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Appeal under section 111 of the Real Estate Agents Act 2008 against CAC decision finding of unsatisfactory conduct in contravention of s 72 of the Act. Three of the four particulars of unsatisfactory conduct alleged dismissed, one charge upheld. Penalty amended to reflect the change in findings.
Ruling on whether the appeals were filed outside of the time prescribed in s 111(1) of the Real Estate Agents Act (2008). Tribunal ruled that the appeal period runs from the date notice is given of the "relevant decision", accordingly the appeals are out of time.
The Tribunal was required to make rulings on the following points, a) whether the appellant is out of time to appeal against the CAC decision against the agency, b) whether the licencee should be given leave to file a late appeal, c) whether the licencee should be directed to provide further evidence in support of her application for leave to file a late appeal; and d) whether the appellant can adduce new evidence to the Tribunal. All applications declined.
As per Tribunal decision [2019] NZREADT 13, dated 10 May 2019, charges bought by CAC414 & CAC416 were proved. Licencee is censured and fined $6,500. 90 day suspension also imposed.
Charge laid under section 91 of the Real Estate Agents Act 2008. Finding of serious misconduct under section 73(a) of the Act. Licensee censured, licence suspended for 90 days and fined $2,500.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed
Appeal under section 111 of the Real Estate Agents Act 2008, appeal upheld and matter referred back to the CAC for fresh consideration.
Application for leave to amend charge, laid under section 91 of the Real Estate Agents Act 2008, granted
Penalty decision following Tribunal decision number [2019] NZREADT 19 finding unsatisfactory conduct. Licencee censured, fined $3,500, and ordered to make written apology to complainants.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal outcome was CAC finding of unsatisifactory conduct against licensees set aside.
Appeal under section 111 of the Real Estate Agents Disciplinary Tribunal. Appeal allowed and Committee's finding of unsatisfactory conduct and penalty quashed.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal upheld by consent. CAC finding of breaches of r 9.6 quashed and remitted back to the CAC for fresh consideration. CAC penalty orders also quashed.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal dismissed
Penalty decision following a finding of misconduct under section 73(a) of the Real Estate Agents Act 2008. Licence cancelled.
Application to Review under section 112 of the Real Estate Agents Act 2008. Application to Review upheld, Registrars decision quashed and sent back to Registrar to review afresh.
Appeal under section 111 of the Real Estate Agents Act 2008. Committee findings of unsatisfactory conduct maintained. Penalty orders reduced.
Appeal under section 111 of the Real Estate Agents Act 2008. Committee finding of unsatisfactory conduct upheld, penalty order amended so that fine quashed but censure and training orders upheld.
Charges laid under section 91 of the Real Estate Agents Act 2008. Unsatisfactory conduct proved under s 72(b). Licencee fined $7,500.
Charges laid under section 91 of the Real Estate Agents Act 2008. Unsatisfactory conduct proved under section 72 of the Act. Licencee censured and fined $3,500.
Appeal under section 111 of the Real Estate Agents Act 2008. Appeal upheld, order pursuant to s1114 of the Act, reversing the CAC decision and determining pursuant to s89 for the complaint to be considered by the Tribunal.
Appeal under s111 of the REl Estate Agents Act 2008. Appeal upheld, licencee guilty of unsatisfactory conduct under s72 of the Act.
Charges laid under s91 of the Real Estate Agents Act 2008.Licencee guilty of misconduct under s73a and s74ciii of the Act and guilty of unsatisfactory conduct under s72 of the Act
Appeal under section 111 of the Real Estate Agents Act 2008. CAC decision to take no further action under section 89(2)(c) of the Act. CAC decision quashed. Tribunal determined that no further action should be taken.
Penalty decision - Orders of censure, suspension and training. Charges laid under a 91 of the Act, charges under s 73(b) and 73(a) upheld. Refer to [2019] NZREADT 1 for full findings.
An appeal under section 111 of the Real Estate Agents Act 2008. Application for suppression order under section 108 of the Act. Application granted.