Hearing process
The Real Estate Agents Disciplinary Tribunal will hear a case once all the necessary papers have been served, filed and preparatory steps taken. The hearing is a formal, judicial proceeding that is heard before the Tribunal consisting of a Chairperson and two other members.
Location of hearings
In most cases the hearing will take place in the town or city nearest to the place where the events giving rise to the case took place. The Tribunal will let all parties involved in the case know the place and time of the hearing.
Who attends a hearing
Hearings are presided over by the Chairperson or Deputy Chairperson and two other members of the Tribunal. Every person whose rights may be affected by a proceeding of the Tribunal is entitled to appear and be heard, and to be represented by a lawyer.
All hearings are held in public except where the Tribunal orders otherwise.
Before the hearing
Before the hearing the Tribunal may issue all or any of the following directions:
- Call for a directions conference by phone or in person, involving the parties or their counsel
- Order all parties to provide all relevant documents
- Call for witness lists and, where appropriate, briefs of evidence to be exchanged between the parties
- Set timetables for any required documents and to set hearing dates
What happens at a hearing
At the hearing each party will have the right to give evidence on oath and call witnesses relevant to the issue before the Tribunal. All witnesses may be subject to cross examination.
When all evidence has been presented, the parties will be given the opportunity to make closing submissions.
The decision
The Tribunal may deliver its decision at the end of the hearing or reserve its decision and deliver it later in writing.
The Tribunal has the power to:
- summon witnesses to appear before it
- request the production of books papers or other documents it considers to be relevant to the proceeding
- deal with the proceeding in the absence of any party who fails to appear without good reason
