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Real Estate Agents Act 2008

Complaints and discipline - Real Estate Agents Disciplinary Tribunal

110A: Costs

You could also call this:

"Who pays costs when there's a problem with a real estate agent?"

Illustration for Real Estate Agents Act 2008

You can go to the Real Estate Agents Disciplinary Tribunal to sort out problems. The Tribunal can decide who pays costs, even if they do not make any other decisions. They think about what is fair when making this decision. You might wonder what the Tribunal considers when deciding about costs. They look at whether you acted in good faith and helped or hindered their information gathering. They also consider whether you helped resolve the issues. If you do not show up to a hearing or cancel without notice, you might have to pay costs to the Crown. The Tribunal decides if this is fair and how much you should pay. If you are awarded costs but have not been paid, you can take the order to the District Court. They can enforce the order like a judgment, so you get the money you are owed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138394.

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Part 4Complaints and discipline
Real Estate Agents Disciplinary Tribunal

110ACosts

  1. In any proceedings under this Act, the Disciplinary Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.

  2. Without limiting the matters that the Disciplinary Tribunal may consider in determining whether to make an award of costs under this section, the Disciplinary Tribunal may take into account whether, and to what extent, any party to the proceedings—

  3. has participated in good faith in the proceedings:
    1. has facilitated or obstructed the process of information gathering by the Disciplinary Tribunal:
      1. has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.

        1. If a party fails to prosecute any proceedings at the time fixed for a hearing or to give adequate notice of the abandonment of any proceedings, the Disciplinary Tribunal, if it considers it proper to do so, may order the party in default to pay costs to the Crown in a sum that it considers reasonable.

        2. A person to whom costs are awarded under this section, but who has not been paid in full, may file a copy of the order in the District Court, where it may be enforced for so much of the amount that is still owing as if it were a judgment of the District Court.

        Notes
        • Section 110A: inserted, on , by section 244 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).