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Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Panel's powers of inspection

31B: Power to request or approve Registrar or authorised person to inspect documents

You could also call this:

"The Panel can ask to look at documents to check if rules are being followed."

Illustration for Takeovers Act 1993

The Panel can ask the Registrar or someone the Panel or Registrar chooses to look at documents. They can do this according to sections 31BA and 31BB. The Panel can ask them to do things listed in section 31A(1). The Panel can ask for a specific case or a group of cases to be looked at. If the Registrar or someone they choose does something from section 31A(1), it is proof that the Panel asked for it, unless someone can show otherwise. This rule still applies even if it seems to contradict section 73 of the Crown Entities Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM325893.

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Part 3Investigation and enforcement
Investigation and enforcement by Panel: Panel's powers of inspection

31BPower to request or approve Registrar or authorised person to inspect documents

  1. The Panel may, in accordance with sections 31BA and 31BB, request or approve the Registrar, or any other person authorised by the Panel or Registrar, to carry out an inspection by doing any of the things in section 31A(1).

  2. A request or approval under subsection (1) may relate to a particular case, or a class or classes of cases, specified by the Panel.

  3. The fact that the Registrar, or any person authorised by the Panel or Registrar, does, or attempts to do, any of the things in section 31A(1) is sufficient evidence that that inspection has been requested or approved by the Panel unless there is evidence to the contrary.

  4. This section applies despite section 73 of the Crown Entities Act 2004.

Notes
  • Section 31B: replaced, on , by section 22 of the Takeovers Amendment Act 2002 (2002 No 45).
  • Section 31B(4): inserted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).