4086

NEW ZEALAND GAZETTE

No. 146

(4)
Application: 5725538.7.
Applicants: Golf Harbour Views Limited.
Land and Interest:
(a) Right of way easement created by B. 876139.4 over part NA120D/288, appurtenant to NA89A/781; and
(b) Right of way easement created by B. 287997.4 created over part NA120D/888, appurtenant to NA89A/781.
Circumstances: The vesting of Lot 4 on Deposited Plan 208378 will render the above easements redundant as far as it affects
the above land.

(5)
Application: 5725538.8.
Applicants: Golf Harbour Views Limited.
Land and Interest: Water right easements created by Transfer 254738 over part of NA120D/288, coloured red on the diagram
attached to the said transfer and marked “Water Easement Nine Links Wide”, appurtenant to NA681/92, NA4A/180,
NA4A/181, NA88B/252, NA88B/253, NA135D/166 and NA135D/167.
Circumstances: The vesting of Lot 4 on Deposited Plan 208378 will render the above easements redundant as far as it affects
the above land.

Dated at the Auckland Office of Land Information New Zealand this 17th day of October 2003.
R. W. MUIR, Registrar-General of Land.
lt6949

General Notices

Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand—Notice of Decision
(Member Guilty of Conduct Unbecoming an Accountant and Breaching the Code of Ethics)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held on the 8th and 9th days of October 2003, at which the member was present and represented by counsel, the tribunal recorded that Terry Gerard Spekreijse, chartered accountant of Christchurch, pleaded not guilty to the following charges and did not admit the following particulars:

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, Terry Gerard Spekreijse has been guilty of:

● misconduct in a professional capacity; and/or
● conduct unbecoming an accountant; and/or
● breach of the institute’s code of ethics, specifically Fundamental Principles 1 and 5 and Ethical Provisions 13 and 43.

IN THAT

● In the course of his practice as a chartered accountant, Terry Gerard Spekreijse:

(a) retained accounting fees belonging to his firm to the value of $108,720.00;

(b) falsified invoices on his firm’s letterhead directing his firm’s clients to pay him directly for his own personal gain;

(c) transferred client funds from his firm’s trust account without authority to do so, including payments to an overseas bank account, on account of another person of $77,694.00;

(d) made six payments via his firm’s trust account from a client ledger either to himself via cheques or to another person;

(e) retained for his own personal use fees for the audit of a client for the years 2000-2002 when the audit report was signed on behalf of his firm;

(f) subsequently substituted the audit reports referred to above with replacements signed in his name, when his firm was the appointed auditor; and

(g) misled his firm’s clients and misused client funds.

The tribunal found all the particulars to be proven, subject to the following amendments and exceptions:

● With regard to particular (a), the tribunal found that the member retained fees to the value of approximately $128,000.00.

● With regard to particular (c), the tribunal found that the member did not have the authority of his partners, but did not find it proven that he did not have client authority.

● With regard to particular (e), the tribunal found the particular proven in relation to the years 2000-2001 but not proven in relation to the year 2002.

● With regard to particular (g), the tribunal found that the member misled his firm’s clients, but did not find that he misused client funds.

Having regard to the proven particulars, the tribunal found Terry Gerard Spekreijse guilty as charged, with the exception of misconduct in a professional capacity and breach of Ethical Provision 43.

Orders of the Tribunal

Following consideration of evidence and submissions, the tribunal made the following orders:

(a) Pursuant to Rule 21.31 (b) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Terry Gerard Spekreijse be suspended from the institute for a period of two years.

(b) Pursuant to Rule 21.31 (d) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Terry Gerard Spekreijse’s certificate of public practice be suspended for a period of two years.

(c) Pursuant to Rule 21.31 (g) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Terry Gerard Spekreijse engage an advisor or tutor at his own expense.

(d) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Terry Gerard