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, which the member elected not to attend and was not represented by counsel, the tribunal recorded that Philip Morris Anderson, of Sydney, Australia, was found guilty of the following charges and 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 has been convicted of an offence punishable by imprisonment and the conviction tends
to bring the profession into disrepute.
Particulars
IN THAT on or about 23 October 2003, at the Manly Local Court in Australia, the member pleaded guilty to an offence, under section 176A of the Crimes Act 1900 of Australia, that the member took a cheque from his employer which was made payable to the Australian Tax Office and deposited that cheque into his own account.
The tribunal found the member guilty of the charges and the particulars.
Orders of the Tribunal
(a) Pursuant to Rule 21.30 (k) of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Philip Morris Anderson be censured.
(b) Pursuant to Rule 21.31 (b) of the Rules of the Institute of Chartered Accountants of New Zealand, the Disciplinary Tribunal ordered that Philip Morris Anderson be suspended from membership of the Institute for two years.
(c) Pursuant to Rule 21.33 of the Rules of the Institute of Chartered Accountants of New Zealand, the disciplinary tribunal ordered that Philip Morris Anderson pay to the institute the sum of $2,677.00 (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.
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 and
the New Zealand Gazette with mention of the member's name and locality with referral to the finding of mitigating circumstances.
In reaching its decision, the tribunal considered that the charges to which the member had been found guilty to be serious, any conviction of a member in a public court on a fraud charge tends to bring the profession into disrepute.
When making its decision the tribunal took into consideration a number of factors including the need to ensure that the interests of the public are protected, the penalty imposed by the Australian court and the likely reasons for it.
The tribunal considered that there were sufficient mitigating factors for the member not to be removed from the Register.
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.