Application under s112 for Review of a Registrars decision. Application declined.
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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.
An appeal under s111 of the Real Estate Agents Act 2008. Appeal against CAC substantive decision dismissed. CAC decision on orders varied so that the refund of commission is payable to the the company (rather than individual).
Application to file a late appeal under s111(1A) of the Real Estate Agents Act 2008. Application declined.
Application under s111(1A) of the Real Estate Agents Act 2008, for two late appeals. Application granted, appeals accepted.
Tribunal decision on penalty - variation of order as to compensation, order to pay costs. Compensation order varied in that the compensation payable must be paid to the respective payees (not via the Real Estate Agents Authority). Defendant ordered pursuant to s110A of the Real Estate Agents Act 2008 to pay $25,000 to the Authority, as a contribution towards the Committees costs.
Appeal under s 111 of the Real Estate Agents Act 2008 against a CAC decision to take no further action. Appeal dismissed.
Appeal under section 111 of the Real Estate Agents Act 2008 against a CAC decision to take no further action. Appeal dismissed
Application by second respondent to strike out appeals under s109A of the Real Estate Agents Act 2008. Application granted.
Application under s 110A of the Real Estate Agents Act 2008, for costs.Application granted, parties given dates to file required documentation.
Charges laid under section 91 of the Real Estate Agents Act 2008. Finding of misconduct under s73(c) of the Act on Charge 1. Defendant censured, licence cancelled from date of this decision and fine of $15,000 imposed.
Application by appellant to cross-examine witnesses and for further evidence to be admitted. Leave given to cross-examine one witness, all other applications including application to submit further evidence is declined.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed.
Charges laid under section 91 of the Real estate Agents Act 2008. Charges proved, under section 73(a) of the Act. Tribunal ordered payments to four entities and noted that licence would have been cancelled if it had not already been surrendered. Decision on costs reserved withsubmissions timetable set.
An appeal under section 111 of the Real Estate Agents Act 2008. Appeal allowed and licensee found guilty of unsatisfactory conduct. Submissions on penalty timetabled.
Application under section 112 of the Real Estate Agents Act 2008, for review of the Registrars decision. Application dismissed.