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Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

115: Suspension of licence pending outcome of hearing

You could also call this:

"The Tribunal can temporarily stop a real estate agent's licence while waiting for a hearing."

Illustration for Real Estate Agents Act 2008

The Tribunal can stop a real estate agent's licence while they wait for a hearing. This can happen if the agent has been charged under section 91 and the Tribunal thinks it is necessary to protect the public. You will get written notice if the Tribunal wants to suspend your licence. The Tribunal must tell you why they want to suspend your licence and give you 10 working days to respond. They must also tell you how long the suspension might last. If you respond, the Tribunal will consider what you say before making a decision. If the Tribunal decides to suspend your licence, they will tell you and the Registrar in writing. They will include the reasons for the decision, when the suspension starts, and how long it will last. You have the right to appeal to the High Court under section 116 if you disagree with the Tribunal's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152101.

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Work and jobs > Job licensesMoney and consumer rights > Consumer protection
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"Making sure people follow the Tribunal's orders"

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115A: Practice notes, or

"Guides for the Real Estate Agents Disciplinary Tribunal"

Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

115Suspension of licence pending outcome of hearing

  1. The Tribunal may suspend the licence of a licensee where—

  2. a licensee has been charged under section 91; and
    1. the Tribunal considers that it is necessary or desirable to suspend the licence having regard to the interests of the public.

      1. The process for suspending a licence under this section is as follows:

      2. the Tribunal must give a licensee written notice of its intention to suspend the licence; and
        1. the notice must—
          1. contain the Tribunal’s reasons for the intended suspension; and
            1. state that the licensee has 10 working days within which to make written representations to the Tribunal as to why the licence should not be suspended; and
              1. state the proposed period, or otherwise describe the proposed duration, of the suspension; and
              2. if any written representations are made by the licensee within the period referred to in paragraph (b)(ii), the Tribunal must take those representations into account in deciding whether to suspend the licence and the period or duration of any suspension; and
                1. the Tribunal must then decide whether to suspend the licence, and notify the licensee accordingly, as soon as practicable.

                  1. If the Tribunal decides to suspend the licence, the Tribunal must give the licensee and the Registrar written notice of its decision and—

                  2. include in the notice the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and
                    1. specify in the notice the right of the licensee to appeal to the High Court under section 116.