Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Exercise of inspection and evidence powers for overseas regulators

31Q: Panel's consideration of requests

You could also call this:

"The Panel thinks about and decides on requests for help from overseas regulators."

Illustration for Takeovers Act 1993

The Panel can agree to a request under section 31P if they think it will not affect their other work. You need to consider if it is a good idea to agree to the request after thinking about important matters. The Minister must also approve the Panel's decision to agree to the request. The Minister can approve a particular request or a group of requests. When the Panel thinks about the request, they can consider things like whether they can get the information they need. They can also think about how much it will cost them to agree to the request. The Panel might think about whether the overseas regulator could get the information from somewhere else. They can consider if the overseas regulator's job is similar to theirs and if the regulator would help them if they needed it. The Panel can also think about if the request should be handled under the Mutual Assistance in Criminal Matters Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326158.

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31P: Power of Panel to act on requests of overseas regulators, or

"The Panel can help overseas regulators with their work."


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31R: Conditions that may be imposed on providing information to overseas regulators, or

"Rules for sharing information with overseas regulators"

Part 3Investigation and enforcement
Investigation and enforcement by Panel: Exercise of inspection and evidence powers for overseas regulators

31QPanel's consideration of requests

  1. The Panel may comply with a request under section 31P only if the Panel is satisfied that—

  2. compliance will not substantially affect the performance of its other functions; and
    1. it is appropriate to do so after taking into account any matters the Panel thinks relevant; and
      1. the Minister has given his or her approval for the Panel to comply with the request.
        1. The Minister's approval may relate to a particular request, or a class or classes of requests, specified by the Minister.

        2. The matters the Panel may take into account under subsection (1) include, without limitation,—

        3. whether the Panel is likely to be able to obtain the requested information, documents, or evidence:
          1. the cost to the Panel of complying with the request:
            1. whether the overseas regulator could more conveniently have the request satisfied from another source:
              1. the extent to which the functions of the overseas regulator correspond with the functions of the Panel:
                1. whether the overseas regulator would be likely to comply with a similar request made by the Panel and whether any arrangement with the overseas regulator to that effect exists:
                  1. whether, in the Panel's opinion, it would be more appropriate for the request to be dealt with under the Mutual Assistance in Criminal Matters Act 1992.
                    Notes
                    • Section 31Q: inserted, on , by section 33 of the Takeovers Amendment Act 2002 (2002 No 45).