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Chapman Tripp warns against making accounts public

Law firm Chapman Tripp is giving a thumbs down to a proposal to make all big companies file financial statements publicly.

The proposal in a Ministry of Economic Development (MED) discussion document applies to companies meeting any two of three criteria -- total assets of at least $10 million, consolidated annual revenues of at least $20m and, or at least 50 fulltime equivalent employees.

The move may apply to partnerships like law and accounting firms. It would apply to companies owned by private families like the Talley and Todd families.

Currently all companies prepare accounts but only those that seek funds from the public and overseas owned companies have to make them public.

"They made cutting room floors for ideas like this," said Chapman Tripp partner Pip England.

MED's rationale is that there is "a broad societal interest" in the financial health of large entities.

The move to make "economically significant" non-issuer companies file general purpose financial accounts each year to the registrar of companies follows similar moves in Australia.

MED estimates that 2000 companies could be affected by the rule change.

Chapman Tripp said a similar idea was shot down in New Zealand in 2005. It raised significant concern among private businesses at the time.

At that time it was argued that it would be a disincentive to invest in New Zealand, it was an unwarranted intrusion of privacy and an unnecessary imposition of compliance costs.

"A lot of people make a conscious decision not to go into the public domain," Mr England said.

Mr England acknowledged that Chapman Tripp as a firm could be caught by the proposed change if extended to partnerships.

"But that is not our motivation. We were just as strongly opposed in 2005 although there was no policy intention at that time to extend the requirement beyond companies," he said.

MED is proposing that New Zealand follow Australia's lead and implement a grandfathering provision to exempt entities already in existence when new regime comes into effect.

"That will provide some comfort to those who qualify for the exemption but it does not even begin to address the principled question of whether the proposal has any intrinsic merit which, in our view, it does not," Mr England said.

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Comments and questions
5

They breach the oft breached rule about legislation. What is the behavioural effect if they introduce such a rule. Business will go offshore if it can. Same with tax legislation. Any legislation. Some people think making a rule will have no effects other than what they intend. Wishful thinking. Significantly less MED seems the best solution. The effects would be very favourable to the economy and increase productivity.

This is one of the stupidest ideas ever. There are obviously still plenty of underemployed busybodies left in the MED despite the change in government. What a lame argument: there is a "broad societal interest" in all kinds of things.
... and where else in the world would a company with 50 employees be considered "large"?

No objection to more transparency in the private sector- but think that there is HUGE scope for more transparency in the PUBLIC sector.

How about getting rid of 'accrual accounting'in local government and giving the public the 'devilish details' of:

1) The NAMES of all private sector contractors.
2) The SCOPE of the contract.
3) The VALUE of the contract.
4) The TERM of the contract.

Would help make the job of the Office of the Auditor-General easier if the above-mentioned details of these private sector contracts were made available for 'public scrutiny', by it being made a statutory requirement to publish this information in council annual reports.

WHY ISN'T THIS ALREADY A STATUTORY REQUIREMENT?

IT'S OUR PUBLIC MONEY!

New Zealand!

Perceived as the least corrupt country in the world (along with Sweden and Denmark, according to Transparency International's 'corruption perception index'.

Pity about the REALITY.

Penny Bright
Media Spokesperson
Water Pressure Group
Judicially recognised 'Public Watchdog' on Metrowater, water and Auckland regional governance matters.
"Anti-corruption campaigner"

waterpressure@gmail.com

Agree with Penny Bright. Entities using PUBLIC funds should provide timely PUBLIC records. Do legislators have nothing to do? Stop wasting taxpayers' money.

Can only assume this was prepared by a bunch of F--k wits appointed by Clark/cullen

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