Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

109A: Disciplinary Tribunal may strike out, determine, or adjourn proceeding

You could also call this:

"The Disciplinary Tribunal can stop or delay a case if it's not serious or if someone doesn't show up."

Illustration for Real Estate Agents Act 2008

The Disciplinary Tribunal can stop a proceeding if it thinks there is no good reason for it. You might see this happen if the proceeding is likely to cause problems or delays. The Tribunal can also stop a proceeding if it is frivolous or vexatious, which means it is not a serious or genuine complaint. If you are involved in a proceeding and you do not show up to the hearing, the Disciplinary Tribunal can make a decision without you. The Tribunal can also choose to stop the proceeding or delay the hearing. This can happen if you are required to be at the hearing but you are not there. The Disciplinary Tribunal has the power to make these decisions under the Real Estate Agents Act 2008, which was amended by the Tribunals Powers and Procedures Legislation Act 2018. The Tribunal's role is to deal with disciplinary matters related to real estate agents. You can find more information about the Tribunal's powers and procedures in the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138362.


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Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

109ADisciplinary Tribunal may strike out, determine, or adjourn proceeding

  1. The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.
          1. If a party is neither present nor represented at the hearing of a proceeding, the Disciplinary Tribunal may,—

          2. if the party is required to be present, strike out the proceeding; or
            1. determine the proceeding in the absence of the party; or
              1. adjourn the hearing.
                Notes
                • Section 109A: inserted, on , by section 242 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).