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946 items matching your search terms

  1. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [PDF, 236 KB]

    Application for leave to adduce new evidence / Real Estate Agents Act 2008, s105, s111 / appellant sought to produce affirmation and supplementary affidavit / HELD / affirmation supporting appellant’s contention about his knowledge of other auction bidders is admissible / shows Committee may have made wrong inference / while arguable it may have been provided earlier with reasonable diligence, admissible as in the interests of justice / other matters addressed in affidavits not admissible as not new, cogent, or could have been provided with reasonable diligence / balance of application to produce new evidence dismissed / application partially successful
  2. [2024] NZREADT 17 - YM v REAA (11 June 2024) [PDF, 116 KB]

    Applications to review Registrar’s determination and for leave to adduce new evidence / Registrar determined not to pursue complaint as it only disclosed inconsequential matter / Real Estate Agents Act 2008, s743a, s112, s137 / Professional Rules 2012, r10.3 / Kacem v Bashir [2010] NZSC 112 / Wilson v Registrar of the Real Estate Agents Authority [2023] NZREADT 2 / HELD / fresh, credible and cogent test for new evidence appropriate for s 112 reviews, but should only be applied in context of limited grounds of review in Kacem / applicant adduced no further evidence that was not already before Registrar / no evidence to support allegation that licensee’s advertising was misleading, that licensee was overcharged for advertising services, or that licensee’s manager failed to supervise and manage the licensee adequately / no error of fact or law / applications dismissed / Registrar’s decision confirmed
  3. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [PDF, 243 KB]

    Appeal / real estate agency advertised motel with drone photographs including appellant’s neighbouring property / appellant complained of privacy invasion, unsatisfied with principal agent’s response / Committee took no further action / Real Estates Agents Act 2008, s3, s4 s111 / Professional Rules 2012, r5.1, r5.2 / HELD / no evidence of privacy breach, listing photographs considered innocuous / concerns addressed by removing and blacking out photographs / photographs removed when motel sold / alleged false and misleading information in principal agent’s response to complaint was careless language rather than deliberate misstatement / email inferred necessary consents were obtained, but no consents needed / marketing and photography are real estate agency work / no breach of professional rules or unsatisfactory conduct / appeal dismissed / Committee’s decision confirmed
  5. [2024] NZREADT 14 - EH & E Ltd v CAC 2204 & C Ltd (6 May 2024) [PDF, 225 KB]

    Appeal / agency released deposits before condition in sale and purchase agreement was satisfied and without express consent of purchaser’s solicitor / Committee took no further action / Real Estate Agents Act 2008, s111 / HELD / agency entitled to release deposits if every condition was fulfilled or waived / two conditions in agreement not satisfied before deposit released / non-fulfilment of conditions waived by purchaser’s solicitor signing forms confirming satisfaction or waiver of conditions / waivers permitted agency to release deposits / purchaser’s solicitor did not give express consent to release deposits, but no evidence he expressly declined consent or told agency not to release them / agency entitled to view signed forms and silence on deposits as authority to release them / appeal dismissed / Committee’s decision confirmed
  6. [2024] NZREADT 13 - BU v REAA & HI (02 May 2024) [PDF, 123 KB]

    Appeal / licensee allegedly made false statement to purchaser there were problems with body corporate resulting in loss of conditional offer / did not promptly remove web advertisements after sale of two properties went unconditional / Committee took no further action / Real Estate Agents Act 2008, s111 / HELD / alleged conversation not proven on balance of probabilities given purchaser and licensee denied it took place / any such conversation did not constitute real estate agency work / licensee was not engaged in the vendor’s transaction or in any other transaction / was not doing work on behalf of another person or for the purpose of any transaction involving licensee or buyer / no evidence statement was false / conversation could not amount to unsatisfactory conduct or misconduct / discussion with vendor also not real estate agency work / extended web advertisement did not affect vendor / was promptly removed / appeal dismissed / Committee’s decision confirmed
  7. [2024] NZREADT 12 – CAC 2106 v City Realty (24 April 2024) [PDF, 125 KB]

    Liability and penalty / misconduct / agency charged under s73b for errors in trust account transactions, non-compliance with audit regulations and failing to provide timely reconciliations over three financial years / Real Estate Agents Act 2008, s3, s73b, s110, s122 / Audit Regulations 2009, reg7, reg14, reg15, reg16, reg17 / Complaints Assessment Committee 520 v AJS Rental Realty Ltd [2020] NZREADT 20 / HELD / agency admitted charge / compliance with audit regulations is mandatory and breaches are taken seriously / length, extent and seriousness of agency’s non-compliance puts conduct at higher end of misconduct under s73b / period of time over which agency’s offending took place was concerning, particularly given compliance advice received by the Authority in late 2020 / credit given for admitting liability, cooperation with Authority and difficulties arising from COVID-19 pandemic / agency censured / ordered to pay $15,000 financial penalty
  8. [2024] NZREADT 10 - IH v REAA (12 April 2024) [PDF, 215 KB]

    Appeal / licensee failed to inform purchaser that property’s spa pool was not compliant and of risk of asbestos in ceiling / Committee found unsatisfactory conduct in relation to spa pool / took no further action in relation to asbestos issue / purchaser appealed against decision to not refer compensation and take no further action / Real Estate Agents Act 2009, s931f, s931ha, s111 / Professional Rules 2012, r5.1, r6.2, r6.4, r10.7 / HELD / conduct in relation to spa pool not minor or technical / Committee should have referred compensation, but Tribunal would not have awarded it as failure to pass on council’s information not the operative or real cause of purchaser’s loss / licensee gave written warning spa area was unconsented / purchaser should have asked what warning meant / presence of asbestos in textured ceiling only a possibility and not likely or significant potential risk / no defect requiring disclosure / no breach of Rules / appeal dismissed / Committee’s decision confirmed
  9. [2024] NZREADT 09 – WQ v REAA & NN (2 April 2024) [PDF, 152 KB]

    Appeal / licensee failed to inform purchasers that property’s cladding had risk of weathertightness issues and obtaining finance would be difficult / whether licensee ought to have put clause in purchase agreement as to how cladding could affect finance / Committee took no further action / Real Estate Agents Act 2008, s111 / Professional Rules 2012, r6.4, r10.7 / HELD / licensee not required to give financing advice / licensee only obliged to refrain from withholding information that in fairness should be provided and to disclose known defects / licensee verbally informed co-purchaser at a viewing of the cladding and advised him to obtain building report / purchaser initialled acknowledgement in disclosure form prior to auction that property had cladding which risked weathertightness issues and expert advice should be obtained / purchaser incorrectly assumed acknowledgement was irrelevant / purchasers failed to undertake due diligence / appeal dismissed / Committee’s decision confirmed
  10. [2024] NZREADT 07 - NF v REAA and Cho (21 March 2024) [PDF, 143 KB]

    Appeal / ruling on whether Committee correct not to refer compensation / Committee found licensee guilty of unsatisfactory conduct for completing GST schedules in sale and purchase agreement without complainant’s knowledge / Real Estate Agents Act 2008, s931f, s931ha, s1106 / HELD / Committee made error of law in describing threshold for referral as “more than mid-level” and approaching high level conduct / statutory threshold is “more than minor or technical breach” / Committee found mid-level unsatisfactory conduct, so threshold was met / Committee has no power to assess merits of compensation / complainant not required to establish case for compensation before Committee / “any substantive matter” in s1106b refers to Committee’s findings in determining unsatisfactory conduct that is more than minor or technical / findings on evidence and causation in relation to compensation not binding on Tribunal as they were outside Committee’s jurisdiction / appellant to file compensation claim
  11. [2024] NZREADT 06 - HI v REAA (19 March 2024) [PDF, 114 KB]

    Application to review Registrar’s determination / Registrar determined not to pursue complaint as it only disclosed inconsequential matter / parties filed joint memorandum noting complainant intended to file fresh complaint addressing additional issues and inviting Tribunal to reverse Registrar’s decision by consent, so Registrar may refer matter to Committee / Real Estate Agents Act 2008, s743a / HELD / application granted, Registrar’s decision reversed
  13. [2024] NZREADT 05 CAC v Pang (6 March 2024) [PDF, 227 KB]

    Penalty / misconduct / licensee found guilty under s73ciii (wilful breach of Rules) for acting in transaction without direct contact with client, and personally inserting client’s signature and initial on documents without authorisation / Real Estate Agents Act 2008, s3, s73, s110, s110A / Professional Rules 2012, r5.1, r6.3, r9.6, r9.7, r12.2, r12.3 / HELD / licensee sought to cover up wrongdoing when confronted by employer / did not engage with Tribunal until after liability decision issued / explanations not accepted / offending a serious example of misconduct / obligation to deal directly with client or someone with power of attorney is fundamental / conduct wilful and spanned entire transaction / no confidence licensee learned from wrongdoing or can be rehabilitated / credited for clean record, late apology, admitting facts at early stage and no party suffering financial loss / financial hardship not established / censured / licence cancelled / 50 per cent costs ($8,520)
  14. [2024] NZREADT 03 - KN v REAA (21 February 2024) [PDF, 163 KB]

    Applications to review Registrar’s determination and for leave to adduce new evidence / Registrar determined not to pursue complaint as it only disclosed inconsequential matter / Real Estate Agents Act 2008, s743a, s112, s136 / Professional Rules 2012, r6.4, r10.7 / Kacem v Bashir [2010] NZSC 112 / Wilson v Registrar of the Real Estate Agents Authority [2023] NZREADT 2 / HELD / fresh, credible and cogent test for new evidence appropriate for s112 reviews, but should only be applied in context of limited grounds of review in Kacem / applicant had plenty of opportunity to provide evidence to Registrar / evidence credible but not sufficiently cogent to prove Registrar’s decision was wrong / Registrar has discretion to decide if complaint has sufficient evidence or would justify disciplinary response / Registrar not required to conduct investigation / has considered all the evidence provided by parties / no error of fact or law / applications dismissed, Registrar’s decision confirmed
  15. [2024] NZREADT 01 - CAC 2106 v Pang (8 January 2024) [PDF, 154 KB]

    Liability / misconduct / licensee charged under s73ciii for acting in transaction without having any direct contact with client, and inserting client’s signature and initials on contractual documents without authority / Real Estate Agents Act 2008, s73, s126 / Professional Rules 2012, r5.1, r6.3, r9.6, r9.7, r12.2, r 12.3 / HELD / licensee did not attend hearing & admissions made prove charges / instructions were given by vendor’s daughter or assistant without proper authority from owner / breach of r9.6 as agency agreement invalid / breach of r9.7, r12.2 & r12.3 / licensee inserted signatures and had no contact with client / breach of r5.1 / obligation to communicate directly with client is fundamental to real estate work / breach of r6.3 / licensee’s conduct was wilful / attempted to conceal wrongdoing and lied to supervisor / charge upheld / penalty decision to follow
  16. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [PDF, 226 KB]

    Application to lift non-publication orders and for permission to publish submissions and evidence / cross application for extension of non-publication orders / Tribunal made non-publication order prohibiting publication of purchaser, auctioneer and any third party’s name / appellant subsequently requested a revocation of that order / appellant also requested permission to publish submissions, evidence, witness statements, transcripts, recordings and correspondence / respondent cross-applied to extend non-publication order to cover all evidence and submissions / Real Estate Agents Act 2008, s108 / HELD / Tribunal expressly empowered to revoke existing non-publication order but not to modify it / once decision is published, request for further orders would involve recall of earlier decisions / no miscarriage of justice or other exceptional circumstance established / Tribunal functus officio in relation to publication / appellant and respondent’s requests declined
  17. [2023] NZREADT 34 - IX v REAA (CAC2102) (8 December 2023) [PDF, 98 KB]

    Appeal / licensee advertised property as legal home and income when minor dwelling was not legally consented as dwelling / Committee found unsatisfactory conduct / licensee appealed against publication order / sought to admit fresh evidence / Real Estate Agents Act 2008, s64aiv, s661fv, s84, s108, s111 / HELD / admitting fresh evidence concerning licensee’s health is in interests of justice / starting point on publication is open justice / gravity of wrongdoing is relevant / licensee was found guilty of unsatisfactory conduct, which is less serious than misconduct, and did not involve dishonesty / public does not need protecting from licensee / publication would likely seriously jeopardise her wellbeing / privacy of licensee trumps public interest in knowing wrongdoing of licensees / licensee and agency granted name suppression / appeal allowed
  18. [2023] NZREADT 33 - CAC 2102 v LL (4 December 2023) [PDF, 240 KB]

    Liability and penalty / misconduct / licensee charged under s73a for kissing client without consent / Real Estate Agents Act 2008, s3, s73a, s108, s110, s110A / HELD / licensee pled guilty / first appearance before Tribunal / conduct was at high level of misconduct / fell squarely within the concept of disgraceful conduct / conduct was non-consensual and invasive of client’s personal autonomy / went significantly beyond that in Complaints Assessment Committee 1904 v Bright [2022] NZREADT 23 / caused significant impact on client / licensee wrote apology letters to client and Tribunal / acted dishonestly during Committee investigation by advancing false alibi, but subsequently accepted full responsibility / costs reduced due to financial position / permanent name suppression appropriate given clean record, importance of rehabilitation and potential significant impact of publication on licensee’s health / censured / ordered to pay $7,500 financial penalty / 20 per cent costs ($4,422.40)
  19. [2023] NZREADT 32 UM v REAA (3 November 2023) [PDF, 298 KB]

    Penalty / unsatisfactory conduct / licensee found guilty under s72a (conduct falling short of expected standard) and s72b (conduct contravening Act or Rules) for misrepresenting to purchaser commercial property’s rental income / Real Estate Agents Act 2008, s931ha, s1102g, s1104, 110A / Professional Rules 2012, r5.1, r6.4 / HELD / first appearance before Tribunal / misrepresentation innocent but had no strong foundation / conduct low-medium in seriousness / not minor or technical breach as it concerned important matter for purchaser / licensee cooperated but no apology / Committee should have referred compensation / Tribunal can self-refer compensation if unsatisfactory conduct found on appeal / is consistent with consumer protection focus of Act / no compensation or relief awarded as no causal connection between purchaser’s expenses and losses and licensee’s misrepresentation / self-represented purchaser not entitled to costs / censured / ordered to pay $1,500 financial penalty
  20. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [PDF, 223 KB]

    Penalty / misconduct / licensee found guilty under s73a (disgraceful conduct) for producing false valuation report four times in respect of property he was seeking to acquire an interest in / Real Estate Agents Act 2008, s3, s73, s110, s110A / HELD / licensee forged report for own benefit to proceed with purchase, but no financial benefit gained / dishonesty at higher end of misconduct / honesty essential to achieving purpose of Act / clean record given little weight due to licensee’s short career / expressed remorse in email to Authority, but false reasons given for wrongdoing and lack of engagement with Tribunal show expression is not sincere / no apology or explanation / no confidence licensee learned from complaint / s1102e order necessary to protect public / five year prohibition period appropriate given the conduct was an isolated incident and there was no financial benefit / censured / prohibited from engagement for five years / 50 per cent costs ($14,496.44)
  21. [2023] NZREADT 30 - Turner v Real Estate Agents Authority (12 October 2023) [PDF, 171 KB]

    Application to review Registrar’s determination / Registrar cancelled licence as licensee failed to pay annual fee for keeping licence suspended / Real Estate Agents Act 2008, s54h, s55, s112 / HELD / licensee did not file submissions / not disputed that licensee was required to pay suspension fee by certain date, received required communications from Registrar, and did not make payment by deadline / Registrar correctly followed statutory process / Registrar must cancel licence as required by s54h / no error of fact or law / application dismissed, Registrar’s decision confirmed
  22. [2023] NZREADT 29 CAC 1901 v KC (11 October 2023) [PDF, 202 KB]

    Costs application by licensee / Committee unsuccessful in pursuing misconduct charges / Real Estate Agents Act 2008, s110A / Complaints Assessment Committee 2106 v Mather [2021] NZREADT 54 / HELD / statutory factors justifying costs award not present / no rule that costs follow the event / requires something more than mere failure of prosecution or successful defence / prosecution’s evidence not inherently unreliable or so lacking in credibility that there was insufficient basis to proceed with charges / Committee pursued charges in response to Tribunal’s direction to consider doing so / no fault in Committee giving weight to Tribunal’s view / costs may have been awarded to Committee if successful, but no principle of reciprocity for costs / factor favouring costs for successful prosecution is performance of public regulatory duty, which does not favour successful licensees / long history of proceedings does not justify costs in licensee’s favour / application dismissed
  23. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [PDF, 232 KB]

    Appeal / agency contract showed commission estimate included GST / agency charged additional GST on commission in invoice / Committee found unsatisfactory conduct in relation to agency and took no further action in relation to two licensees / Real Estate Agents Act 2008, s111, s126 / Professional Rules 2012, r5.1 / HELD / Committee correct to inquire into agency’s conduct / handwritten note on agency contract saying commission “Inc of GST” made by licensees / licensees knew and intended commission to be GST inclusive / Committee did not treat agency and licensees contradictorily / basis for agency’s unsatisfactory conduct was that the agency itself invoiced the GST to the vendors / agency lacked skill and care in issuing invoice when it knew licensees told vendors GST was already included / Committee’s order to refund GST not inequitable / contractual position between vendors and agency irrelevant in this case / appeal dismissed / Committee’s decision confirmed
  24. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [PDF, 122 KB]

    Appeal / licensee failed to disclose prior burglaries and ownership of property in writing / Committee found unsatisfactory conduct / purchasers claim compensation for expenses incurred in securing property / licensee challenges costs award / Real Estate Agents Act 2008, s931f, s111, s136 / Professional Rules 2012, r6.4 / HELD / new compensation provisions of Act do not apply as conduct occurred prior to new provisions taking effect / Committee cannot award broad compensation under guise of relief from rectification / tortious measure of damages applicable, rather than expectation damages / purchasers’ claim for compensation failed due to lack of valuation evidence and as expense of securing property not causally connected to licensee’s conduct / costs challenge failed as licensee withdrew appeal against penalty, purchasers’ appeals of Committee’s liability and penalty decisions not hopeless, and no legal basis to stay costs award / appeal dismissed, Committee’s decision confirmed
  25. [2023] NZREADT 25 CAC 2102 v Hoogwerf (25 September 2023) [PDF, 238 KB]

    Liability / misconduct / licensee charged under s73a with misconduct for producing false valuation report four times in respect of property he was seeking to acquire an interest in / licensee did not attend hearing / Real Estate Agents Act 2008, s73, s109A, s110 / HELD / licensee sought to pass off valuation report as legitimate and from reputable valuation company / licensee admitted facts underlying charge / Tribunal rejected explanation that it was impossible for valuations to occur during COVID-19 restrictions / forgery of valuation report is dishonest even though licensee would receive no financial benefit and vendors would suffer no loss had he been successful / honesty essential to achieving purpose of Act and maintaining public confidence in profession / conduct a marked and serious departure from required standard of conduct / conduct would be regarded by agents of good standing and reasonable members of the public as disgraceful / charges upheld / penalty decision to follow