At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand on the 17th day of July 2001, the Tribunal recorded that William Richard Henry West, of Hamilton, pleaded guilty to 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 guilty of misconduct in a professional capacity.
? Breached the code of ethics of the Institute.
IN THAT:
? The member failed to attend to an I.R.D. tax audit in a timely manner.
? The member failed within a reasonable and proper time to reply and/or to provide information to the Institute's professional conduct committee in respect of a complaint against him.
It was noted that the member was given the opportunity to address the Tribunal and chose not to. The Tribunal also noted that the member had submitted his resignation from the Institute. The Tribunal accepted that such a course of action was appropriate.
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 ordered that a monetary penalty of $2500.00 be imposed.
(b) Pursuant to Rule 21.31 (d) of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that the member's certificate of public practice be cancelled.
(c) Pursuant to Rule 21.31 (k) of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that the member be censured.
(d) 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 $5844.00 (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 the decision be published in the Chartered Accountants Journal of New Zealand, the
New Zealand Gazette, and The Waikato Times 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 28 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.
MARK SHENNAN, Secretary, Disciplinary Tribunal.
Dated this 20th day of July 2001.