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1. [2020] NZREADT 42 - Stone v The Real Estate Agents Authority (14 September 2020) [PDF, 356 KB]

   An appeal under section 11 of the Real Estate Agents Act 2008. Appeal allowed. Order for the Committee to consider the matter afresh. Held that the Committee erred in its decision. It wrongly exercised its discretion both in the areas of deciding whether there was a prima facie case and on the question of whether it would be in the public interest to prosecute.

2. [2020] NZREADT 41 - Bellis v Real Estate Agents Authority (9 September 2020) [PDF, 274 KB]

   An appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed.

3. [2020] NZREADT 40 - Rozana Cachay Limited v Real Estate Agents Authority (7 September 2020) [PDF, 162 KB]

   An appeal under section 111 of the Real Estate Agents Act 2008. Committee did not err in imposing a fine of $5,000. However, the information now before the Tribunal is that the Agency has no ability to pay a fine, as it has no assets. The order that the Agency must pay a fine of $5,000 is quashed. In place of that order, we order that the Agency is censured.

4. [2020] NZREADT 39 - Silcock v Real Estate Agents Authority (2 September 2020) [PDF, 222 KB]

   An appeal under s 111 of the Real Estate Agents Act 2008. Leave given.

5. [2020] NZREADT 38 - Barfoot v Real Estate Agents Authority (26 August 2020) [PDF, 285 KB]

   Appeal against Committee's decision, under section 111 of the Real Estates Agents Act 2008. Appeal against finding of unsatisfactory conduct by salespeople. Appeal dismissed.

6. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [PDF, 335 KB]

   An appeal under section 111 of the Real Estate Agents Act 2008 against a decision of Complaints Assessment Committee 1903. Appeal dismissed - Committee was not wrong to decide to take no further no further action on the appellants' complaint.

7. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [PDF, 217 KB]

   Charges under s 91 of the Real Estate Agents Act 2008. Charged with misconduct under s 73(a) of the Real Estate Agents Act 2008, with an alternative charge of misconduct under s 73(c)(iii) of the Act (for a wilful or reckless contravention of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. Tribunal will not direct that Mr Bright is not permitted to cross-examine the complainant.

8. [2020] NZREADT 35 - SureCapital (13 August 2020) [PDF, 246 KB]

   A charge laid under s 91 of the Real Estate Agents Act 2008. Defendant censured and ordered to pay a fine of $5,500. The fine is to be paid to the Authority within 20 working days of the date of this decision.

9. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [PDF, 386 KB]

   An appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed.

10. [2020] NZREADT 33 - Wheeler v Real Estate Agents Authority (10 August 2020) [PDF, 306 KB]

    An appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed.

11. [2020] NZREADT 31 – Turoa v Real Estate Agents Authority (30 July 2020) [PDF, 289 KB]

    Appeals against Committee’s decision, under s 111 of the Real Estate Agents Act 2008. Appeal against finding of unsatisfactory conduct by agent. Appeal against finding agency did not properly supervise and manage conduct of agent. Appeal against conduct dismissed. Appeal against supervision finding allowed.

12. [2020] NZREADT 30 Cavanagh (23 July 2020) [PDF, 545 KB]

    An application for review of the Registrar’s decision, under Section 112 of the Real Estate Agents Act 2008. Application granted.

13. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [PDF, 208 KB]

    Appeal against Committee’s decision, under s 111 of the Real Estate Agents Act 2008. Appeal against finding of unsatisfactory conduct. Appeal allowed.

14. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [PDF, 226 KB]

    Appeal against Committee’s decision, under s 111 of the Real Estate Agents Act 2008. Appeal against finding of unsatisfactory conduct. Appeal allowed.

15. [2020] NZREADT 27 – Deng v Real Estate Agents Authority (25 June 2020) [PDF, 214 KB]

    Appeal against Committee’s decision, under s 111 of the Real Estate Agents Act 2008. Appeal against finding of unsatisfactory conduct. Appeal against penalty. Substantive appeal dismissed. Appeal against penalty allowed.

16. [2020] NZREADT 25 - Hilliam - Ruling (16 June 2020) [PDF, 121 KB]

    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. 

17. [2020] NZREADT 24 - Schroder (16 June 2020) [PDF, 163 KB]

    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.  

18. [2020] NZREADT 18 - Hilliam [PDF, 177 KB]

    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. 

19. [2020] NZREADT 23 - SureCapital Real Estate Limited (12 June 2020) [PDF, 179 KB]

    Charge laid under section 91 of the Act. Defendant breached r 8.3 of the Rules and s 50 of the Act.

20. [2020] NZREADT 06 - Wheeler - Ruling (4 May 2020) [PDF, 313 KB]

    Application to submit further evidence on appeal. Application dismissed.

21. [2020] NZREADT 22 - Catley & Boyle - Ruling (4) (26 May 2020) [PDF, 145 KB]

    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.

22. [2020] NZREADT 21 - Hanford (12 May 2020) [PDF, 181 KB]

    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.  

23. [2020] NZREADT 15 - Motupally - Interim Decision (12 May 2020) [PDF, 259 KB]

    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. 

24. [2020] NZREADT 12 - Feschiev (4 May 2020) [PDF, 241 KB]

    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.

25. [2020] NZREADT 20 - AJS Rental Ltd - penalty (1 May 2020) [PDF, 165 KB]

    Decision on penalty following Tribunal decision [2020] NZREADT 03. Defendant censured and ordered to pay a fine of $14,000.