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Real Estate Agents Act 2008

Complaints and discipline - Complaints Assessment Committees

93: Power of Committee to make orders

You could also call this:

"The Committee's Power to Make Decisions and Orders"

Illustration for Real Estate Agents Act 2008

If you are on a Complaints Assessment Committee, you can make orders when you make a determination under section 89(2)(b). You can do one or more things like tell the licensee off, make them say sorry, or make them pay a fine. You can also order the licensee to fix a mistake, reduce or cancel fees, or pay the complainant costs. You can make an order for the licensee to make their business available for inspection or to take advice on management from certain people.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152078.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 4Complaints and discipline
Complaints Assessment Committees

93Power of Committee to make orders

  1. If a Committee makes a determination under section 89(2)(b), the Committee may do 1 or more of the following:

  2. make an order censuring or reprimanding the licensee:
    1. order that all or some of the terms of an agreed settlement between the licensee and the complainant are to have effect, by consent, as all or part of a final determination of the complaint:
      1. order that the licensee apologise to the complainant:
        1. order that the licensee undergo training or education:
          1. order the licensee to reduce, cancel, or refund fees charged for work where that work is the subject of the complaint:
            1. order the licensee—
              1. to rectify, at his or her or its own expense, any error or omission; or
                1. where it is not practicable to rectify the error or omission, to take steps to provide, at his or her or its own expense, relief, in whole or in part, from the consequences of the error or omission:
                2. order the licensee to pay to the Authority a fine not exceeding $10,000 in the case of an individual or $20,000 in the case of a company:
                  1. order the licensee, or the agent for whom the person complained about works, to make his or her or its business (including any records, accounts, and assets) available for inspection or take advice in relation to management from persons specified in the order:
                    1. if the Committee is satisfied that the unsatisfactory conduct involves more than a minor or technical breach of this Act or of any regulations or rules made under this Act, make an order referring the matter to the Disciplinary Tribunal for the Tribunal to consider whether to make a compensation order under section 110(5):
                      1. order the licensee to pay the complainant any costs or expenses incurred in respect of the inquiry, investigation, or hearing by the Committee.

                        1. An order under this section may be made on and subject to any terms and conditions that the Committee thinks fit.

                        Compare
                        Notes
                        • Section 93(1)(h): amended, on , by section 119 of the Statutes Amendment Act 2019 (2019 No 56).
                        • Section 93(1)(h): amended, on , by section 233(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 93(1)(ha): inserted, on , by section 233(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).