1420 NEW ZEALAND GAZETTE, No. 57 15 JUNE 2006

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 orders that Clement Chun-Wang Chak pay a monetary penalty of $15,000.00.

(b) Pursuant to Rule 21.31 (e) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that the practice of Clement Chun-Wang Chak as to client monies be investigated by the professional conduct committee as soon as practical and again one year later.

(c) Pursuant to Rule 21.31 (m) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Clement Chun-Wang Chak pay the complainant the sum of $5,000.00 in respect of the costs and expenses incurred by the complainant in relation to the complaint or the matters which gave arise to it.

(d) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Clement Chun-Wang Chak pay to the institute the sum of $6,483.00 (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 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 and that the decision be circulated to the clients of the practice.

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 2nd day of June 2006.

R. J. O. HOARE, Tribunal Chairman.

gn3869

Notice of Decision of the Disciplinary Tribunal

(Member Guilty of Negligence and/or Incompetence in a Professional Capacity)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held in public on the 30th day of May 2006, at which the member was in attendance and represented by counsel, Robert Philip Bell, of Putaruru, pleaded guilty to the following amended charge (2) and admitted the following particular (a).

Charge (1) was withdrawn by the prosecution.

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 is guilty of:

(1) (withdrawn).

(2) negligence and/or incompetence in a professional capacity which tends to bring the profession into disrepute.

Particular

IN THAT in his role as a chartered accountant in public practice and in relation to a complaint, the member:

(a) is the sole director and shareholder of Grayburn Ross & Partners (Putaruru) Limited, a company offering accounting services to the public, which was convicted in the Tokoroa District Court on or about the 10th day of June 2005, under the Tax Administration Act 1994, for failing to furnish income tax returns from 2001 to 2004, and under the Goods and Services Tax Act 1985, for failing to furnish GST returns for three taxable periods in 2004.

Reasons

Conviction on these charges reflects badly on the profession. It is not good enough for a practising member representing their tax expertise to the public to so mismanage their own affairs.

Orders of the Tribunal

(a) Pursuant to Rule 21.31 (k) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Robert Philip Bell be censured.

(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Robert Philip Bell pay to the institute the sum of $3,434.00 (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 and the New Zealand Gazette 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 2nd day of June 2006.

R. J. O. HOARE, Tribunal Chairman.

gn3870

Notice of Decision of the Disciplinary Tribunal

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

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held in public on the 30th day of May 2006, at which the member elected not to attend and was not represented by counsel, Rakesh Sharma, provisional member of Auckland, pleaded guilty to the following charges (1), (2), (3), (4) and (5) and admitted the following particulars (a), (b), (c) and (d).