The Appeals Council of the Institute of Chartered Accountants of New Zealand met on the 18th day of November 2002 to hear an appeal by John George Russell ("the appellant"), against orders made by the disciplinary tribunal on the 31st day of May 2002.
The appellant had been charged that, in terms of the Institute of Chartered Accountants Act 1996 ("the Act"), and the Rules made thereunder ("the Rules"), in particular Rule 21.30:
"He had been guilty of misconduct in a professional capacity; and/or had breached the Rules of the Institute."
The disciplinary tribunal ordered that:
(a) the appellant's name be removed from the institute's register;
(b) the appellant pay to the institute the sum of $12,733.00 (inclusive of G.S.T.);
(c) the decision be published in the Chartered Accountants Journal of New Zealand, the
New Zealand Gazette, the New Zealand Herald and the National Business Review with mention of the appellant's name and locality.
The appellant on the 12th day of June 2002 filed a notice of appeal against the decision of the disciplinary tribunal on the grounds that the determinations were wrong in fact and in law.
In a written decision on the 30th day of December 2002,
the Appeals Council varied the disciplinary tribunal's decision by suspending the appellant from membership of the institute for a three-year period.
The other orders of the disciplinary tribunal remain in force.
The Appeals Council ordered that this decision be published in the Chartered Accountants Journal of New Zealand,
the New Zealand Gazette, the New Zealand Herald and the National Business Review.
Dated this 7th day of February 2003.
WENDY BURRETT, Secretary, Appeals Council.