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Tribunal decision [2020] NZREADT 18 recalled following clarification request regarding split of compensation to complainants. Payment ordered to be made to each complainant in equal shares.
Charges laid under s 91 of the Act. Defendant found guilty of serious misconduct under s 73(c)(iii) of the Act. Order that defendant be censured and fined $2,000, and ordered to pay costs of $1,500.
Charges laid under s 91 of the Act. Defendant found guilty of misconduct on charge 1 and guilty of unsatisfactory conduct on charge 2. Defendant censured, fined $4,000 and licence suspended for 6 months. Defendant also ordered to provide a written apology to the complainants as well as $5,000 to each of the complainants. Defendant ordered to undertake further education.Decision issued on 20 April 2020 then recalled and reissued on 16 June 2020. See ruling [2020] NZREADT 25.
Charge laid under section 91 of the Act. Defendant breached r 8.3 of the Rules and s 50 of the Act.
Application to submit further evidence on appeal. Application dismissed.
Application to remit matter back to Committee under section 111(4) of the Act. Application declined as all party consent required for Tribunal to remit back to Committee.
Charges laid under section 91 of the Act. Defendant found guilty under section 73(c)(iii) of the Act. Defendant censured and fined $2,500. Application under section 108 of the Act (application for non publication order) declined.
Appeal under section 111 of the Act. Interim decision regarding second respondents application for strike out. Appellant allowed time to file an amended notice of appeal.
Appeal under s 111 Real Estate Agents Act 2008. Appeal against dismissal of allegations of misrepresentation and breach of confidentiality, and complaint that agency failed to properly supervise and control its agent. Allegations found not to be made out by the Complaints Committee. Appeal brought out of time. Erroneous notice about time to appeal issued by Committee. Extension to time to bring appeal in granted. Appeal dismissed.
Decision on penalty following Tribunal decision [2020] NZREADT 03. Defendant censured and ordered to pay a fine of $14,000.
Application for costs following dismissal of an application for disclosure of Tribunal file. Costs awarded to applicant - $8000.
Application for costs ruling. Costs order of $8250 made.
Appeal under section 111 of the Act. Appeal dismissed.
Appeal under section 111 of the Act. Matter remitted back to Complaints Assessment Committee to allow for reconsideration of complaint with document that was incorrectly not put before the Committee.
Application under s112 for Review of a Registrars decision. Application declined.
Application to submit further evidence on appeal. Application opposed by the second respondents. Application declined however due to importance of evidence to matter, parties have been given the option of requesting that the matter be remitted back to the Committee for further consideration.
Appeal under section 111 of the Real Estate Agents Act 2008. CAC finding licensee guilty of unsatisfactory conduct regarding r 6.3. Appeal dismissed
Appeal under s111 of the Real Estate Agents Act 2008, after CAC found licensee guilty of breaching r9.6. Appeal allowed by consent. Appeal was not against other CAC findings so CAC now to proceed with penalty findings.
Application to submit new evidence on appeal. Application to call evidence from an expert witness, application opposed by respondent. Application allowed, respondent also given leave to cross-examine and/or submit further independent expert opinion evidence.
Charges laid under s73(a) of the 2008 Act, or in the alternative, misconduct under s73(b) of the Act. Defendant pled guilty to disgraceful conduct or seriously negligent conduct in the alternative. Tribunal finding of misconduct under s73(b) of the 2008 Act.Conduct occurred under the 1976 Act so can only impose penalty available under the 1976 Act. Defendant fined $750.
Appeal under section 111 of the Real Estate Agents Act 2008. Application by appellants to submit further evidence in support of their appeal and to cross-examine witnesses on their statements to the Real Estate Agents Authority. Applications opposed by both respondents. Leave is not required to submit exhibits A & H as these are provisions of the Act or Rules, or material that was provided to the Committee. Exhibit B and E are allowed, exhibits C, F & G are declined. Leave is given for the second respondents to be cross-examined on their statements. Leave is declined for cross-examination of members of the Committee and two others.
Application for disclosure of its file relating to a disciplinary proceedings under the Real Estate Agents Act 2008. Request from an attourney practising in the USA, for release of Tribunal file to assist with another matter in the San Francisco Superior Court. There is no provision in the Act, or any rules or regulations made under the Act, providing for access to the Tribunals documents. The Tribunal is not listed as being subject to the Official Information Act 1982 and is expressly excluded from the provisions of the Privacy Act 1993. If the Tribunal followed the approach of the courts' access rules, the application would be declined. Application declined.
Charge laid under s91 of the Real Estate Agents Act 2008. Charge is of misconduct on the grounds that it breached reg 15 of the Real Estate Agents (Audit) Regulations 2009.Agency accepts breach but denies that it wilfully or recklessly contravened the Regulations. Charge of misconduct under s73(c) proved. Submissions as to penalty timetabled.
In its decision [2019] NZREADT 46, the Tribunal allowed the appeal and found that the licensees had engaged in unsatisfactory conduct. Tribunal declines to make an order of compensation to the appellant, an order of costs is also declined as no proof of incurred costs provided. Both licensees are censured and Mr Christiansen is ordered to provide an apology addressed to the appellant on a form approved by the Authority.
Ruling of the Tribunal on an application to submit further evidence on appeal. Appellant filed an application for leave to submit further evidence in support of her appeal. Tribunal ruled that the material that was already before the CAC, is already on file so leave is not required, the rest of the application is declined as the appellant has not satisfied the Tribunal that the evidence could not have been provided to the CAC, nor is the Tribunal satisfied that the evidence will materially assist the Tribunal in determing the appeal.