Terms of Engagement
Please read the Robertson Bixley Terms of Engagement when working with us.
Authority to Act
You confirm that you, and any other person you nominate in writing (provided we have acknowledged such nomination), are authorised to give us instructions and information on behalf of all persons we are acting for and to receive our advice and documents on their behalf. If we are acting for a business, and we receive conflicting advice, information, or instructions from different persons, we may refer the matter to the board of directors, partners, or proprietors (as applicable) and act only as requested by them.
Advice to Family Units
We will advise you and your spouse/partner on the basis that you are a family unit with shared interests. We may deal with either of you and may discuss with either of you the affairs of the other. If you wish to change these arrangements, please let us know.
Anti-Money Laundering Compliance
From 1 October 2018, all New Zealand accounting practices became subject to New Zealand’s Anti-Money Laundering and Counter Financing of Terrorism Act 2009. Where we are required to conduct customer due diligence, this Act does not allow us to act, or continue to act, for our clients unless we have conducted that due diligence. Accordingly, we may be required to verify your identity for the purposes of anti-money laundering laws. We may require from you such information as we require for these purposes and make searches of appropriate databases.
Responsibility for Information
You will accept responsibility for the accuracy and completeness of any necessary information required to complete the engagement or for which is to be used in the preparation of financial statements and tax returns. You will provide necessary information in sufficient time to enable our services to be completed before any applicable deadline. We will rely on such information as being true, correct, and complete and will not audit the information. Robertson Bixley Limited will not complete an audit, nor do you wish Robertson Bixley Limited to undertake a detailed review of your affairs in order to substantiate the accuracy of your information. Robertson Bixley Limited are therefore not asked to provide any assurance on your financial statements. You further understand that the financial statements will be prepared at your request to determine your taxation liabilities, and that Robertson Bixley Limited will not be liable for any losses, claims, or demands by any third party. The financial statements will be special purpose financial statements to meet the requirement of the Income Tax Act 2007 and not to be considered as general-purpose financial statements prepared under generally accepted accounting principles. You will be required to review and approve the financial statements and tax reports for reasonableness and correctness. You are required to understand the importance and risks of signing the documents as being true and correct statutory records. You must keep us informed on a timely basis of changes in your circumstances that may affect our services.
Legal Obligations
To the extent our services involve the performance of services established by law, nothing in the engagement letter or these terms reduce our obligations under such law. You must not act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid. Where our engagement is recurring, we may amend our engagement letter and these terms where we consider it is necessary or appropriate to do so. If you do not accept such amendments, you must notify us promptly in which case you may terminate our engagement in accordance with section 17 below and those amendments will not apply prior to such termination.
Verbal Advice
We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing.
Investment Advice Restrictions
We are prohibited from providing you with investment or financial advice regulated under the Financial Markets Conduct Act 2013, as amended by the Financial Services Legislation Amendment Act 2019.
Compliance with Professional Standards
We are required to comply with all applicable by-laws, rules, regulations, professional and ethical standards, and guidelines of Chartered Accountants Australia and New Zealand and the New Zealand Institute of Chartered Accountants (NZICA). These requirements include the NZICA Code of Ethics, which among other things contains confidentiality requirements. In accordance with these requirements, we will not disclose information we obtain in the course of this engagement to other parties, without your express consent, except as required by:
Laws and Regulations: For example, disclosures required under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (including to a third-party auditor) and as required by the Common Reporting Standard.
Professional Obligations: Including the provisions of the NZICA Code of Ethics that apply if we become aware of actual or potential ‘non-compliance with laws and regulations’ (NOCLAR). Where any such non-compliance poses substantial harm (such as adverse consequences to investors, creditors, employees, or the public), we may be required to disclose the matter to an appropriate level of management or those charged with governance and/or an appropriate authority.
Practice Review and Disciplinary Procedures: The provisions of the NZICA Rules and Professional Standards that subject us to practice review, trust account audits, investigations, and disciplinary procedures. These rules require us to disclose to NZICA, its practice reviewers, and/or its disciplinary bodies our files and workpapers including client information. In accepting this engagement you acknowledge that, if requested, our files related to this engagement, may be made available to NZICA, its practice reviewers, and/or its disciplinary bodies. Employees and contractors of NZICA are also bound by confidentiality under contract and by the NZICA Code of Ethics.
Conflict of Interest
We will inform you if we become aware of any conflict of interest in our relationship with you (including between the various persons this engagement letter covers) or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests or you do not consent to the way in which we propose to manage the conflict then we will be unable to provide further services to some or all of the persons to whom this engagement applies. If this arises, we will inform you promptly. We may act for other clients whose interests are not the same as or are adverse to yours, subject to the obligations of conflicts of interest and confidentiality referred to above.
Fees and Payment Terms
Our fees will be charged on the basis set out in the engagement letter and have been set based on the level of skill, responsibility, importance, and value of the advice, as well as the level of risk. If we have provided you with an estimate of our fees for any specific work, this is an estimate only and our actual fees may vary. We may provide a fixed fee for the provision of specific services. If it becomes apparent to us, due to unforeseen circumstances, that a fixed fee is inadequate, we may notify you of a revised figure and seek your agreement to it. We will bill weekly or monthly and our invoices are due for payment within 14 days of issue. Our fees set out in our engagement letter are exclusive of GST which will be added to our invoice where it is chargeable. Any disbursements and expenses we incur in the course of performing our services will be added to our invoices where appropriate. Unless otherwise agreed to the contrary, our fees do not include the costs of any counsel, or other professionals or third parties engaged with your approval.
Late Payment and Suspension of Services
We may charge interest on late paid invoices at the rate of 2% above the Reserve Bank of New Zealand cash rate. We may also suspend our services or cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
