At a hearing of the disciplinary tribunal of the Institute
of Chartered Accountants of New Zealand on 12 October 2009, at which the member was not in attendance and not represented by counsel, Edward John Harman, an associate chartered accountant of Auckland, by correspondence admitted the following particular and pleaded guilty to the following charge.
Charge
The charge and particular were as follows:
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(e):
• The member was adjudicated bankrupt.
Particular
IN THAT on or about 26 February 2009, the member was adjudicated bankrupt in the High Court at Auckland.
Orders of the Tribunal
(a) Pursuant to Rule 21.31 (b) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Edward John Harman be suspended from membership of the institute for five years from the date of his bankruptcy, being
26 February 2009.
(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Edward John Harman pay to the institute the sum of $1,000.00 (inclusive of GST) in respect of the costs and expenses of the hearing before the disciplinary tribunal, the investigation by the professional conduct committee and the cost of publicity.
In accordance with Rule 21.35 of the Rules of the Institute of Chartered Accountants of New Zealand, the decision of the disciplinary tribunal will be published in the Chartered Accountants Journal, the New Zealand Gazette, the
New Zealand Herald and on the institute’s website 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 13th day of October 2009.
R. J. O. HOARE, Chairman, Disciplinary, Tribunal, Institute of Chartered Accountants of New Zealand.