Real Estate Agents Act 2008

Complaints and discipline - Complaints Assessment Committees

88: Evidence

You could also call this:

"What you can tell the Complaints Assessment Committee to help them make a decision"

Illustration for Real Estate Agents Act 2008

You can give a Complaints Assessment Committee any information that might help them make a decision. The Committee can choose what evidence to accept, even if it wouldn't be allowed in court. They can also ask you to swear an oath to tell the truth. You might be allowed to give evidence in writing, and then confirm it's true by oath. The Committee follows the Evidence Act 2006 when dealing with evidence. This means they have rules to follow when listening to what you have to say. The Committee's rules about evidence also depend on what is said in sections 84(1) and 87(4).

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Part 4Complaints and discipline
Complaints Assessment Committees

88Evidence

  1. A Committee may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the statement, document, information, or matter would be admissible in a court of law.

  2. The Committee may take evidence on oath, and for that purpose, any member or officer of the Committee may administer an oath.

  3. The Committee may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Committee thinks fit, verifying that statement by oath.

  4. The Evidence Act 2006 applies (subject to subsections (1) to (3)) to the Committee in the same manner as if it were a court within the meaning of that Act.

  5. This section is subject to sections 84(1) and 87(4).

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