Murray Byron Provan

Member's name: Mr Murray Byron Provan
Date of Hearing: 6 October 2020
Division: New Zealand
Tribunal: Disciplinary Tribunal

On 6 October 2020 the Disciplinary Tribunal found Mr Murray Byron Provan breached:

Article 39(a)(ii)(G) of the 22 May 2018 Constitution (the Constitution), in that he “pleaded guilty to, or been found guilty of (with or without conviction), any offence (criminal or otherwise, but excluding any offence relating to traffic infringement) before any Court in any jurisdiction (which, in the case of a finding or conviction has not been overturned on appeal) which in the reasonable opinion of the Board is likely to materially adversely reflect upon or affect the standing or reputation of the Company” in respect of being found guilty in the District Court at Tauranga in New Zealand (the Court) and being convicted and sentenced for four years and six months (to be served concurrently) on 22 February 2019 to:

Complaint 1:

• a charge of obtaining by deception the amount of $390,000 from an elderly client between 1 June 2011 and 30 September 2013.

Complaint 2:

• a charge of obtaining by deception the amount of $255,000 from a second elderly client between 26 June 2012 and 31 October 2013.

Mr Provan did not attend the Disciplinary Tribunal hearing or advise that he would have a representative appear on his behalf. As the Member was not in attendance a denial was entered for each Complaint on his behalf.

Penalty and costs

The Disciplinary Tribunal found the Complaints 1 and 2 sustained and imposed the following penalties:

• forfeiture of Membership for each Complaint
• a fine in the amount of $30,000 AUD for each Complaint (combined total of $60,000 AUD).

The Disciplinary Tribunal imposed the following conditions:

• Mr Provan is not eligible for re-admission until 6 October 2050.

Prior to any application for readmission, Mr Provan must first pay the fines and costs. Mr Provan was ordered to pay CPA Australia's costs of $2798.91 AUD.