13 MAY 2004

NEW ZEALAND GAZETTE, No. 52

1283

General Notices

Disciplinary Tribunal of the Institute of Chartered
Accountants of New Zealand—Notice of Decision
(Member Guilty of Failing to Comply With an
Order Made by the Professional Conduct
Committee and Breaching the Rules of the Institute
of Chartered Accountants of New Zealand)

At a hearing of the disciplinary tribunal held on the 23rd day
of April 2004, at which the member elected not to attend, the
tribunal recorded that Edward Wayne Dick, 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 is guilty of:

● breaching the Rules of the institute (Rule 21.4 (b));
and/or

● failing to comply with an order made by the professional
conduct committee.

IN THAT

In relation to a complaint to the professional conduct
committee, the member had failed within a reasonable and
proper time to reply to requests and/or requirements of the
committee as contained in a letter dated the 3rd day of March
2004 and/or earlier requests of the committee.

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 Edward Wayne Dick pay a
monetary penalty of $1,500.00.

(b) Pursuant to Rule 21.31 (k) of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that Edward Wayne Dick be censured.

(c) Pursuant to Rule 21.33 of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that Edward Wayne Dick pay to the
institute the sum of $1,006.00 (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 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 Gazette and the Chartered Accountants Journal
of New Zealand with mention of the member’s current name
and locality.

In reaching its decision, the tribunal considered that the
member’s conduct in relation to the matters described above
to be of a serious nature.

Non-response to institute inquiries makes it impossible for
the institute to properly investigate complaints.

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 3rd day of May 2004.

A. N. FRANKHAM, Tribunal Chairman.

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Departmental Notices

Agriculture and Forestry

Food Act 1981

Amendment to Food Standard (Notice No. 1332)

Pursuant to section 11G of the Food Act 1981, notice is
given that the New Zealand (Prescribed Foods) Food
Standards 2002, Amendment No. 1 was issued by the
Minister for Food Safety on 4 May 2004 and comes into
force 28 days following publication of this notice in the
New Zealand Gazette.

This food standard can be viewed on the New Zealand Food
Safety Authority web site:

http://www.nzfsa.govt.nz

or can be inspected free of charge at the New Zealand Food
Safety Authority, 86 Jervois Quay, Wellington, or purchased
from Bennetts or Whitcoulls.

Dated at Wellington this 11th day of May 2004.

CAROLE INKSTER, Director (Regulatory Standards –
Labelling & Composition) (acting pursuant to delegated
authority).

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