NEW ZEALAND GAZETTE, No. 136

6 DECEMBER 2007

(ii) failed to make proper enquiry into expenses
introduced through a credit to the shareholder’s
current account in the 2002 and/or 2003 financial
statements, where the amount reported as
shareholder’s drawings was significantly lower
than appeared reasonable in breach of Compilation
Standards’ 6 (Documentation) and/or 7 (Perusal)
and/or the fundamental principle of quality
performance; and/or

(iii) prepared an income tax return based on the financial
statements that contained the entries referred to in
Particular (c)(i) and/or (c)(ii), in breach of TG-1
and/or EG-2;

(d) Failed to address a number of issues raised by practice
review in the review completed in August 2004, in
breach of the fundamental principle of competence
and/or the fundamental principle of quality performance
and/or the statement of compilation engagement
standards.

Reasons

The tribunal noted that the member has not been charged
with misconduct or negligence but only incompetence.
There is no suggestion of lost money or client complaints
and the tribunal has taken this into account.

But the incompetence has been exhibited repeatedly over
many years and despite the assistance of practice review.
It goes beyond mere technical non-compliance and is so
significant as to reflect on the member’s fitness to practise
and this tends to bring the profession into disrepute.

The member has relied on information furnished by clients
without any real knowledge of whether it is true or false.
The member’s inability to satisfactorily answer the
questions put to him by the professional conduct committee
and the practice review board reinforce the level of his
incompetence.

The tribunal is gravely concerned with the protection of the
public.

Orders of the Tribunal

(a) Pursuant to Rule 21.31 (d) of the Rules of the Institute
of Chartered Accountants of New Zealand, the
disciplinary tribunal ordered that the certificate of
public practice held by Kwok-Chi (Paul) Tsui be
cancelled.

(b) Pursuant to Rule 21.33 of the Rules of the Institute of
Chartered Accountants of New Zealand, the disciplinary
tribunal ordered that Kwok-Chi (Paul) Tsui pay to the
institute the sum of $14,000.00 (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 and the cost of
the publicity.

In accordance with Rule 21.35 of the Rules of the Institute
of Chartered Accountants of New Zealand, the decision of
the disciplinary tribunal will automatically be published
in the Chartered Accountants Journal and on the institute’s
website, and the tribunal directed that the decision be
published in the New Zealand Gazette and the New Zealand
Herald with mention of the member’s name and locality.

The publicity in the Chartered Accountants Journal, the
New Zealand Gazette and on the website will be the full
version of the notice of decision, and the version in the
New Zealand Herald will be the abbreviated version of
the notice of decision with reference to the full decision
on the institute’s website.

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 28th day of November 2007.

R. J. O. HOARE, Chairman, Disciplinary Tribunal.

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Departmental Notices

Agriculture and Forestry

Animal Welfare Act 1999

Approval of Code of Ethical Conduct

(Notice No. 1618)

I hereby give notice that, pursuant to section 91 of the
Animal Welfare Act 1999, I have approved, for the period
1 January 2008 to 31 December 2012, the code of ethical
conduct submitted to me by Waikato Institute of Technology.

Dated at Wellington this 4th day of December 2007.

BARRY O’NEIL, Assistant Director-General, Ministry
of Agriculture and Forestry Biosecurity New Zealand
(under delegated authority).

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Crown Law Office

Crown Solicitors Regulations 1994

Appointment of Crown Solicitor

His Excellency the Governor-General of New Zealand has
been pleased to appoint

Grant John Burston, solicitor of Wellington

to be Crown Solicitor at Wellington.

Dated at Wellington this 26th day of November 2007.

MICHAEL CULLEN, Attorney-General.

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