Charge Detail Summary

Return
File Number: Mid17/386P
Practitioner: Pania Lee Nin


Hearing Start Date:

Hearing End Date:

28/08/2017

28/08/2017


Hearing Town/City: Wellington

Hearing Location:

The Kauri 3 and 4 Room, Brentwood Hotel, 16 Kemp Street, Kilbirnie, commencing at 10.30am


Charge Characteristics:

Legislation – breach of Crimes Act 1961

Established following a conviction in the District Court of making false claims for maternity services and obtaining by deception a pecuniary advantage

(Established)


Forgery/fraud

Fraud

(Established)


Additional Orders:


Appeal Order:


Decision:

Full Decision 910Mid17386P.pdf


Appeal Decision:


Precis of Decision:

Charge

The Tribunal considered a conviction charge by a Professional Conduct Committee appointed by the Midwifery Council of New Zealand against Ms Pania Lee Nin of Hamilton (the Midwife).

The Midwife was convicted and sentenced in the District Court of Hamilton of two representative charges against the Crimes Act of making false claims for maternity services and obtaining by deception a pecuniary advantage.

The charge alleged that the convictions either separately or cumulatively, reflected adversely on the Midwife's fitness to practise in that she:

  1. Between April 2008 and September 2011 submitted claims for payments to the Ministry of Health for lead maternity carer (LMC) services by falsely creating records for two women and 55 babies that did not exist and in doing so obtained by deception $151,080.
  2. Between September 2014 and December 2015 submitted claims for payment to the Ministry of Health for LMC services falsely creating records for 3 women and 65 babies that did not exist and in doing so, obtained by deception the amount of $206,059.09.

The Midwife did not attend the hearing but submitted correspondence to the Tribunal admitting her offending and accepting she has brought discredit to the profession as well as to herself, her family and friends.

Finding

The Tribunal found the convictions did reflect adversely on the Midwife's fitness to practise.  The fraud was sustained and sophisticated and was fraud on a significant scale.

Penalty

As the Midwife did not offer any explanation for or in mitigation of her conduct, the Tribunal found it difficult to make a realistic assessment of the prospects of her rehabilitation in the future.

Given the seriousness of the fraud and having regard to previous decisions arising in comparable circumstances, the Tribunal censured the Midwife and ordered cancellation of her registration.  Costs of 30% were also imposed to the sum of $4,992.

The Tribunal directed publication of its decision, a summary or a reference to its decsion.