5360

NEW ZEALAND GAZETTE, No. 210

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 14th day of December 2005.
R. J. O. HOARE, Tribunal Chairman.
Important Notice: New Zealand Institute of Chartered
Accountants is the operating name of the Institute of
Chartered Accountants of New Zealand.
gn8522

Notice of Decision of the Disciplinary Tribunal
of the Institute of Chartered Accountants of
New Zealand (Member Guilty of an Offence
Punishable by Imprisonment)

At a hearing of the Disciplinary Tribunal of the Institute of
Chartered Accountants of New Zealand held in public on the
7th day of December 2005, which the member attended and
was not represented by counsel, the tribunal found David
Norman Arthur, of Auckland, guilty of the following charge
and that he admitted the following particular.

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 has been convicted of an offence punishable
by imprisonment and the conviction reflects on his
fitness to practice accountancy and/or tends to bring
the profession into disrepute.

Particulars
IN THAT on or about the 3rd day of July 2004, at the
High Court in Auckland, the member was found guilty
of an offence under the Misuse of Drugs Act 1975 in
that he supplied a Class A drug, methamphetamine, to
young people at a party and was sentenced to a term of
imprisonment of two years.

Reasons
The tribunal, having considered all the evidence and the
requirement for members of the institute to be of good
character and reputation, agreed that a criminal conviction
does reflect on a member’s fitness to practise as well as
tending to bring the profession into disrepute.

Pursuant to Rule 21.52 (b), the tribunal made an order
prohibiting publication of the allegations made by the
member in the course of his evidence to the tribunal against
named individuals and any circumstances which might lead
to their identification. The reasons for the non-publication
order are to protect individuals who were not present to
defend themselves and the allegations were made in relation
to matters not before the tribunal as they related to the
circumstances of his criminal conviction.

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 David Norman
Arthur be removed from the institute’s Register of
members.

(b) Pursuant to Rule 21.33 of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that David Norman Arthur pay to the
institute the sum of $1,000.00 (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.

22 DECEMBER 2005

(c) Pursuant to Rule 21.52 (b) of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal made an order prohibiting publication of the
allegations made by the member in the course of
his evidence to the tribunal against named individuals
and any circumstances which might lead to their
identification.

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 of the tribunal be
published in the Chartered Accountants Journal, the
New Zealand Gazette and the New Zealand Herald 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 14th day of December 2005.
R. J. O. HOARE, Tribunal Chairman.

Important Notice: New Zealand Institute of Chartered
Accountants is the operating name of the Institute of
Chartered Accountants of New Zealand.
gn8519

Notice of Decision of the Disciplinary Tribunal
of the Institute of Chartered Accountants of
New Zealand (Member Guilty of Misconduct
in a Professional Capacity and Breaching the
Institute’s Code of Ethics)

At a hearing of the Disciplinary Tribunal of the Institute of
Chartered Accountants of New Zealand held in public on the
7th day of December 2005, at which the member was
in attendance and was not represented by counsel, Bruce
Frederick McCullough, of Wellington, pleaded guilty to
the following charges (1) and (2) and admitted the following
particulars (a), (b), (c), (d) and (e).

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:

(1) misconduct in a professional capacity; and/or

(2) breaching the institute’s code of ethics (1995),
specifically EP29.

Particulars
IN THAT in his role as a chartered accountant in public
practice, the member:

(a) prepared two sets of financial statements for his
client’s Company A for the year ended the 31st day
of March 2002 that contained significant differences
in the statement of operating results and the statement
of financial position; and/or

(b) knew, or reasonably should have known, that one
set of financial statements for the year ended the
31st day of March 2002 would be provided to a bank
and that the other would be filed with the Inland
Revenue Department; and/or

(c) prepared two sets of financial statements for his
client’s Company A for the year ended the 31st