At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants held on the 10th day of May 2001, the Tribunal noted that following Malcolm Philip Banks' conviction on various charges in the District Court in Lower Hutt on the 17th day of October 2000, the member pleaded guilty to the following 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 was convicted of an offence punishable by imprisonment and that the conviction tended to bring the profession into disrepute.
IN THAT on or about the 8th day of August 2000 in the District Court at Lower Hutt, the member pleaded guilty to approximately 82 charges of using a document with intent to defraud.
On conviction the member was sentenced to a period of imprisonment.
Orders of the Tribunal:
(a) Pursuant to Rule 21.31 (a) of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that the name of Malcolm Phillip Banks be removed from the Register of Members of the Institute.
(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that the member pay to the Institute the sum of $1797.54 (inclusive
of G.S.T.) 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 this decision be published in
the Chartered Accountants Journal of New Zealand, the
New Zealand Gazette, and The Dominion with mention of the former member's name and locality.
Dated this 25th day of May 2001.
A. N. FRANKHAM, Tribunal Chairman.