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.
To help understand the crucial role of RIET consider the following case study:
John M Carr CPA (see photo: http://www.carr.co.nz/images/jmc.jpg) is one of the three directors of New Zealand Petroleum Exploration Limited (Co. No. 21102). See http://www.nzpetroleum.co.nz/
Formerly known as Triton Oil NZ Ltd, its directors are responsible for failing to file the company’s annual return due February 2014.
A notice on the Companies Office website states:
“This company is now overdue in its obligation to file an annual return. If the annual return is not filed immediately the Registrar will initiate action to remove the company from the register”.
Why would an experienced well-qualified director apparently choose to not fulfil his duties as required under the Companies Act 1993? Is it because there are issues involving unpaid tax? Is it to avoid public scrutiny of the apparently defunct status of this company that has carried a $7 million loss forward for many years? Has this massive loss carried forward each year benefited any one of the directors who each hold shares in the company? Has the director who holds the majority of the company’s apparently worthless shares sought to gain an tax advantage through this defunct company that has carried out no business for years? Why was this company not put into liquidation years ago?
The loss for taxation purposes carried forward by New Zealand Petroleum Exploration Limited was $7,342,904.78 in 2006 and $7,339,123.39 in 2007. In 2007 the company made $3,605.97.
See: Financial Statements for Year ending 31/05/2006
Financial Statements for Year ending 31 May 2007
The company’s registered office is Unit 13 C, 33-35 Apollo Drive, Mairangi Bay, Auckland, 0632, New Zealand, which also serves as the registered office for 20 other companies John M Carr CPA directs, plus another one he co-directs. He personally owns the majority of these companies.
New Zealand Petroleum Exploration Ltd (“NZPEL”) currently has three directors listed on the Companies Office register:
Malcolm James Hamilton BROWN
Residential address: 9/166 Oriental Parade, Oriental Bay, Wellington, 6012, New Zealand
Appointment date: 17 Feb 1993
John Malcolm CARR
Residential Address: 289 Cornish Point Road, Rd 2, Cromwell, 9384 , New Zealand
Appointment Date: 09 Nov 1994
Stuart Hamilton CAIRNS
[since 12/11/07 registrant of the domain name nzpetroleum.co.nz]
Residential address: 12 Greenlane Road East, Remuera, Auckland, 1449, New Zealand
Appointment Date: 09 Nov 1994
The largely meaningless shareholding records that have been filed each year with the NZPEL annual returns have largely consisted of a list of companies that are defunct (e.g. were struck off the register years ago).
The continuing listing of NZPEL on the register with its bogus shareholder listings has compromised the integrity of the Companies Office website. This example serves to highlight the importance of the RIET.
For further details see:
NEW ZEALAND PETROLEUM EXPLORATION LIMITED
Physical Contact Details
22588 Scenic Loop Rd
P.O Box 780637
Fax: +1 210 694 7884
33-35 Apollo Dr
P.O Box 28684