A Rotorua principal facing financial difficulties forged court documents to claim inheritance money from his grandparents’ estate.

The forgery cost Kairo McLean his job at Aorangi School, from which he voluntarily resigned after being charged, and he self-reported to the Teaching Council.

It also earned him a conviction and six months community detention at his sentencing in the Rotorua District Court on Friday.

His lawyer, Andrew Hill, told the judge the “irony” of the offending was the nearly $60,000 McLean claimed through forged documents had always been earmarked for him, and this was backed up by the fact his family wasn’t seeking reparation.

Judge Melinda Mason acknowledged the 39-year-old had “done everything right” since the offending in 2022 came to light.

“It seems that had you gone about this in the right way, you probably would have got [the inheritance] anyway, or at least a significant amount of that,” she said.

“Your whānau has forgiven you, and the fact that they’re here supporting you enhances that.”

Judge Mason referred to a “very good restorative justice conference” where McLean had to “face up” to his whānau.

“[That was] difficult for you but they’ve forgiven you. That’s a really significant factor in the sentencing process.”

McLean pleaded guilty to two charges of making a false declaration, a charge of using a forged document, and one charge of forgery to obtain a pecuniary advantage.

Kairo McLean was the principal of Aorangi School, but voluntarily resigned after revealing to the school that he was facing forgery charges. Photo supplied.

Forged documents and false declarations

According to a summary of facts, neither of McLean’s grandparents had a will.

In November 2021 he spoke to a representative from the Government Superannuation Fund Authority (GSFA) and was told there was a significant amount of money owed to his late grandfather’s estate and his grandmother, who was at that stage still alive.

McLean was told to speak to a lawyer about the next steps.

Two days later, McLean advised GSFA by email his grandmother had died and asked for documents to be sent through so he and his uncle could apply through the courts for a property order for both grandparents.

The following day, McLean told the GSFA he was applying for a certificate of administration.

However, McLean didn’t obtain the documents through the correct channels, he forged them.

Over the next three months, he provided documents to authorise the transfer of money to his account.

By February 2022, the GFSA paid him $58,724.46, from both grandparents’ superannuation funds.

It wasn’t until 18 months later, in August 2023, that what he had done came to light. A lawyer, acting on behalf of another whānau member, contacted the GSFA and found the funds had already been obtained by McLean.

The Ministry of Justice said a Certificate of Administration had never been issued for the grandfather’s estate.

In an earlier sentencing indication, Judge Maree MacKenzie agreed with McLean’s lawyer the offending had occurred over a reasonably short period but said an aggravating factor was that it had been “premeditated and deliberate”.

While Hill had submitted it was “relatively unsophisticated”, the judge said, “there was a clear and deliberate plan by you to get the money from the Government Superannuation Fund and into your account”.

“You did not take the correct legal channels and instead forged documents and made false declarations.”

She noted “forging letters of administration is something that does strike at the heart of the administration of justice because they are court documents”.

She also said a further aggravating factor was that it had been a “significant breach of trust”.

“I say that because the purpose of your actions meant that whānau members were, or could have been, deprived of money they were legitimately entitled to.”

“The purpose was to obtain a benefit for yourself to the detriment of other family members. This offending involved whānau.”

McLean’s final sentence

After he’d accepted the sentencing indication, McLean’s final sentencing involved Judge Mason deciding what discounts were available, and whether home detention or community detention were appropriate outcomes.

She said it was clear he had genuine remorse for his actions, indicated by his willingness to engage with restorative justice, his confession to his former school, and a letter of remorse she’d been provided with.

He was addressing the “bad money management” and debt that had led to his offending, having sought professional help to organise his finances.

The judge also referred to letters of support she’d been provided.

“I’ve got a number of references here from educational institutions, whānau, friends, and I can say that in your everyday life you make an effort to give back to other people, and that you’ve been really important in that education sector.”

Lawyer Andrew Hill had earlier noted McLean had self-reported to the Teaching Council and that would likely trigger an independent disciplinary process.

After resigning as principal at Aorangi School, he was employed in a straight teaching role at a different school.

His lawyer acknowledged he was unlikely to be employed in any management role “any time soon”.

The judge agreed to a 35% discount for his good character, remorse, and prospects of rehabilitation.

“That’s a really high and unusual amount to discount something, but I think in your case, where you’ve done everything possible to make things right, that it is an appropriate discount for you.”

He also qualified for a discount for his guilty plea.

She reached an end sentence of 12 months’ imprisonment which she decided was best served as a six-month term of community detention.

This meant he would need to be home between 9pm and 6am every night.

The judge said, “I am willing to sentence you to community detention so you can keep helping the community and do what you need to do, and give back as you have been.”

- Rotorua Daily Post