At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand on the 18th day of December 2001, the Tribunal recorded that Lloyd Harlick, of Auckland, implicitly 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:
? Was convicted of an offence punishable by imprisonment and that the conviction tended to bring the profession into disrepute.
? On or about the 4th day of May 2001, the member was convicted in the District Court at Auckland, having pleaded guilty to charges of using a document with the intention to defraud and theft as a servant.
? The member was sentenced to a term of imprisonment of 13 months.
? At the time of the offending, the member was employed by Neil Timber, a subsidiary of Fletcher Merchants Limited, where he was partly responsible for the financial control of the company.
? Over a 12 month period the member stole $303,628.17 from his employer.
The Tribunal was of the view that the member's conviction reflected on his fitness to practise as a member and tended to bring the profession into disrepute.
Orders of the Tribunal:
(a) Pursuant to Rule 21.31 (a) of the Rules of the Institute of Chartered Accountants of New Zealand, the Tribunal orders that Lloyd Harlick, of Auckland, 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 orders that the member pay to the Institute the sum of $1,500.00 (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 New Zealand Herald 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 19th day of December 2001.
MARK SHENNAN, Secretary, Disciplinary Tribunal.