If the Complaints Assessment Committee believes misconduct may have occurred it can lay misconduct charges against you with the Real Estate Agents Tribunal.
Misconduct occurs when a licensee’s behaviour:
- Constitutes seriously incompetent or seriously negligent real estate agency work
- Would reasonably be regarded as disgraceful by agents of good standing or reasonable members of the public
- Has resulted in a conviction that reflects adversely on their fitness to be a licensee
- Wilfully or recklessly contravenes the Real Estate Agents Act 2008 or other legislation that applies to the conduct of licensees
The Tribunal is appointed by the Ministry of Justice
And is separate and independent from us.
If charges are laid against you with the Tribunal
You will be notified in writing and will have the right to legal representation and to appear before the tribunal and be heard. Hearings are generally open to the public.
Powers of the Tribunal
The Tribunal can make any of the orders a Complaints Assessment Committee can and find that either unsatisfactory conduct or misconduct has taken place. It can also decide to take no further action on a charge.
The Tribunal can also impose more serious penalties
- Ordering that a person’s licence be cancelled or suspended
- Ordering that their employment be terminated and that no agent employ or engage them in real estate agency work
- Imposing a fine of up to $15,000 for an individual or up to $30,000 for a company
- Ordering the licensee to pay compensation for actual loss of up to $100,000 to the complainant.
A licensee can appeal a decision of the Tribunal to the High Court and can also make a further appeal to the Court of Appeal. Appeals to the Court of Appeal can only be on questions of law.
For more information
For more information or to view decisions made by the Tribunal, visit the Tribunal website