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Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

108: Restrictions on publication

You could also call this:

"Rules About Keeping Some Information Secret in Real Estate Cases"

Illustration for Real Estate Agents Act 2008

You can be stopped from sharing information about a case in the Real Estate Agents Disciplinary Tribunal. The Tribunal can make an order to stop you publishing reports or accounts of the case. This can include stopping you from sharing books, papers, or documents from the hearing, or the name of the person involved. You must follow the order, or you might get a fine of up to $3,000. The order stays in place until the Tribunal says it can be lifted, or until the High Court changes it on appeal under section 116. The Tribunal can lift the order if someone asks them to. The Tribunal can still talk to the Authority about the case, even if there is an order in place. If you break the order, you can get in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152094.

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Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

108Restrictions on publication

  1. If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make 1 or more of the following orders:

  2. an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private:
    1. an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:
      1. an order prohibiting the publication of the name or any particulars of the affairs of the person charged or any other person.

        1. Unless it is reversed or modified in respect of its currency by the High Court on appeal under section 116, an order made under subsection (1) continues in force as specified in the order, or, if no time is specified, until the Disciplinary Tribunal, in its discretion, revokes it on the application of any party to the proceedings in which the order was made or of any other person.

        2. Subsection (1)(c) does not apply to any communications between the Disciplinary Tribunal and the Authority.

        3. A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.

        Compare
        Notes
        • Section 108(4): inserted, on , by section 240 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).