14 OCTOBER 2004

NEW ZEALAND GAZETTE, No. 132

3253

Auckland Registry, and will exercise all or any of the
powers in that mortgage as conferred on him as mortgagee.
The address for service of the mortgagee is at the offices of
Lowndes Jordan, Barristers & Solicitors, Level Twenty-two,
The ANZ Centre, 23-29 Albert Street (P.O. Box 5966),
Auckland.
Dated this 7th day of October 2004.
gn6822

Disciplinary Tribunal of the Institute of Chartered

Accountants of New Zealand—Notice of Decision
of the Disciplinary Tribunal (Member Guilty of
Misconduct in a Professional Capacity, Negligence
or Incompetence and Breaching the Code of Ethics
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 29th day
of September 2004, which the member elected not to attend
and was not represented by counsel, the tribunal recorded
that James Henry Orchard, of Waihi, pleaded guilty to the
following charges and admitted the following particulars:

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, the member is guilty of:

• misconduct in a professional capacity;
• negligence or incompetence in a professional capacity of
  such a degree or so frequent as to reflect on his fitness to
  practise as an accountant or tends to bring the profession
  into disrepute;
• failing to comply with a requirement of the Professional
  Conduct Committee pursuant to Rule 21.3 (d); and
• breaching the Institute’s Code of Ethics, specifically
  Fundamental Principles of Competence, Quality
  Performance and/or Rule 7, Rule 11.

Particulars

IN THAT in relation to a complaint by the Practice Review
Board, the member:

(a) failed to issue an adverse opinion in his audit
report of a client company on the basis of a going
concern and/or recognition of internally generated
goodwill and/or recognition of accounting services;
(b) conducted an audit when he did not have the
requisite expertise to provide those audit services;
(c) undertook an audit that did not comply with the
requirements of the Institute’s Codified Auditing
Standards; and
(d) failed to attend his Final Determination hearing
despite being required to do so by the Professional
Conduct Committee.

The tribunal found that the member had pleaded guilty to
the charges and had admitted the particulars.

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 the name of James
Henry Orchard be removed from the institute’s
Register.

(b) Pursuant to Rule 21.31 (d) of the Rules of the Institute
of Chartered Accountants of New Zealand, the
disciplinary tribunal ordered that the certificate of
public practice held by James Henry Orchard be
cancelled.

(c) Pursuant to Rule 21.33 of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that James Henry Orchard pay to the
institute the sum of $4,067.40 (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 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 and the New Zealand Herald with
mention of the member’s name and locality.

In reaching its decision, the tribunal considered that the
charges to which the member had pleaded guilty were very
serious and included negligence and incompetence. The
member had shown contempt for the institute and its
standards and exhibited a total lack of contrition.

The tribunal regarded the member’s failings to be a very
serious matter which left no alternative but to remove the
member from the institute’s Register of members.

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 4th day of October 2004.

A. N. FRANKHAM, Tribunal Chairman.
gn6730

Disciplinary Tribunal of the Institute of Chartered

Accountants of New Zealand—Notice of Decision
of the Disciplinary Tribunal (Member Guilty of
Misconduct in a Professional Capacity, Conduct
Unbecoming an Accountant and Breaching the
Code of Ethics 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 29th day
of September 2004, at which the member attended by
teleconference, the Tribunal recorded that Kevin Patrick
Griffin, of Pukekohe, pleaded guilty to the following
charges and admitted the following particulars:

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, the member is guilty of:

• misconduct in a professional capacity;
• conduct unbecoming an accountant; and
• breaching the Code of Ethics of the Institute (1995),
  specifically FP5; EP13.

Particulars

IN THAT in his role as treasurer of a charitable
organisation, the member misappropriated funds belonging
to that charitable organisation to the value of approximately
$17,994.32.

The tribunal found that the member had pleaded guilty to
the charges and had admitted the particulars.