7 AUGUST

NEW ZEALAND GAZETTE

Orders of the Tribunal:

(a) Pursuant to Rule 21.31 (a) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that John James Penny be removed from the institute’s Register.

(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that John James Penny pay to the institute the sum of $5,360.00 (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.

In reaching its decision, the tribunal considered that, given the judgement against the member involving serious breaches of the Securities Act, it would not be in the interests of the public nor the profession for the member to remain as a member of the institute.

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 New Zealand Herald, the New Zealand Gazette and the Chartered Accountants Journal of New Zealand with mention of the member’s name and 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 14 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 shall take effect while the member remains entitled to appeal or while any such appeal by the member awaits determination by the appeals council.

Dated this 25th day of July 2003.

A. N. FRANKHAM, Tribunal Chairman.

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

(Member Guilty of Conduct Unbecoming of an Accountant, and Breaching the Code of Ethics and Rules of the Institute of Chartered Accountants of New Zealand)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held on the 23rd day of July 2003, the tribunal recorded that a member of Auckland pleaded guilty to the following charges and admitted 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:

• the member has been guilty of conduct unbecoming an accountant;
• the member has breached the Rules and Code of Ethics of the Institute (Rule 21 and FP3 and 5).

IN THAT:

In relation to a complaint from a client to the professional conduct committee, the member failed within a reasonable and proper time to reply to correspondence from the committee despite two reminders.

The tribunal found the member guilty as charged and the particulars proven.

Orders of the Tribunal:

(a) Pursuant to Rule 21.31 (c) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that the member pay a monetary penalty of $3,000.00.

(b) Pursuant to Rule 21.31 (f) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that the member’s practice be reviewed by the practice review board and that it report its findings to the professional conduct committee.

(c) Pursuant to Rule 21.31 (k) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that the member be censured.

(d) 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 $1,949.75 (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.

In reaching its decision, the tribunal considered the member’s conduct in relation to the matters described above to be a serious matter. Non-response to institute inquiries makes it impossible for the institute to properly investigate complaints.

The tribunal also noted that the matters raised by way of explanation for the conduct could impinge on the member’s ability to conduct their practice to the required standard.

A review by the practice review board was therefore considered desirable.

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 New Zealand Herald, the New Zealand Gazette and the Chartered Accountants Journal of New Zealand without reference to the member’s name but with reference to 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 14 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 shall take effect while the member remains entitled to appeal or while any such appeal by the member awaits determination by the appeals council.

Dated this 25th day of July 2003.

A. N. FRANKHAM, Tribunal Chairman.

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Notice of Entry into Possession of Property by Mortgagee

Notice is hereby given, pursuant to section 106 of the Land Transfer Act 1952, that on Wednesday, the 30th day of July 2003, Bridgecorp Residential Limited, as mortgagee, took possession of the property at 40 San Marino Drive West, Henderson, being Lot 44, Deposited Plan 201532, contained in certificate of title NA131/273.

Any communications with Bridgecorp Residential Limited can be directed to 36 Kitchener Street, Auckland. Telephone: (09) 307 4279.

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