ANAND SATYANAND, Governor-General
ORDER IN COUNCIL
At Wellington this 25th day of August 2008
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL
Pursuant to section 81 of the Reserve Bank of New Zealand Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister of Finance given in accordance with
a recommendation of the Reserve Bank, makes the following order.
O r d e r
1. Title—This order is the Registered Bank Disclosure Statement (Full and Half-Year—Overseas Incorporated Registered Banks) Order 2008 Amendment Order 2008.
2. Commencement—This order comes into force on 29 September 2008.
3. Principal order amended—This order amends the Registered Bank Disclosure Statement (Full and Half-Year—Overseas Incorporated Registered Banks) Order 2008*.
4. New Schedule 1 substituted—Schedule 1 is revoked and the Schedule 1 set out in the Schedule of this order is substituted:
Schedule
New Schedule 1 substituted
“Schedule 1
Information to be included in auditor’s report
1 Auditor’s report in respect of key information summary
The auditor’s report must state:
(a) that the key information summary has been examined by the auditor; and
(b) whether the key information summary has been completed in accordance with this order and whether the information contained in it has been properly taken, where applicable, from the information contained in the general disclosure statement; and
(c) the nature of the audit examination conducted in respect of information drawn from the general disclosure statement, and whether a qualified or unqualified opinion has been given in respect of that information.
2 Auditor’s report in respect of general disclosure statement: accounting period
The auditor’s report in respect of the general disclosure statement for an accounting period must state, with respect to the financial statements and supplementary information prepared in accordance with this order,—
(a) the work done by the auditor; and
(b) the scope and limitations of the audit; and
(c) the existence of any relationship (other than that of auditor) which the auditor has with, or interest the auditor has in, the registered bank and any associated person of the registered bank; and
(d) whether the auditor has obtained all the information and explanations that the auditor has required; and
(e) whether, in the auditor’s opinion, as far as appears from an examination of them, proper accounting records have been kept by the registered bank and the banking group; and
(f) whether, in the auditor’s opinion, the financial statements of the registered bank and the banking group comply with generally accepted accounting practice, and if they do not, the respects in which they fail to comply; and
(g) whether, in the auditor’s opinion (where applicable), the supplementary information has been prepared in accordance with guidelines issued under section 78(3) of the Act (if any) or any conditions of registration, and is in accordance with the books and records of the registered bank and the banking group; and
(h) whether, in the auditor’s opinion, and having regard to any information or explanations that may have been added by the registered bank under sections 11(2) and 14(2) of the Financial Reporting Act 1993, the financial statements of the registered bank and the banking group give a true and fair view of the matters to which they relate and, if they do not, the respects in which they fail to give such a view; and
(i) whether, in the auditor’s opinion, the supplementary information that is required to be disclosed under Schedules 4 and 6 to 8 and clauses 19 and 20 of Schedule 3 (as applicable) fairly states the matters to which it relates in accordance with those Schedules and, if it does not, the respects in which it fails to fairly state those matters; and
(j) whether, in the auditor’s opinion, the supplementary information relating to credit and market risk exposures and capital adequacy that is required to be disclosed under Schedule 5 is in all material respects prepared in accordance with Capital Adequacy Framework (Basel I Approach) (BS2) and Capital Adequacy Framework (Standardised Approach) (BS2A) and disclosed in accordance with Schedule 5.
3 Auditor’s report in respect of general disclosure statement: interim accounting period
The auditor’s report in respect of a general disclosure statement for an interim accounting period must meet the requirements of clause 2 or,—
(a) for financial statements prepared in accordance with clause 23 of this order, state—
(i) that the financial statements have been examined by the auditor; and
(ii) whether anything has come to the auditor’s attention which would cause the auditor to believe that the financial statements do not present a true and fair view of the matters to which they relate; and
(b) for supplementary information that is required to be disclosed under Schedules 4 and 6 to 8 and clauses 19 and 20 of Schedule 3 (as applicable), state—
(i) that the supplementary information has been examined by the auditor; and
(ii) whether anything has come to the auditor’s attention which would cause the auditor to believe that the supplementary information does not fairly state the matters to which it relates in accordance with those Schedules; and
(c) for supplementary information relating to credit and market risk exposures and capital adequacy that is required to be disclosed under Schedule 5, state—
(i) that the supplementary information has been examined by the auditor; and
(ii) whether anything has come to the auditor’s attention which would cause the auditor to believe that the supplementary information is not in all material respects prepared in accordance with Capital Adequacy Framework (Basel I Approach) (BS2) and Capital Adequacy Framework (Standardised Approach) (BS2A) and disclosed in accordance with Schedule 5.”
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REBECCA KITTERIDGE, Clerk of the Executive Council.
Explanatory Note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 29 September 2008 amends the Registered Bank Disclosure Statement (Full and
Half-Year—Overseas Incorporated Registered Banks) Order 2008* by substituting a new Schedule 1, which relates to information to be included in the auditor’s report.
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This order is administered by the Reserve Bank of New Zealand.
*Supplement to New Zealand Gazette, 27 February 2008, No. 40, at page 1054