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Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

109: Evidence

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"What evidence can be used to help make a decision at a Tribunal hearing?"

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When you are at a hearing with the Real Estate Agents Disciplinary Tribunal, they can use any information that helps them make a decision. They can use statements, documents, or other things, even if they would not be allowed in a court of law. The Tribunal can also ask people to swear an oath to tell the truth. The Tribunal can let people give evidence in writing and then ask them to confirm it is true by oath. The Tribunal follows the rules in the Evidence Act 2006 when it comes to evidence. A hearing with the Tribunal is like a court case, so the rules about telling the truth apply. If you give false evidence, it is like lying in court, and you can get in trouble for it, as it is a judicial proceeding under section 108 of the Crimes Act 1961. The Tribunal wants to make sure they have all the facts to make a fair decision. They can use many types of evidence to help them decide what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152095.

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Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

109Evidence

  1. Subject to section 105, the Disciplinary Tribunal may receive as evidence any statement, document, information, or thing that may, in its opinion, assist it to deal effectively with the matters before it, whether or not that statement, document, information, or thing would be admissible in a court of law.

  2. The Disciplinary Tribunal may take evidence on oath and, for that purpose, any member of the Disciplinary Tribunal may administer an oath.

  3. The Disciplinary Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath.

  4. Subject to subsections (1) to (3), the Evidence Act 2006 applies to the Disciplinary Tribunal in the same manner as if the Disciplinary Tribunal were a court within the meaning of that Act.

  5. A hearing before the Disciplinary Tribunal is a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

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Notes
  • Section 109(1): amended, on , by section 241 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).