10 JANUARY

NEW ZEALAND GAZETTE

2. Revoking Clause 5 of the trust deed of the 18th day of October 1990 as amended by the deed of the 7th day of August 1995 and inserting in its place:

“5 The Board may by supplementel Deed executed pursuant to a resolution passed by a three quarters majority alter or add to the terms and provisions of this deed except that no such alteration or addition is to—

5.1 vary, alter or enlarge the charitable purposes specified in the Trust Deed as amended by this Order, or

5.2 detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable.”

Upon the grounds that granting the order will facilitate the administration of the trust which is at present subject to limitations imposed by the trust deed dated the 18th day of October 1990.

Upon the further grounds that those limitations include the purposes of the trust which, as expressed in the trust deed, are to benefit those persons with intellectual or physical disabilities when the board is increasingly being called upon and is in a good position to assist persons with other disabilities and special needs not strictly to be so described.

Upon the further grounds that the trustees have the power to amend the trust deed but not the appropriate clauses which are effectively entrenched.

Finally upon the further grounds that there have been continuing difficulties with the interpretation of the trust deed because of its formless and confusing provisions which will be redrafted once the matter of what provisions are to be made unalterable is decided by the Court.

45

Any person desiring to oppose the proposed amendments must give written notice of his or her intention to do so to the Registrar of the High Court at Hamilton, to the trustees of Te Awamutu Gracelands Trust at the address for service specified below and to the Attorney-General at the Crown Law Office, P.O. Box 5012, Wellington, not less than 7 clear days before the said date of hearing.

Dated this 17th day of December 2001.

SIMON BRDANOVIC, Solicitor for the Applicant.

The Address for Service of the Applicant is at the Offices of:
Edmonds Judd, 15 Albert Park Drive (P.O. Box 35 or D.X. G.A. 29-009), Te Awamutu.

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Dissolution of Charitable Trust

Section 26 (1) of The Charitable Trusts Act 1957

I, Mary-Lou Harris, an Assistant Registrar of Incorporated Societies at Auckland, solemnly and sincerely declare that I am satisfied that the following charitable trust is no longer carrying on its operations and that it is dissolved as from this date:

The Maori Directors Trust WN. C.T. 623256.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declaration Act 1957.

Declared at Auckland this 24th day of December 2001.

MARY-LOU HARRIS, Assistant Registrar of Incorporated Societies.

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General Notices

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

(Member Guilty of Breaching the Rules and/or Code of Ethics)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand on the 18th day of December 2001, the Tribunal recorded that a member in practice in Auckland pleaded guilty to charges:

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

• Breached the Rules and/or code of ethics of the Institute.

IN THAT

• In circumstances where a firm associated with the member’s firm had a continuing professional relationship with a company, the member accepted the appointment as receiver of that company:

(a) in breach of the mandatory requirements of paragraph 11 of SES-1; and/or

(b) in breach of the mandatory requirements of paragraph 17 of SES-1.

Orders of the Tribunal:

(a) 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 $5,549.00 (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.

(b) The Tribunal made a permanent suppression order of the names of the member, the member’s firm and the client.

In accordance with Rule 21.35 of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal directed that the decision be published in the Chartered Accountants Journal of New Zealand, the New Zealand Gazette, the New Zealand Herald and the Public Practice News without mention of the member’s name or firm but with mention of the locality.

Right of Appeal

Pursuant to Rule 21.41 of the Rules of the Institute of Chartered Accountants of New Zealand, which were in force at the time of the original notice of complaint, the member may, not later than 28 days after the notification of this Tribunal to the member of the exercise of its powers, appeal in writing to the Appeals Council of the Institute against the decision.

No decision, other than the direction as to publicity and the name suppression order, shall take effect while the member remains entitled to appeal or while any such appeal by the member awaits determination by the Appeals Council.

In presenting the determination of the Tribunal, the chairman expressed the discomfort of the Tribunal about the