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Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

111: Appeal to Tribunal against determination by Committee

You could also call this:

"Appealing a Committee Decision to the Tribunal"

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You can appeal to the Disciplinary Tribunal if you are affected by a decision made by a Committee. You have 20 working days to appeal after you receive notice of the decision under section 81 or 94. The Tribunal may accept a late appeal if exceptional circumstances stopped you from appealing on time. You appeal by sending a written notice to the Tribunal saying you want to appeal. You must include a copy of the notice you received under section 81 or 94, the prescribed fee if there is one, and any other information you want the Tribunal to consider. The Tribunal will rehear your case and may confirm, reverse, or modify the Committee's decision. If the Tribunal reverses or modifies the decision, it can exercise any powers the Committee could have used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152097.

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Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

111Appeal to Tribunal against determination by Committee

  1. A person affected by a determination of a Committee may appeal to the Disciplinary Tribunal against the determination within 20 working days after the day on which notice of the relevant decision was given under section 81 or 94, except that no appeal may be made against a determination under section 89(2)(a) that a complaint or an allegation be considered by the Disciplinary Tribunal.

  2. The Disciplinary Tribunal may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if it is satisfied that exceptional circumstances prevented the appeal from being made in time.

  3. The appeal is by way of written notice to the Tribunal of the appellant's intention to appeal, accompanied by—

  4. a copy of the notice given to the person under section 81 or 94; and
    1. the prescribed fee, if any; and
      1. any other information that the appellant wishes the Tribunal to consider in relation to the appeal.

        1. The appeal is by way of rehearing.

        2. After considering the appeal, the Tribunal may confirm, reverse, or modify the determination of the Committee.

        3. If the Tribunal reverses or modifies a determination of the Committee, it may exercise any of the powers that the Committee could have exercised.

        Notes
        • Section 111(1): replaced, on , by section 245(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 111(1A): inserted, on , by section 245(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 111(2)(ab): inserted, on , by section 245(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).