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Annual Report 2008

Annual Report for the year ended 30 June 2008

NOTES TO THE FINANCIAL STATEMENTS

for the year ended 30 June 2008

COMMITMENTS

There were no lease commitments at balance date. (2007 - no commitments).

The Panel had no capital commitments at balance date. (2007 - no commitments).


CONTINGENT LIABILITIES

There were no contingent liabilities at balance date. (2007 - no contingent liabilities).


CONTINGENT ASSETS

There were no contingent assets at balance date. (2007 - no contingent assets).


TRANSACTIONS WITH RELATED PARTIES

Transactions with other entities within the Crown
The Panel is an independent Crown entity for the purposes of the Crown Entities Act 2004. The Crown is its major source of revenue.

The Panel has entered into a number of transactions with other entities within the Crown on an arm's length basis. Where those parties are acting in the course of their normal dealings with the Panel, related party disclosures have not been made for transactions of this nature.

The Panel has a special relationship with the Securities Commission, another independent Crown entity and therefore also a related party. This is referred to in Note 3.

Transactions with suppliers
The Panel has processed a number of exemption and adviser applications from firms where a Member of the Panel was a partner in the firm. Those applications were processed and invoiced using the Panel's standard procedures.

During the year the Panel paid expenses to:

>
PricewaterhouseCoopers, a firm of which J.A. Waller, Member of the Panel, is a partner. The expenses totalling $14,175 were for advice given in respect of the Panel's possible office relocation which were charged on normal commercial terms. (2007, Nil).

No related party debts have been written off or forgiven during the year.



KEY MANAGEMENT PERSONNEL COMPENSATION

Key personnel comprise the members of the Panel and the senior management staff.

 

2008
$

2007
$

Short term employee benefits:
- Members' fees 397,275 335,473
- Senior management team remuneration 134,754 -
  $532,029 $335,473

Employee remuneration
From April 2008 the Panel commenced direct employment of three staff members. During the year, no employees of the Panel, not being Members, received remuneration and other benefits from the Panel in excess of $100,000.



BOARD MEMBER REMUNERATION

 

2008
$

2007
$

D.O. Jones (Chairman) 168,808 76,625
J.C. King (Former Chairman - 78,445
A. Lawrence (Deputy Chairman) 23,112 26,544
D.M Byrne - 11,500
A.N. Frankham - 11,360
C.G. Giffney 36,077 27,700
P.M. Greenwood 18,023 3,686
K.J. O'Connor 43,688 26,517
D.J. Quigg 34,294 24,460
D.M.D. Rawstorne - 2,699
S. Suckling 43,398 28,657
K. Taylor 21,101 10,580
J.A. Waller 8,774 6,700
Total $397,275 $335,473


SUBSEQUENT EVENTS

There were no material events subsequent to balance date that would affect the interpretation of the financial statements or the performance of the Panel. (2007 - no subsequent events)


BUDGET VARIANCES

Significant variances from budget were:

Income
Total operating income was $303,989 higher than budgeted, primarily because of the higher than expected level of recoveries from enforcement action (three section 32 meetings were held during the year) and the additional $100,000 of funding from the Crown announced in the 2008 Budget.

Expenditure
Total operating expenditure for the year was $203,799 higher than budgeted, primarily because of higher than expected expenditure on consultants and legal experts. This was necessitated by the number of enforcement meetings, the need to engage consultants to cover a staff vacancy that arose during the year and to assist with the review of the Code, and for advice in relation to the Panel's recommendations concerning schemes of arrangement.

Net operating surplus
The Panel recorded an operating deficit of $45,510 when a deficit of $145,700 had been expected. The main contributor to the lower than expected deficit was the receipt of $100,000 of additional Crown funding in the fourth quarter.


PROFESSIONAL INDEMNITY INSURANCE

The Panel has effected a professional indemnity insurance policy to provide cover for members of the Panel, employees of the Panel, and employees of the Securities Commission working for the Panel as the Panel performs its duties and carries out its statutory functions.