Apata Limited and Group

Securities Act Exemption Notice information
Apata Limited (“the Company” or “the issuer”) has been
granted a Securities Act (Apata Limited) Exemption Notice 2006
by the Securities Commission (“the Exemption Notice”). The
Exemption Notice was gazetted on 27 July 2006 and expires on
27 July 2011.
The Exemption Notice grants the Company exemptions,
subject to conditions, from sections 37A(1)(c) and 54 of the
Securities Act 1978 and clauses 4 to 9, 11 to 20, 22 to 38, and
40 to 42 of Schedule 1 of the Securities Regulations 1983 (“the
Regulations”).
The exemption in clause 5(c) of the Exemption Notice is subject
to the condition that the information required by clauses
4, 5A, 6, 7, 12 to 14, 17, 18, 20, and 42 of Schedule 1 of the
Regulations is contained in every annual report of the Company.
The following information is provided in accordance with the
Exemption Notice:
Principal subsidiaries of issuer
No subsidiary of the issuer has total tangible assets that exceed
5 percent of the amount of the total tangible assets of the
issuing group.
Restrictions on directors’ powers
There are no modifications, exceptions or limitations on the
powers of the board of the Company imposed by the constitution
of the Company in force at 17 July 2008, except as provided in the
Companies Act 1993, which requires the approval of shareholders
to various matters including major transactions.
Substantial equity security holders of issuer
The ten largest holdings of equity securities of the issuer as at
30 June 2008 are:
Name of substantial equity security holder Holding
1. Murray Bindon, Peter Martyn Mayston &
Jenny Mayston 554,464
2. Tetley Coolstores Limited 365,612
3. Mike Muller, Patricia Muller & John Donald 362,196
4. Harvestpac Packhouse & Coolstore Limited 238,209
5. Melvyn Albert Walker, Delwyn Sonya
Walker & Kevin Garty 188,086
6. Melva Ethal Allan & William Beaumont
Holland 153,030
7. Stuart Barry Weston, Rachel Weston
& Fenton McFadden Trustee
Company Limited 149,059
8. Max Richard McGreevy & Catherine McGreevy 143,813
9. Kenneth Shaw 125,000
10. Trevor Goodman Sandes & Gweneth
Anne Sandes 100,000
None of the substantial equity security holders mentioned
above undertake any liability in respect of any securities that
may be offered by the Company.
Description of activities of issuing group
The Company, one of New Zealand’s leading post harvest
kiwifruit and avocado facilities, has been engaged in the following
activities during the 5 years preceding 17 July 2008:
– Coolstore of kiwifruit (conventional, medium term and
controlled atmosphere)
– Coolstorage of avocados
– Packing of kiwifruit and avocados
– Conditioning and pre-ripening of kiwifruit and avocados
– Laboratory services – pest management, Kiwistart, dry
matter, botrytis prediction
– Sales of local market and class II export kiwifruit and avocados
– Grower services
– Pre-packing
– Leasing and management of kiwifruit orchards
The other member of the issuing group (Apata Suppliers
Limited) has been engaged in the following activities during the
5 years preceding 17 July 2008:
– Logistical services for export kiwifruit
Details regarding the principal fixed assets held by members
of the issuing group:
Fixed Asset Use of fixed asset Owned/leased
Freehold land at
Apata Packing & Coolstore Owned
Buildings
Apata Packing & Coolstore Owned
Pyes Pa (Centrepac) Packing & Coolstore Leased
Whangarei Packing & Coolstore Leased
Katikati (Tetley) Packing & Coolstore Leased
Forklifts & vehicles
Truck (Apata) Packing & Coolstore Leased
Utility vehicles (6)
& car Packing & Coolstore Leased
All others Packing & Coolstore Owned
At all locations
Plant and equipment Packing & Coolstore Owned
Office equipment
and furniture Packing & Coolstore Owned
apata (annual report 2007/08)
47