17 AUGUST 2006

NEW ZEALAND GAZETTE, No. 97

Northsport Olympic Weightlifting Inc. 1195277
(11 November 2005).

Parents & Friends Association of the Diocesan School for Girls Auckland Inc. 223620 (29 September 2005).

Provincial Rifle Club Inc. 603462 (15 April 1999).

R.S.A. Bowling Club Alexandra Inc. 371127 (12 May 2005).

Seniornet Morrinsville Inc. 1044747 (17 June 2004).

Shetland Sheepdog Club Inc 223509 (1 September 2005).

St Matthews Service Orchestra Inc. 973143
(29 September 2005).

Te Puke Motorcycle Club Inc 218215 (11 November 2005).

The New Zealand Maori Internet Society Inc.
1118291 (27 April 2006).

The Petone Rembuden Karate Club Inc. 1019918
(29 September 2005).

Titahi Bay Te Kohanga Reo Inc. 915496 (12 May 2005).

Waikato Schoolboy’s Rugby League Control Board Inc. 213349 (11 November 2005).

Warkworth Businesses Association Inc. 445620
(12 May 2005).

Wellington District Aero Club Inc 215605
(17 November 2005).

Wellington Wanderers Cricket Club Inc 216462
(20 November 1997).

With this publication such societies are revived from the date of their dissolution (noted above) as if no dissolution had taken place.

Dated this 17th day of August 2006.

MA’ATA KOLOVE LAVULO, Assistant Registrar of Incorporated Societies.

is5580

General Notices

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 Rules and/or Code of Ethics of the Institute)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held in public on the 3rd and 4th days of July 2006, at which the member was in attendance and represented by counsel, the member pleaded guilty to the following charges (1) and (4) and admitted the following amended particulars 1.1 (a), (b), (c), (d), 1.2 (a), (b), (c), (d) and 3.1. Charges (2), (3) and (5) and particular 3.2 were withdrawn by the prosecution.

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(2) (withdrawn);
(3) (withdrawn);
(4) breaching the Rules and/or Code of Ethics of the institute; and/or
(5) (withdrawn).

Particulars

IN THAT in relation to being a member of the Institute of Chartered Accountants of New Zealand and in relation to a complaint, the member:

1.1 was professionally associated with an invitation to invest money to the public and/or prospective investors when the member knew, or after reasonable enquiry ought to have known, that the invitation did not give a full and fair statement in relation to:

(a) the nature of the rights that were to be purchased by Partnership A from Company B; and/or
(b) the right to claim depreciation in accordance with the Income Tax Act 1994; and/or
(c) the true value of the rights that were being transferred and/or the purchase price to be paid by Partnership A; and/or
(d) the estimated future results for Partnership A for the years ended 31 March 1998 to 31 March 2007.

(Code of Ethics 1995 – FP 1; and/or FP 2; and/or FP 5; and/or FP 7; and/or EP 8.4; and/or EP 22.)

1.2 made representations or caused representations to be made to one or more prospective investors in Partnership A which failed to present the information fully and/or professionally so that such representations would be understood in the proper context in relation to:

(a) the nature of the rights that were to be purchased by Partnership A from Company B; and/or
(b) the right to claim depreciation in accordance with the Income Tax Act 1994; and/or
(c) the true value of the rights that were being transferred and/or the purchase price to be paid by Partnership A; and/or
(d) the estimated future results for Partnership A for the years ended 31 March 1998 to 31 March 2007.

(Code of Ethics 1995 – FP 1; and/or FP 2; and/or FP 5; and/or FP 7; and/or EP 22.)

AND:

3.1 breached the fundamental principle of objectivity in circumstances where there was a director of the investment companies and/or shareholder and the member participated directly or indirectly in determining the sale price of assets sold by Company A to the investment companies; and/or

(Code of Ethics 1995 – FP 2; and/or FP 5; and/or FP 7; and/or EP 22.)

3.2 (withdrawn).

Reasons

The member has admitted all the amended particulars 1.1 (a), (b), (c), (d), 1.2 (a), (b), (c), (d) and 3.1 and pleaded guilty to charges (1) and (4) with particular 3.2 and charges (2), (3) and (5) being withdrawn by the prosecution.

The tribunal acknowledges the environment in which the member operated with an entrepreneurial firm, a charismatic boss and a natural desire to please the employer and a reliance on the ACTONZ precedence.