Notice Type
General Notices
Notice Title

Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand-Notice of Decision (Accounting Technician Member Guilty of Breaching the Rules and/or Code of Ethics)

At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand on the 8th day
of February 2002, the Tribunal recorded that Malcolm Desmond Rabbitt, an accounting technician member of Alexandra, pleaded guilty to charges:
THAT in terms of the Institute of Chartered Accountants Act 1996 and the Rules made thereunder, and in particular Rule 21.30, the member
? has breached the rules and/or code of ethics of the Institute.
IN THAT
? The member has been offering accounting services to the public through Rabbitt Accountancy Services in breach of Rule 18.2 of the Institute's rules due to the member not holding a certificate of public practice and in circumstances when the member is not entitled to be issued with a certificate of public practice by virtue of Rule 18.4; and/or
? in breach of Rule 18.1 (b), the member has engaged in conduct from which it may be reasonably inferred that the member has been offering accounting services to the public;
? the member has failed within a reasonable and proper time to reply to correspondence from the Professional Conduct Committee and Institute - Rule 21.30 (ha) and FP3.
The Tribunal noted that the member had submitted his resignation from the Institute but that it had not been accepted.
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 Desmond Rabbitt, of Alexandra, be removed from the Institute's Register.
(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that Malcolm Desmond Rabbitt pay to the Institute the sum
of $3118.00 (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, the Otago Daily Times and
the Central Otago News 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.
Dated this 11th day of February 2002.
MARK SHENNAN, Secretary, Disciplinary Tribunal.