of the Disciplinary Tribunal (Member Guilty of Misconduct in a Professional Capacity, Conduct Unbecoming an Accountant and Breaching the Code of Ethics of the Institute of Chartered Accountants of New Zealand)
At a hearing of the Disciplinary Tribunal of the Institute of Chartered Accountants of New Zealand held on the 29th day of September 2004, at which the member attended by teleconference, the Tribunal recorded that Kevin Patrick Griffin, of Pukekohe, pleaded guilty to the following charges and admitted the following particulars:
Charges
THAT in terms of the Institute of Chartered Accountants of New Zealand Act 1996 and the Rules made thereunder, and in particular Rule 21.30, the member is guilty of:
? misconduct in a professional capacity;
? conduct unbecoming an accountant; and
? breaching the Code of Ethics of the Institute (1995), specifically FP5; EP13.
Particulars
IN THAT in his role as treasurer of a charitable organisation, the member misappropriated funds belonging to that charitable organisation to the value of approximately $17,994.32.
The tribunal found that the member had pleaded guilty to the charges and had admitted the particulars.
Orders of the Tribunal
(a) Pursuant to Rule 21.31 (a) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that the name of Kevin Patrick Griffin be removed from the institute's Register.
(b) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Kevin Patrick Griffin pay to the institute the sum of $2,989.59 (inclusive of G.S.T.) in respect of the costs and expenses of the hearing before the disciplinary tribunal and the investigation by the professional conduct committee.
(c) Pursuant to Rule 21.52 (b) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered the publication of the name of the complainant be prohibited.
In accordance with Rule 21.35 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal directed that the decision be published in
the Chartered Accountants Journal of New Zealand, the
New Zealand Gazette and the New Zealand Herald with mention of the member's name and locality.
In reaching its decision, the tribunal considered that the charges to which the member had pleaded guilty were
very serious particularly due to the amount of money misappropriated, that the money was taken over a period of time and on numerous occasions and the funds were taken from a charitable organisation.
When a member of the institute commits fraud it inevitably tends to bring the profession into disrepute.
Right of Appeal
Pursuant to Rule 21.41 of the Rules of the Institute of Chartered Accountants of New Zealand which were in force at the time of the original notice of complaint, the member may, not later than 14 days after the notification of this tribunal to the member of the exercise of its powers, appeal in writing to the appeals council of the institute against the decision.
No decision other than the direction as to publicity shall take effect while the member remains entitled to appeal or while any such appeal by the member awaits determination by the appeals council.
Dated this 4th day of October 2004.
A. N. FRANKHAM, Tribunal Chairman.