of the Institute of Chartered Accountants of
New Zealand (Member Guilty of Misconduct in
a Professional Capacity, Conduct Unbecoming
an Accountant and Breaching the Rules
of the Institute)
At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held in public on the 7th day of December 2005, which the member elected not
to attend and was not represented by counsel, the tribunal found Edward Wayne Dick, of Auckland, guilty of the following charges and the following particulars proven.
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 is guilty of:
(1) misconduct in a professional capacity; and/or
(2) conduct unbecoming an accountant; and/or
(3) breaching the rules of the institute (Rule 21.2 (b)); and/or
(4) failing to respond promptly to the communications from the Institute; and/or
(5) filing to pay sums due to the institute by the date specified for payment; and/or
(6) failing to comply with orders made by the professional conduct committee and the disciplinary tribunal.
Particulars
IN THAT in relation to a complaint to the professional conduct committee, the member:
(a) unreasonably delayed transferring a client’s records to a new accountant, despite repeated assurances that the records would be forwarded; and/or
(b) allowed taxation arrears, use of money interest and penalties to be incurred for the client between 2001 and 2004, and did not notify the client of the problem; and/or
(c) failed to action the client’s instructions causing the client’s company to be struck off and the client to incur costs of reinstatement; and/or
(d) failed to adequately respond to the new accountants’ queries about the matters referred to in particulars (b) and (c) above.
AND IN THAT in relation to a complaint to the professional conduct committee and since the disciplinary tribunal decision against the member for failing to respond to the professional conduct committee dated the 5th day of April 2005, the member has failed within a reasonable and
proper time to reply to requests and/or requirements of the committee as contained in a letter dated the 4th day of May 2005, and/or telephone messages left in July 2005, and/or a letter dated the 23rd day of August 2005.
AND IN THAT the member has failed to pay the following sums due to the institute within the specified timeframe:
(a) $5,000.00, being the monetary penalty ordered by the disciplinary tribunal on the 5th day of April 2005;
(b) $2,836.00, being costs and expenses ordered by the disciplinary tribunal on the 5th day of April 2005;
(c) $1,500.00, being costs ordered by the professional conduct committee on the 5th day of August 2004;
(d) $1,500.00, being the monetary penalty ordered by the disciplinary tribunal on the 23rd day of April 2004;
(e) $1,006.00, being costs and expenses ordered by disciplinary tribunal on the 23rd day of April 2004;
(f) $1,849.50, being the cost of the member’s practice review undertaken on the 17th day of March 2004.
AND IN THAT the member has failed to comply with the order of the disciplinary tribunal dated the 5th day of April 2005 that his practice be subject to regular practice review by failing to co-operate with the practice review board’s attempts to undertake a practice review.
Reasons
The member has displayed a very cavalier attitude and
a total disregard for his responsibilities as a member of the institute. He has treated the professional conduct committee and practice review with contempt and he has failed to
pay the institute significant amounts of money owed. The member’s failure to communicate with a fellow member in relation to a client, his failure to action a client’s instructions and the order by the disputes tribunal for the member to pay the client damages in respect of taxation penalties and use of money interest were noted by the tribunal.
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 Edward Wayne Dick be removed from the institute’s Register of members.
(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Edward Wayne Dick pay to the institute the sum of $3,164.00 (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 of the tribunal be published in the Chartered Accountants Journal, 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 14 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 14th day of December 2005.
R. J. O. HOARE, Tribunal Chairman.
Important Notice: New Zealand Institute of Chartered Accountants is the operating name of the Institute of Chartered Accountants of New Zealand.