New Zealand Law
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Answered in 6 minutes by:
3/19/2012
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,464
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer :
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer :
It is an offence under the Insolvency Act to leave the country without consent of the Official Assignee. But they cannot prosecute him if he is not here. If someone incurs bebts while bankrupt, an application can be made for a second bankruptcy, although this would not get the debts paid. Effectively, without him returning there is little which can be done.
Customer:
but nz citizen
christhelawyer :
If he isnt here, there is not much that can be done-its not his citizenship that is the key, but him being in New Zealand
Customer:
Ok Ill come from another angle...during a contract that required drawdowns for development, his accountant authorised with the QS the release of $10k to themselves of which I have evidence and correspondence in regards XXXXX XXXXX unauthorised deed...it occured approx 5 years ago and again due to the relationship with 1 in particular it was agreed to be paid asap...it wasnt...what action can be taken, can i report to police after this time period...just think that some should be recovered...somehow...as there will be a time he will return
christhelawyer :
What was the $10,000 drawn down for and who was it paid to? I am not sure from the question.
Customer:
drawdown was a project development progress payment, I was developer, his accountant approached QS and advised payment to himself (accountant)...QS never questioned and released funds to the accountant which they took....As developer, payment goes to developer, which is then paid to contractor
Customer:
there was no outstanding anything at that time...it was the first payment, i was naive...they approached QS and he gave it
christhelawyer :
If you have not done anything in the last 5 years I doubt the police will be interested, and in addition, I am not sure that this is criminal although it may be irregular.
christhelawyer :
There should of course have been some invoice or fee raised for this.
christhelawyer :
So the accountant took the money and passed it on?
Customer:
yip to the builder whom has fled overseas...an unlawful act on behalf of accountant i would have thought as at no time was he authorised to act on my behalf he acted on behalf of someone i had contracted...yes passed on to the developer....they in the beginning acted on my naievity
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,464
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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