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Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Panel's powers for receiving evidence

31N: Power to summon witnesses

You could also call this:

"The Panel can ask you to attend a meeting to answer questions and provide information."

Illustration for Takeovers Act 1993

You can be asked to go to a meeting with the Panel. They might ask you to give evidence or provide documents. You might have to answer questions under oath. You will get a written summons to attend the meeting. It will say when and where to go, and what to bring. The summons will also tell you that you can ask to give evidence at a Panel meeting. It will remind you of the penalty for not attending, which is explained in section 44. The summons will be given to you in person, or left at your home or work. For a company, it will be left at their office. You will get it at least 24 hours before you have to attend.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326147.

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Part 3Investigation and enforcement
Investigation and enforcement by Panel: Panel's powers for receiving evidence

31NPower to summon witnesses

  1. A member of the Panel may issue a summons to a person requiring that person to appear (in the case of a body corporate, to appear by its authorised representative) before the Panel, or a member, officer, or employee of the Panel, in relation to any matter before the Panel and to do any of the following things:

  2. give evidence:
    1. give evidence under oath:
      1. provide any documents or information that are in the person's possession or control and that are relevant to the matter.

        1. The summons must be in writing, be signed by a member of the Panel, and state—

        2. the date and time when, and the place where, the person must attend; and
          1. the documents or information that the person is required to provide (either generally, specifically, or by class, nature, content, or effect); and
            1. the person's right to request that the person give evidence at a meeting of the Panel; and
              1. the penalty for failing to attend under section 44.

                1. A summons may be served,—

                2. in the case of a natural person, by delivering it personally to the person summoned or by leaving it at his or her usual place of residence or business at least 24 hours before his or her attendance is required:
                  1. in the case of a body corporate, by leaving it at the body corporate's usual place of business at least 24 hours before its attendance is required.

                    Compare
                    Notes
                    • Section 31N: inserted, on , by section 33 of the Takeovers Amendment Act 2002 (2002 No 45).
                    • Section 31N(1): replaced, on , by section 10(1) of the Takeovers Amendment Act 2006 (2006 No 48).
                    • Section 31N(2)(c): amended, on , by section 10(2) of the Takeovers Amendment Act 2006 (2006 No 48).
                    • Section 31N(3): replaced, on , by section 10(3) of the Takeovers Amendment Act 2006 (2006 No 48).