Undischarged bankrupt in Whangārei breaks the law around insolvency

A jury in the Whangārei District Court has found Michiel Bezuidenhoudt guilty of breaching the Insolvency Act after he was adjudicated bankrupt. Photo / Michael Cunningham

A Northlander earlier disciplined for falsely claiming to be a chartered accountant has now been found guilty of failing to comply with obligations under the law after he was adjudicated bankrupt.

Michiel David Bezuidenhoudt, 61, was only a provisional member of the New Zealand Institute of Chartered Accountants (NZICA) when he held himself out to be a fully qualified member, specialising in areas such as auditing.

In 2013, he was suspended for two years and ordered to pay $8000 after he was found to have misled the public by claiming to be a chartered accountant on his website.

Bezuidenhoudt was adjudicated bankrupt in the High Court in Whangārei in February 2016, based on an outstanding debt of about $20,000.

As part of his obligations under the Insolvency Act administered by the Ministry of Business, Innovation, and Employment, he was responsible for filing a statement of affairs that spelt out what he owned and to declare any income of more than $500 he earned, among other things.

The Crown alleged Bezuidenhoudt failed to file that statement between May 2016 and July 2019 that breached the Insolvency Act.

It was further alleged that he, as an undischarged bankrupt, took part in the management of a business between July 2017 and July 2019 without reasonable excuse.

Bezuidenhoudt pleaded not guilty to the charges and elected a jury trial in the Whangārei District Court where he was last week

found guilty.

He chose to represent himself but the court appointed lawyer John Moroney as an amicus curiae to help him during the trial.

In his opening address to the jury Crown solicitor Mike Smith said the issue was about Bezuidenhoudt's non-notification to the Official Assignee of him providing accounting services rather than any suggestion he did not do a good job.

Moroney told the jury Bezuidenhoudt had a reasonable excuse as to why he did not file a statement of affairs.

Bezuidenhoudt elected to give evidence during his trial.

He's on bail and will be sentenced next month.