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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.
Appeal under s111 of the Real Estate Agents Act 2008, against a CAC decision not to take any further action. Appeal upheld, licencees found guilty of unsatisfactory conduct under s72 of the Act, submissions on penalty timetabled.
Charge of misconduct under s73(c)(iii) of the Real Estate Agents Act 2008. Charge proved, licencee censured & fined $2,000.
Application to Review under section 112 of the Real Estate Agents Act 2008. Application dismissed and Registrar's decision confirmed.
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.