NEW ZEALAND GAZETTE

No. 42

As the offences were considered serious, the tribunal ordered that:

• Pursuant to Rule 21.31 of the institute’s rules, John Bernard Matheson be removed from the Register of Members of the Institute.

• Pursuant to Rule 21.33 of the institute’s rules, the member pay to the institute the sum of $3,300.00 in respect of costs.

• Pursuant to Rule 21.35 of the institute’s rules, the decision of the tribunal be published in the Chartered Accountants Journal, the New Zealand Gazette and the Christchurch Press.

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Notice of Decision of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand

At a hearing held on the 6th day of March 2000, the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand heard a charge against John Bernard Matheson.

The member did not appear before the Disciplinary Tribunal but pleaded guilty to the charge.

The member had pleaded guilty and been convicted of offences relating to taking $27,833.67 from a former employer. The member had made full restitution.

After receiving evidence and hearing submissions on behalf of the Professional Conduct Committee, the Disciplinary Tribunal found the member:

(a) Guilty of acts discreditable to a chartered accountant.

(b) Guilty of unprofessional conduct.

The tribunal ordered that:

• Pursuant to Rule 21.31 of the institute’s rules, the member be removed from the Register of Members of the Institute.

• Pursuant to Rule 21.33 of the institute’s rules, the member pay to the institute the sum of $1,298.35 in respect of costs.

• Pursuant to Rule 21.35 of the institute’s rules, the decision of the institute be published in the Chartered Accountants Journal and the New Zealand Gazette with no mention of the member’s name or locality.

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Notice of Decision of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand

At a hearing held on the 6th day of March 2000, the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand heard a charge against Gina Smart of Whangarei.

The charges were that Gina Smart was guilty of conduct unbecoming an accountant and had breached the Rules of the Institute and/or the Code of Ethics. In particular, the member was offering accounting services to the public in breach of Rule 18.2, which requires members offering such services to hold a certificate of public practice. The member, despite giving assurances to the institute, had failed to regularise her position and had failed within a reasonable and proper time to address and/or reply to correspondence from the institute.

Gina Smart did not appear before the Disciplinary Tribunal and had not pleaded. She was deemed to have denied the charges.

After receiving evidence and hearing submissions on behalf of the Professional Conduct Committee, the Disciplinary Tribunal found the member guilty of the charges as laid. The tribunal chairman noted that Gina Smart had demonstrated no regard for the standards of her profession. He noted that she could have retrieved her position, she was given the opportunity to correct the position, and by not doing so, she had abused the privileges of membership.

The tribunal ordered that:

• Pursuant to Rule 21.31 of the institute’s rules, Gina Smart be removed from the Register of Members of the Institute.

• Pursuant to Rule 21.3 (c) of the institute’s rules, Gina Smart pay a monetary penalty of $1,500.00.

• Pursuant to Rule 21.33 of the institute’s rules, the former member pay to the institute the sum of $1,802.72 in respect of costs.

• Pursuant to Rule 21.35 of the institute’s rules, the decision of the tribunal be published in the Chartered Accountants Journal, the New Zealand Gazette, the New Zealand Herald and the daily newspaper circulating in the Whangarei area, together with the member’s name and locality.

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Departmental Notices

Courts

Criminal Justice Act 1985

Notice of Confiscation of Motor Vehicle

On the 20th day of March 2000 at the District Court at Whanganui, His Honour Judge G. M. Ross ordered that the following motor vehicle be confiscated, pursuant to section 84 (2) of the Criminal Justice Act 1985:

1979 Ford Cortina motor vehicle, registration No. JE 3586.

B. M. WALKER, Deputy Registrar.
District Court, Whanganui.

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Order for Confiscation of Motor Vehicle

Pursuant to Section 84 of the Criminal Justice Act 1985

CRN: 0019007099

On the 22nd day of March 2000 at the District Court at Hamilton, Rhys Michael Meining of 16 Hobson Street, Hamilton, was convicted and fined $680.00, Court costs $130.00 and disqualified from holding or obtaining a motor driver’s licence for 12 months from 22 March 2000, following his conviction on 22 March 2000 for an offence of driving with excess breath alcohol (third or subsequent offence) and, in addition to the above-mentioned penalty, G. M. Scott and P. S. Fergusson, Community Magistrates, have ordered that a

Chrysler Pacer motor vehicle, registration No. FW 517

owned by the above-mentioned defendant, Rhys Michael