The Complaints Process
In accordance with the Valuers Act 1948, the Valuers Registration Board considers complaints against registered valuers within its primary role of public protection. The disciplinary powers of the Board extend to unethical, improper or incompetent conduct by an individual in the performance of their duties as a valuer.
It is open to any person to make a complaint against a registered valuer.
THE PROCESS FOR MAKING A COMPLAINT
The basis of the complaint must be clearly set out in writing, detailing the specific issues with the valuation report and/or the individual valuer. The complaint information must include evidence to support the allegation/s.
Any supporting information that may be of assistance to an investigator in gaining a clear understanding of the facts should also be included with the complaint correspondence. This should include but is not limited to:
- A full copy of any valuation reports referenced in the correspondence
- Any relevant documentation such as email communication, plans, photographs of the subject property, written instructions, notes of telephone conversations that may have occurred between the parties
The information may be sent by email directly to the Registrar at: email@example.com
Alternatively, the information may be sent by post and should be addressed to:
Valuers Registration Board
PO Box 5501
Upon receipt of a complaint the investigation process is carried out independently of the Valuers Registration Board either by the Valuer General or a person appointed by the New Zealand Institute of Valuers.
The appointed investigator makes whatever enquiries are deemed necessary. For complaints focussed on the accuracy of the valuation figure, an independent valuer may be instructed to carry out a retrospective valuation report on the subject property.
Following the completion of a full investigation, a report is subsequently forwarded to the Valuers Registration Board who determine whether any further action is required. The investigation report is confidential to the Board.
If there is deemed to be sufficient evidence, the Board will order that the matter proceed to a hearing.
The investigator instructs their legal counsel to issue a notice of charge/s which is sent to the valuer that is the subject of the complaint. The valuer may elect to appoint their own legal counsel.
A Tribunal hearing date is allocated, at which both the prosecution and defence have an opportunity to present their case.
The complainant is invited to attend the hearing as an observer only however it is not mandatory to do so.
The Board subsequently issues a written decision as to its findings.
In the event that the Board finds the valuer guilty of the charge/s, the Valuers Act stipulates the penalties that may be imposed by the Board. These range from a reprimand, a fine and contribution to costs, through to suspension or removal from the Register of Valuers for offending of a more serious nature.
The Act does not empower the Board to award compensation to a complainant. A compensation claim should proceed through a separate civil proceeding in the appropriate court.