14 JUNE NEW ZEALAND GAZETTE 1359

Charitable Trusts Act Notices

Helicopter Rescue Trust (East Cape) (now named Eastland Helicopter Rescue Trust)

Notice of Application for Approval of a Scheme Under the Charitable Trusts Act 1957

In the High Court of New Zealand, Gisborne Registry

Notice is hereby given that the board of trustees of the Helicopter Rescue Trust (East Cape) has made application to the High Court at Gisborne for the approval of a scheme prepared, pursuant to section 34 of the Charitable Trusts Act 1957, to expand the area of operation of the trust from the East Cape region to the Eastland region.

The scheme involves proposed changes to the trust’s deed of trust dated the 4th day of December 1988.

The board of trustees’ application, scheme and the report of the Attorney-General thereon are open for inspection by the public at the Gisborne Registry of the High Court, without any fee or charge.

It is proposed that the application will be heard by the High Court at Gisborne on Friday, the 10th day of August 2001 at 10.00 a.m.

Any person desiring to oppose the scheme must give written notice of his or her intention to do so to the Registrar of the High Court at Gisborne, to the board of trustees of Helicopter Rescue Trust (East Cape) (care of Nolans, Solicitors, P.O. Box 1141, Gisborne) and to the Attorney-General (care of Crown Law Office, P.O. Box 5012, Wellington) not less than 7 clear days before Friday, the 10th day of August 2001.

N. M. MACKIE, Solicitor for the Helicopter Rescue Trust (East Cape).

Note: Since making its application to the Court, the trust has changed its name to Eastland Helicopter Rescue Trust.

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General Notices

Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand—Notice of Decision (Member Fined and Censured for Failing to Respond)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held on the 10th day of May 2001, the Tribunal noted that a member pleaded guilty to the following charges:

THAT in terms of the Institute of Chartered Accountants of New Zealand Act 1996 and the Rules made thereunder, and in particular Rule 21.30, that the member had:

• Been guilty of conduct unbecoming an accountant.
• Breached the code of ethics of the Institute.

IN THAT when the member acted for certain clients and when another accountant had been requested to take over the said clients’ affairs, the member failed:

(a) Within a reasonable and proper time to respond to a letter from the superseding accountant dated the 1st day of August 2000 as to the transfer of the said clients’ records.

(b) To hand the said records and/or failed to respond to messages from a third party who at all times was acting as agent for the said clients.

(c) To properly answer the issues raised by the professional conduct committee.

The Tribunal noted that the member admitted the particulars and pleaded guilty to the charges as laid.

In considering the matter of penalty, the Tribunal was concerned that the member did not pay sufficient attention to his responsibilities as a member of his profession.

The Tribunal noted that the member demonstrated a keen wish to discharge his duties as a trustee in a very difficult appointment. The Tribunal was of the view that the member should have sought legal advice and perhaps resigned the appointment. It was also of concern that the member had allowed the issue to come between him and his partners. It certainly appeared to members of the Tribunal that the member had allowed his judgment to become clouded.

Orders of the Tribunal

(a) Pursuant to Rule 21.31 (c) of the Rules of the Institute of Chartered Accountants of New Zealand, the Tribunal ordered that a monetary penalty of $2000.00 be imposed.

(b) Pursuant to Rule 21.31 (k) of the Rules of the Institute of Chartered Accountants of New Zealand, the member is censured.

(c) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that the member pay to the Institute the sum of $1893.16 (inclusive of G.S.T.) in respect of the costs and expenses of the hearing before the Disciplinary Tribunal and the investigation by the Professional Conduct Committee.

The Tribunal also required the member within 14 days to provide to his partners, with a copy to the Institute, a written statement setting out the fact that charges had been laid against him and orders made by the Tribunal and the details thereof.

In accordance with Rule 21.35 of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal directed that this decision be published in the Chartered Accountants Journal of New Zealand, the New Zealand Gazette and the newspaper circulating in the area without mention of the member’s name and locality.

Dated this 25th day of May 2001.

A. N. FRANKHAM, Tribunal Chairman.

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Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand—Notice of Decision (Malcolm Philip Banks)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants held on the 10th day of May 2001, the Tribunal noted that following Malcolm Philip Banks’ conviction on various charges in the District Court in Lower