Takena Stirling
Former Waipā district councillor Takena Stirling has been struck off the roll of barristers and solicitors and his misconduct has cost the Law Society’s Fidelity Fund in the vicinity of $90,000.
He appeared before the New Zealand Lawyers and Conveyancers Disciplinary Tribunal in Auckland last month withdrawing an application for name suppression at the start of the hearing. The decision was released this week.
Stirling of Te Awamutu admitted five charges of misconduct which the tribunal described as in the “most serious category.”
They involved deception of his bank and misappropriation of funds, persistent overdrawing of the trust account, discharging a mortgage without repaying it, filing on a monthly basis false and misleading trust account compliance certificates and misappropriating funds from his overdrawn trust account in June, July and September last year.
The offending came to light in March when he was suspended and within hours of The News revealing the decision, Stirling had resigned from his position as a district councillor in the Waipā Māori ward.
He won a three way contest for the seat last year beating Gaylene Roberts and Bill Harris with more than half of the ward’s 552 votes.
Stirling has been ordered to pay $5000 in costs towards the Tribunal hearing and to reimburse $1625 to the New Zealand Law Society.
The News understands Stirling withdrew $100,000 from his practice’s trust account in August last year – less than two months before his election – for a client settlement but used it for himself.
He told the tribunal earlier this year he intended to repay the money but while about $15,000 of it was recovered, the Fidelity Fund would repay the rest.
Tribunal deputy chair Dr John Adams said in the decision that despite the gravity of the situation, and the tribunal’s condemnation of his misconduct, that needed to be balanced by recording some features that added credit to Stirling.
“We accept that Mr Stirling is deeply remorseful for his wrong-doing. Once the situation came to light, he accepted responsibility. He has not advanced weak excuses or thin defences. The depth of whakamā he experiences, has been palpable in his conduct throughout, and in his demeanour at the hearing.”
Stirling was conscious of the shame he had brought on his community and whānau. His social, family and living circumstances had changed drastically.
“The task of picking up his life has been difficult, humbling and miserable for Mr Stirling,” said Adams.
“Despite the gravity of the charges, we do not find him to be in an irremediable situation in the long run. The quality of his legal work was not in question. His capacity to contribute to his community via many skills he has, can still flourish. Although he could not expect to be in charge of a trust account, it is not unthinkable that he might be able to practise, subject to conditions, at some time in the future. That, of course, would depend on how he conducts himself in the medium future.”
Read: Councillor suspended
