C - Complaint No CA3873387 [2011] NZREAA 48 (10 March 2011)

Last Updated: 17 January 2013

In the Matter of Part 4 of the Real Estate Agents Act 2008

And

In the Matter of Complaint No: CA3873387

In the Matter of Ms C

_{Licence Number: XXXXXXXXX}

Decision of Complaints Assessment Committee

_{Dated 10 March 2011}

Complaints Assessment Committee: CAC10057

Chairperson: Anna Tierney

Deputy Chairperson: Joan Harnett-Kindley

Panel Member: Deirdre McNabb

Complaints Assessment Committee

Decision to take no further action

1. The Complaint

1.1 Mr W complained to the Real Estate Agents Authority (“the Authority”) about the conduct of

Ms C.

2. Relevant Provisions

2.1 (a) Real Estate Agents Act 2008

1.1 (a) Real Estate Agents Act 2008

Section 80 Decision to take no further action on a complaint.

“ A Committee may, in its discretion, decide to take no action or, as the case may require, no further action on any complaint if, in the opinion of the Committee,—

(a) the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or

(b) the subject matter of the complaint is inconsequential.

(2) Despite anything in subsection (1), the Committee may, in its discretion, decide not to take any further action on a complaint if, in the course of the investigation of the complaint, it appears to the Committee that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

3. Discussion

_{Consideration}

3.1 The complaint was submitted to the Committee with the request that documents contained in the complaint were not disclosed to the licensees complained of.

3.2 In the interests of natural justice, it is not appropriate that a complaint proceed without a licensee having an opportunity to respond fully to the matters complained of. To be able to do so in this case the license would need to consider all of the documents.

3.3 The complainant was contacted and asked to authorise the release of all documents to the licensees and was informed of the consequences that may arise should this request not be agreed to.

3.4 The complainant declined the release of the documentation to the licensees.

3.5 The complainant is not prepared to release the information to the licensees in order for them to provide a full response and therefore the rules of natural justice can not be adhered to. On this basis the Committee has decided to take no further action on this complaint as to do so would be inappropriate.

4. Decision

4.1 The Committee has, in its discretion, decided to take no further action in relation to this matter under section 80(2)(c) of the Act because to do so would be inappropriate.

5. Publication

5.1 One of the Committee’s functions pursuant to section 78(h) of the Act is to publish its decisions.

5.2 Publication gives effect the purpose of the Real Estate Agents Act of ensuring that the disciplinary process remains transparent, independent and effective. The Committee also regards publication of this decision as desirable for the purposes of setting standards and that it is in the public interest that the decision be published.

5.3 The Committee directs publication of its decision, but omitting the names and identifying details of the complainant (including the address of the property), the licensee and any third parties in the publication of its decision.

6. Right of Appeal

6.1 A person affected by a determination of a Complaints Assessment Committee may appeal to the Disciplinary Tribunal against a determination of the Complaints Assessment Committee within 20 working days after the date of this notice.

6.2 Appeal is by way of written notice to the Tribunal. You should include a copy of this Notice with your Appeal.

6.3 Further information on lodging an appeal is available by referring to A Guide to Filing an

_{Appeal at www.justice.govt.nz/tribunals.}

Signed

Anna Tierney

Chairperson

Complaints Assessment Committee

Real Estate Agents Authority

Date: 10 March 2011