19 OCTOBER 2006

NEW ZEALAND GAZETTE, No. 118

(d) 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 names of the clients.

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 9th day of October 2006.

R. J. O. HOARE, Tribunal Chairman.

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contribution to the institute over many years, but for which
he would be facing more serious consequences.

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 Sam Ming
Chan pay to the institute a monetary penalty of
$8,000.00.

(b) Pursuant to Rule 21.31 (k) of the Rules of the
Institute of Chartered Accountants of New Zealand,
the disciplinary tribunal ordered that Sam Ming
Chan 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 Sam Ming Chan
pay to the institute the sum of $3,814.00 (inclusive
of GST) 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 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 9th day of October 2006.

R. J. O. HOARE, Tribunal Chairman.

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Notice of Decision of the Disciplinary Tribunal
(Member Guilty of Breaching the Institute’s Rules)

At a hearing of the Disciplinary Tribunal of the Institute
of Chartered Accountants of New Zealand held in public
on the 3rd day of October 2006, at which the member was
in attendance and not represented by counsel, Sam Ming
Chan, of Auckland, admitted the following particular and
was found guilty of charge (1) and not guilty of charge (2).

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) breaching the Rules of the institute (Rule 21.2(b));
and/or

(2) failing to comply with orders made by the
professional conduct committee

Particulars

IN THAT:

In relation to a complaint from a client to the professional
conduct committee, the member has failed to respond in
writing to all the matters raised in the complaint within the
timeframes set out by the professional conduct committee in
its letters and/or emails of the 25th day of May 2006 and/or
the 19th day of June 2006 and/or the 7th day of July 2006
and/or the 19th day of July 2006 and/or the 1st day of
August 2006.

Reasons

The member admitted the particular and was found guilty of
charge (1) and not guilty of charge (2). Taking on work that
a member is unable for whatever reasons to complete in a
competent and timely fashion reflects on the institute’s
reputation. Non-response to the institute with regard to
complaints is a serious matter. The institute suffers if
it is seen to be impotent in dealing with complaints. This
was the member’s second appearance before the tribunal on
similar charges. The tribunal had regard to the member’s

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 9th day of October 2006.

R. J. O. HOARE, Tribunal Chairman.

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Notice of Entry into Possession of Mortgaged Property

Pursuant to Section 104DD of the Property Law Act 1952

Take notice that on the 6th day of October 2006, ASAP
Finance Limited, by virtue of memorandum of mortgage
number 6709328.5 (North Auckland Registry), entered into
possession of the property situated at 19 Troy Place,
Glendowie, Auckland, being all the land comprised in
certificate of title 37598 (North Auckland Registry).

The registered office of ASAP Finance Limited is at Level
Two, 636 Great South Road, Greenlane, Auckland.

Any correspondence pertaining to this matter should be
directed to Simpson Grierson, solicitors for the mortgagee,
88 Shortland Street (Private Bag 92-518), Auckland
(Attention: D. N. Tuck).

Dated at Auckland this 12th day of October 2006.

ASAP Finance Limited by its solicitors and duly
authorised agents, Simpson Grierson, per:

M. M. B. VAN RYN.

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