REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL
Protocol for the COVID-19 Protection Framework

Introduction
The Real Estate Agents Disciplinary Tribunal has put the following additional safety measures in place to reduce the risk of hearing participants being exposed to COVID-19.  These measures will apply to all hearings while the COVID-19 Protection Framework (or “traffic light system”) is in place.

When do these safety measures start?
1. These measures apply in respect of hearings on and after 24 January 2022.

Who can attend a hearing in person?
2. To attend a Tribunal hearing in person at levels Red, Orange, or Green of the traffic light system, all parties, support people, witnesses, interpreters and any other person entering a Tribunal hearing room (apart from persons under the age of 12 years and 3 months) will need to have a COVID-19 Vaccination Certificate (My Vaccine Pass) which they will need to email to the case manager when a hearing is set down.

3. A person wishing to attend a Tribunal hearing who has not complied with paragraph 2 will not be permitted to attend in person.  The Tribunal will do its best to facilitate the attendance of an unvaccinated person remotely by video-link over the internet (using Virtual Meeting Room, Microsoft Teams or similar) or telephone.  Any such person must email this information to the case manager when the hearing is set down.

What other safety measures are in place?
4. Everyone who attends the Tribunal in person must comply with the following health and safety requirements (and any other requirements advised by staff at the Court or hearing facility):

  • Show a copy of their Vaccine Pass and photo identification (such as a driver’s licence or passport) if required to do at the entrance to the building;
  • Scan the QR Code at the entrance to the building, or record details in the register provided at the door;
  • Wear a facemask in the building and in the hearing room, unless an exemption applies, or unless the panel chair approves its removal in the hearing;
  • Maintain a distance of at least 1 metre from others (unless they are a person attending with you).

5. Any concerns about health and safety practices in the Court should be raised with the Court Manager in the first instance.  In the event of community transmission in your area, public health advice will be taken and further measures may be put in place.

Other aspects of the Tribunal’s processes
6. While the COVID-19 Public Health Response (Protection Framework) Order 2021 is in force, the Tribunal will, as far as is reasonably practicable, operate in its usual manner.

7. There may, in some cases, need to be changes to the way the Tribunal operates, including by conducting hearings entirely by video-link or telephone or by requiring that documents be emailed rather than posted or delivered.

8. Parties affected by any change to the Tribunal’s usual operating procedures will be advised of those changes and provided with information to ensure that they understand how their matter will be handled by the Tribunal.

9. This Protocol applies until revoked or modified by the Tribunal.

D J Plunkett
Chair
24 January 2022

If you have any further questions, please email  READT@justice.govt.nz

 

The Real Estate Agents Disciplinary Tribunal deals with matters related to the licensing and disciplining of real estate agents licensed under the Real Estate Agents Act 2008 to carry out real estate agency work.

Note: If you’re a tenant wanting to complain about your property manager or your landlord, or if you’re a landlord having problems with a tenant, you should contact Tenancy Services to resolve your problem.

Tenancy Services website(external link)

What the tribunal can hear & determine

Charges referred by a Complaints Assessment Committee

The Tribunal makes decisions about complaints referred to it by a Complaints Assessment Committee.

A committee can refer serious cases involving alleged misconduct to the Real Estate Agents Disciplinary Tribunal by laying and prosecuting a charge before it.

A committee can also apply to the Tribunal for a real estate agent’s (or a real estate agency’s) licence to be suspended until the charges have been heard. 

Appeals against Complaints Assessment Committee decisions

You can appeal a decision of a committee. You need to file your appeal within 20 working days after the date of the committee’s decision.

Under exceptional circumstances the Tribunal may accept an appeal no later than 60 working days from the date notice was given. When you send in your application you must make an application to the Tribunal which states the exceptional circumstances that prevented you from filing an appeal within time, this includes cross appeals.

The cost for filing an appeal is $30 which can be paid online using File and Pay(external link) or by completing the credit/debitcard form [PDF, 275 KB] and attaching it with your appeal form.

Applications to review a decision of the Registrar of the Tribunal

You can apply to the Tribunal for a review of a decision of the Registrar of the Real Estate Agents Disciplinary Tribunal. You need to file your application within 20 working days after the date you were notified of the Registrar's decision.

The cost for filing a review is $30 which can be paid online using File and Pay(external link) or by completing the credit/debitcard form [PDF, 275 KB] and attaching it with your review form.

D J Plunkett

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