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David Ian Henderson – a two-time bankrupt accuses Liquidator of conduct breaches

April 17, 2014 by SPCS Leave a Comment

David (Dave) Ian Henderson, twice-bankrupt high-profile Christchurch property developer, and his business associate Ian Bruce Hyndman, appear to have been behind a Notice in the National Business Review (NBR) and one in the NZ Herald (22/05/13) that ran last year, apparently seeking “information” on chartered accountant Robert Bruce Walker, liquidator of Property Ventures Ltd (in receivership and liquidation), the parent company of interconnected companies owned or controlled by Henderson. Henderson was behind the failed $2 billion Five Mile town development at State Highway 6, Queenstown, near the Queenstown Events Centre, colloquially known as “Hendo’s Hole.

As sailors know, it is important at sea to avoid peeing to windward. The blow back can be very unpleasant. So can the result of trying to gather ‘dirt’ and throw it at a person and make it stick, when a very strong gale is opposing the thrower.

Dave Henderson who was bankrupted in 1996 and discharged in 1999, was then bankrupted again on November 29, 2010, the latter one of the largest bankruptcies in New Zealand’s history. By his own account he had gross personal debts of about $165m and $86m after the sale of secured assets. The debts come mainly from personal guarantees he had given on loans to his companies.

Bankruptcies are managed by a Crown authority called the Official Assignee (OA) and normally last for three years. Henderson remains an undischarged bankrupt because the OA filed a notice of objection to Mr Henderson’s discharge, pursuant to s 292 of the Insolvency Act 2006, on 28 November 2013. The OA “strongly suspects that Mr Henderson had entered into, carried on, or taken part in the management or control of businesses during his bankruptcy, contrary to s 149 of the Act. Mr Henderson strongly refutes the Assignee’s suspicions…” (quoted from High Court judgment dated 18 March 2014 – CIV-2010-409-000559 [2014] NZHC 499). [Read more…]

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Filed Under: Enforcement Tagged With: bankruptcy, Dave Henderson, David Ian Henderson, Disciplinary Committee, Ian Bruce Hyndman, Ian Hyndman, Institute of Chartered Accountants, Kristina Buxton, Kristina Louise Buxton, liquidation, Liquidator, Property Ventures Limited, Property Ventures Ltd, Robert Bruce Walker, Wayne Idour

New Zealand Petroleum Exploration Limited: ‘defunct’ company with issues of non-compliance

April 8, 2014 by SPCS Leave a Comment

The Registries Integrity and Enforcement Team (RIET) are part of the Companies Office.  Its  role is to ensure the integrity of the registers that are administered by the Companies Office, by proactively monitoring their use.  RIET primarily acts by seeking compliance or preventing misuse but, where appropriate, it prosecutes offences on behalf of the Registrar of Companies – Mandy McDonald.

The public are encouraged to contact RIET if they become aware of company directors who are failing to comply with the law.

see: http://www.business.govt.nz/companies/about-us/enforcement/contact-registries-integrity-enforcement

To help understand the crucial role of RIET consider the following case study: [Read more…]

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Filed Under: Enforcement Tagged With: Companies Office, John M Carr, John M Carr CPA, John Malcolm Carr, Malcolm James Hamilton Brown, New Zealand Petroleum Exploration Limited, non-compliance, Registries Integrity and Enforcement Team, Stuart Cairns, Stuart Hamilton Cairns

More on the Registries Integrity and Enforcement Team – Companies Office

April 6, 2014 by SPCS Leave a Comment

Failing to file an annual return is an issue of non-compliance to be dealt with by The Registries Integrity and Enforcement Team (RIET), part of the Companies Office.  Its role is to ensure the integrity of the registers that are administered by the Companies Office, by proactively monitoring their use.  RIET primarily acts by seeking compliance or preventing misuse but, where appropriate, it prosecutes offences on behalf of the Registrar of Companies – Mandy McDonald.

Why would a well-qualified company director(s) fail to file an annual return when for example he/she knows that his/her company owes money to the IRD and/or some other creditor(s)?

Is it because he/she naively hopes that the company debts will slip under the radar of the IRD/creditors and the Registrar will simply strike the company off the register before debts can be settled? It does make one wonder! Responsible directors aware that their company is insolvent are required by law to cease trading and call in a receiver or put the company into voluntary liquidation with shareholder support. This costs money and some company directors – seek to avoid their responsibilities because they have vested financial interests.

Consider the case study of ……. [Read more…]

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Filed Under: Enforcement Tagged With: Companies Office, Registries Integrity and Enforcement Team

Companies Office – Registries Integrity and Enforcement

April 5, 2014 by SPCS Leave a Comment

The Registries Integrity and Enforcement Team (RIET) are part of the Companies Office. Its  role is to ensure the integrity of the registers that are administered by the Companies Office, by proactively monitoring their use.  RIET primarily acts by seeking compliance or preventing misuse but, where appropriate, it prosecutes offences on behalf of the Registrar of Companies – Mandy McDonald.

Companies Office enforcement guidelines dated 1 July 2013 can be located at:

http://www.business.govt.nz/companies/about-us/enforcement/policy-guidelines#register-integrity

An example of non-compliance is the case of a company director(s) who persistently fail to ensure company Annual Returns are filed on time. Non-compliance can lead to prosecution and/or a company being struck off the Register of Companies by the Registrar. [Read more…]

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Filed Under: Enforcement Tagged With: 435 Devon Linited, 435 Devon Ltd, Companies Office, CVC Group Limited, CVC Group Ltd, enforcement, Registries Integrity

Tax fraud trial for company director

March 20, 2014 by SPCS Leave a Comment

A Wellington tax adviser has opted to go to trial on fraud charges involving more than $270,000. Patrick John Renshaw, 66, of Ngaio, came to court yesterday after failing to appear at the last court date. He faces 42 charges of aiding and abetting Resource Management  Research and Burma Holdings to apply PAYE and student loan deductions to a purpose other than payment to IRD along with personal charges of knowingly providing false tax returns for himself and Margaret Gallaher and of declaring a salary he did not receive to get a tax refund. Judge Peter Hobbs, in Wellington District Court, remanded Renshaw on bail until May for a date to be set. He also faces bankruptcy proceedings.

Dominion Post p. A3
Thursday 20 March, 2014
Notes:
Resource Management Research Services Ltd (Co. no. 816377 ) Incorporated 04/07/1996
Registered Office and address for service: Flat 12, 5 Wakefield Street, Alicetown, Lower Hutt, 5010 , New Zealand.
[Read more…]

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Filed Under: Crime, Enforcement Tagged With: Burma Holdings, Burma Holdings (2006), Patrick John Renshaw, Patrick Renshaw, Resource Management Research, Resource Management Research Services, tax fraud

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