46).
                                        • Section 365(5)(b): amended, on , by section 44 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).