Name Withheld

Member’s name: Name Withheld
Date of Hearing: 17 March 2026
Division: New Zealand
Tribunal: One Person

On 17 March 2026 the One Person Tribunal found the Member breached CPA Australia’s 11 May 2022 Constitution (“the Constitution”) in that they had:

Complaint 1
“committed, participated in or been involved with an Adverse Event” as defined in Article 76(c) of the Constitution in that they “breached this Constitution (or a constitution of the Company in force from time to time before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” in that they breached By-Law 9.5(b) of the 1 October 2025 By-Laws (By-Laws) that provides:

Every member holding a current Public Practice Certificate must for so long as the Member holds the Public Practice Certificate must, for so long as the Member holds the Public Practice Certificate:

2. in respect of a Practice Review under the Practice Review Program relating to that Member, comply with all Practice Review steps and requirements and successfully complete a periodic Practice Review within the Practice Review Program Prescribed Timeframes.
   

Particulars
The Member was assessed on 24 August 2023 where the following significant findings were identified:

1. Material errors in taxation and compliance engagements contrary to APES305; and 
2. Non-compliance with APES 310 regarding audit/assurance requirements for a trust account.

The Member underwent a re-review where it was found that the majority of prior issues remain unresolved, and further significant deficiencies were identified across five further new client files sampled, relating to the Member’s failure to comply with the principle of professional competence and due care, as outlined in APES 113.1(b) which requires a member to act diligently and in accordance with applicable technical and professional standards, including but not limited to:

1. Absence of a balance sheet for an investment entity holding a mortgaged property contrary to APES 315 (Compilation Engagements);
2. Incorrect classification of an entity as a company with GST and PAYE obligations when it was in fact an investment trust;
3. Omission of mortgage interest deductions in two tax returns, also contrary to APES 220;
4. Missing GST reconciliation, with no supporting documentation to substantiate the amounts claimed also contrary to APES 220;
5. Lack of creditor reconciliation, preventing verification of reported balances also contrary to APES 220.

Decision
The member cooperated with CPA Australia throughout the process and admitted the Complaint prior to the convening of the One Person Tribunal, consenting to the Determination and imposition of the penalty below.

The One Person Tribunal found the Complaints sustained and imposed the following penalty:

Penalty and Conditions
The One Person Tribunal considered the submissions and mitigating factors put forward by the Member and CPA Australia and imposed the following penalty:

Complaint 1:

• The Member to successfully complete the CPA Program taxation studies in New Zealand by 31 December 2026;
• The Member to successfully complete at the Member’s own cost a Practice Review by 31 December 2027 or as otherwise agreed by the General Manager Professional Conduct.
  

Costs
The Member was ordered to pay CPA Australia’s costs of $5,886.00.