Plain language law

New Zealand law explained for everyone

Real Estate Agents Act 2008

Miscellaneous provisions - Offences and penalties - Offences relating to witness summonses and contempt of Tribunal

153A: Offence to fail to comply with summons

You could also call this:

"Breaking the Law by Not Going to the Tribunal When Asked"

Illustration for Real Estate Agents Act 2008

You commit an offence if you are summoned to give evidence or produce documents to the Tribunal and you do not attend without a good reason. You also commit an offence if you refuse to answer questions or produce documents when you are lawfully required to do so. You can be fined up to $1,000 if you commit this offence. You must be paid or offered a certain amount of money before you are required to attend the Tribunal, as set out in clause 7 of Schedule 1, or you cannot be convicted of this offence. If you obstruct or hinder the Tribunal, you also commit an offence. The Tribunal must follow the rules when summoning you to attend. If you are summoned to attend the Tribunal and you do not comply without a good reason, you can be convicted of an offence and fined. You will only be convicted if you were paid or offered the correct amount of money before you were required to attend. This amount is set out in clause 7 of Schedule 1.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138843.

Topics:
Crime and justice > Courts and legal help
Previous

153: Offence to resist, obstruct, etc, or

"It's an offence to stop or trick someone doing their job under the Real Estate Agents Act"

Next

153B: Contempt of Tribunal, or

"Disrespecting the Tribunal: What You Can't Do"

Part 6Miscellaneous provisions
Offences and penalties: Offences relating to witness summonses and contempt of Tribunal

153AOffence to fail to comply with summons

  1. A person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any document, information, or thing, without sufficient cause—

  2. fails to attend in accordance with the summons; or
    1. refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer; or
      1. fails to produce any such document, information, or thing.

        1. A person commits an offence who—

        2. wilfully obstructs or hinders the Tribunal or any member of it in any inspection or examination of any document, information, or thing; or
          1. without sufficient cause, fails to comply with any requirement of the Tribunal.

            1. A person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.

            2. No person summoned to attend the hearing may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed in accordance with clause 7 of Schedule 1.

            Notes
            • Section 153A: inserted, on , by section 251 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).