668 NEW ZEALAND GAZETTE, No. 25 16 MARCH 2006

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 6th day of March 2006.

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.

gn1480

Notice of Decision of the Disciplinary Tribunal

of the Institute of Chartered Accountants of
New Zealand (Member Guilty of Being
Adjudicated Bankrupt)

At a hearing of the Disciplinary Tribunal of the Institute of
Chartered Accountants of New Zealand held in public on
the 1st day of March 2006, at which the member was not in
attendance and was not represented by counsel, Robert
Barrie Johnson, of Wellington, pleaded guilty to the
following charge and admitted the following particular.

Charge

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 was adjudicated bankrupt.

Particular

IN THAT on or about the 12th day of August 2005,
the member was adjudicated bankrupt in the Wellington
High Court.

Reason

The member has pleaded guilty to the charge and admitted
the particular, and it was noted that there is no evidence of
misconduct. The bankruptcy of a member is not consistent
with the values and profile of the institute and it does reflect
badly on the profession. The tribunal ordered that the
member be suspended from membership of the institute
until he is discharged from bankruptcy and that the decision
of the tribunal be published in the Chartered Accountants
Journal, the New Zealand Gazette and the Dominion Post.

Orders of the Tribunal

Pursuant to Rule 21.31 (b) of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that Robert Barrie Johnson be suspended
from membership for the duration of his bankruptcy.

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 Dominion Post 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 6th day of March 2006.

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.

gn1478

Notice of Decision of the Disciplinary Tribunal

of the Institute of Chartered Accountants of
New Zealand (Member Guilty of Misconduct in a
Professional Capacity, Conduct Unbecoming an
Accountant, and Breaching the Institute’s Rules
and Code of Ethics)

At a hearing of the Disciplinary Tribunal of the Institute of
Chartered Accountants of New Zealand held in public on
the 1st day of March 2006, at which the member was in
attendance and was represented by counsel, Howard Karl
Taylor, of Auckland, pleaded guilty to the following charges
(1), (2) and (4) and admitted the following particulars
(a), (b), (c), (d), (e), (f), (i), (j), (k) and (l).

Charges (3), (5) and (6) and particulars (g), (h) and (m) were
withdrawn.

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. conduct unbecoming an accountant; and/or
3. (withdrawn);
4. breaching the rules and/or code of ethics of the
   institute (specifically Rules 18.2, 19.2, 21.4, PS-2,
   code of ethics’ Rules 2, 9, 10, 11 and 14); and/or
5. (withdrawn);
6. (withdrawn).

Particulars

IN THAT being a member of the Institute of Chartered
Accountants and in relation to two complaints, the member:

(a) deposited client monies into a bank account that
had not been established as a trust account in
accordance with paragraphs 7-13 of Professional
Standard No. 2 "Client Monies and Members’ Trust
Accounts" ("PS-2");

(b) deducted fees from clients’ funds without written
authorisation from the client in breach of paragraph
30 of PS-2;

(c) failed to remit interest earned on client monies to
clients, in breach of paragraphs 15 and 37 of PS-2;

(d) held client monies for a period that was longer than
reasonably necessary to allow the purpose for which
they were received to be discharged, in breach of
paragraph 38 of PS-2;

(e) has breached and/or continues to be in breach of
Rule 18.2 in that he is offering accounting services
to the public without holding a certificate of public
practice;

(f) has breached and/or continues to be in breach of
Rule 19.2(c) in that he is a director and shareholder