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Financial Reporting Act 2013

External Reporting Board, standards, and provisions that apply to other enactments - Standard provisions relating to auditor qualifications and access to information - Auditor qualifications

36Q: False declarations and representations

You could also call this:

"Telling lies when applying to be an auditor is against the law"

Illustration for Financial Reporting Act 2013

If you want to be an auditor, you must be honest when you apply. You must not say or write anything that you know is false to the Institute, another accredited body, an approved association, or the Registrar. This includes giving them documents that you know are false or not genuine. You can read more about what you need to do to be an auditor in section 36(1). If you are dishonest, you can get in trouble with the law.

If you are found guilty of being dishonest, you can be fined. If you are an individual, the fine can be up to $50,000. If you are a company, the fine can be up to $150,000. You must always tell the truth when you are applying to be an auditor. This is an important rule to follow so you can become a qualified auditor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6521608.

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Part 2External Reporting Board, standards, and provisions that apply to other enactments
Standard provisions relating to auditor qualifications and access to information: Auditor qualifications

36QFalse declarations and representations

  1. Every person commits an offence who, for the purpose of obtaining or maintaining recognition or approval for the purposes of section 36(1) either on the person's own behalf or on behalf of any other person,—

  2. either orally or in writing, makes any declaration or representation to the Institute, another accredited body, an approved association, or the Registrar that, to the person's knowledge, is false or misleading in any material particular; or
    1. provides to the Institute, another accredited body, an approved association, or the Registrar any document knowing that the document—
      1. contains any declaration or representation that is false or misleading in any material particular; or
        1. is not genuine; or
        2. makes use of any document knowing that the document—
          1. contains any declaration or representation that is false or misleading in any material particular; or
            1. is not genuine.

            2. A person who commits an offence under subsection (1) is liable on conviction to,—

            3. in the case of an individual, a fine not exceeding $50,000:
              1. in the case of a body corporate, a fine not exceeding $150,000.

                Notes
                • Section 36Q: inserted, on , by section 8 of the Financial Reporting Amendment Act 2014 (2014 No 64).