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Takeovers Act 1993

Investigation and enforcement - General

44V: Persons entitled to appear before court

You could also call this:

"Who can go to court to have their say"

Illustration for Takeovers Act 1993

You can appear in court if you are the person making the application. You can also appear if you are the Panel. The court will listen to the licensed market operator if the company's financial products are quoted on their market. You can appear in court if you are the code company. You can also appear if you might suffer loss because of something the code company did. The court will listen to you if you held financial products in the code company when something happened. You can appear in court if you made an offer to buy financial products in the code company. The court will also listen to you if you were told to be given notice of the application. You can appear in court if the court says you can, even if you are not one of the above people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326746.

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Part 3Investigation and enforcement
General

44VPersons entitled to appear before court

  1. The following persons are entitled to appear and be heard at the hearing of an application to the court under this Part:

  2. the applicant:
    1. the Panel:
      1. if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator:
        1. the code company:
          1. a person who is alleged to have suffered, or to be likely to suffer, loss or damage because of an alleged contravention of this Act or the takeovers code (whether that person or another person makes the allegation):
            1. a person who was a financial product holder of the code company at the time that the conduct to which the application relates occurred:
              1. a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products in the code company in accordance with the takeovers code:
                1. a person directed to be given notice of the application:
                  1. with the leave of the court, any other person.

                    Notes
                    • Section 44V: inserted, on , by section 24 of the Takeovers Amendment Act 2006 (2006 No 48).
                    • Section 44V(c): replaced, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                    • Section 44V(d): amended, on , by section 19(2) of the Takeovers Amendment Act 2010 (2010 No 88).
                    • Section 44V(f): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                    • Section 44V(f): amended, on , by section 19(2) of the Takeovers Amendment Act 2010 (2010 No 88).
                    • Section 44V(g): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                    • Section 44V(g): amended, on , by section 19(2) of the Takeovers Amendment Act 2010 (2010 No 88).