61The LAC co nsiders that a document may be app ropriate for incorp oratio n if
the document is long or complex, covers technical matters only, and few persons are likely
to be affected
the document has been agreed with a fore ign governm ent, and canno t easily be recast into
an Act or delegated legislation
it is appropriate for the document to be formulated by a specialist governmen t or inter-
government agency or private sector organisation, rather than by Parliament of Ministers
the document has been developed by an organisation for use in relation to a product (for
exam ple, motor vehicles) manufacture d by it.
See Part 6 and Appendix 4 Legislation Advisory Committee Guidelines 2003 Supplement to 2001 Edition.
40
and to ensure that there is proper consultation before material is incorporated, that
the incorporated material is accessible, and that the status of any amendments is
clear.61
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New Zealand securities law has several sources. A primary statute, the Securities
Act 1978, establishes a Securities Commission and defines its functions and powers,
specifies the principal instruments for making public offerings, sets out remedies
available to investors for material misstatements by issuers, enables the Commission
to take offer documents off the market, and confers wide regulation-making powers
for regulating advertising and the content of offer documents. It also gives the
Securities Commission an exemption power. Detailed regulations relate to securities
advertising and prescribe the information that must be included in different types of
offer document. A myriad of exemptions granted by the Commission alter the
application of the primary statute and the regulations in specific cases and also
generally.
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Legislation dealing with disclosure of market sensitive information by public
issuers, directors and officers of public issuers, and substantial security holders,
insider trading, the regulation of securities exchanges, and futures is contained in
another statute, the Securities Markets Act 1988 and in regulations made under it.
Regulation of takeovers is found in another statute, the Takeovers Act 1994, a code
made under that Act, the Takeovers Code 1999, and exemptions granted by the