A Harcourt’s boss says documents sought by the Real Estate Authority had, in fact, been provided and were in any case, not controversial.
Martin Cooper on Tuesday appeared before the Real Estate Agents Disciplinary Tribunal for misconduct.
That was for not supplying documents despite four requests.
Cooper yesterdaytold the Herald the documents were supplied, just not at the time they were sought.
“The documents have been provided. It is not in contention that we failed to provide the documents, but I wish to be clear, as was discussed and acknowledged in detail at the hearing: the documents have all been provided to the authority.
“They were not complicated or controversial documents,” Cooper said.
Investigator Rangi Callahan had sought a copy of a listing card, a listing agreement and the agency’s policies and procedures at the time, Cooper said.
“Of course, as acknowledged at the hearing, I regret these documents were not simply sourced and provided at the time,” Cooper said.
A media inquiry has been sent to the authority asking if the documents had subsequently been provided after the charge sheet was formed but the authority said it would not comment while the tribunal decision was pending.
That charge sheet for Tuesday’s hearing said the documents had not been provided.
Cooper told the Herald the documents were provided in full shortly after the charge was laid.
Cooper and the agency are charged with misconduct under the Real Estate Agents Act 2008, “in that their conduct constitutes a wilful or reckless contravention of the act”.
It says Cooper was asked for the documents twice in 2021 and twice in 2022 but failed to provide them.
Twice, he acknowledged the requests for the documents.
“On December 7, 2021, as well as on January 28, 2022, Mr Cooper acknowledged the authority’s request for information by return email. Despite the requests, Mr Cooper and the agency failed to provide the authority with the requested information,” the charge sheet said.
Martin Cooper regrets not supplying the documents at the time.
On Tuesday, Callahan appeared before the tribunal, along with Cooper, represented by Michael Hodge.
That follows the case against Peter Tromp de Haas who bought a property he had listed as an agent and made a $225,000 profit in five months.
The documents relate to that case which was heard last year.
On Tuesday, Catherine Sandelin, Neil O’Connor and Fiona Mathieson were the tribunal members who heard the case against Cooper and the agency.
Cooper told prosecutor Sam McMullan, of law firm MC: “I don’t know what you want me to say. I am repeating myself. I dropped the ball. I apologised. You are saying to me that I was trying to avoid this, I was trying to cover this up. I was not.”
Cooper explained on Tuesday the difficulties he faced in operating the large real estate agency business during the pandemic.
“My priorities were the wellbeing of my staff and customers. This case didn’t get elevated to the top. I accept it should have. I accept I made a mistake. I don’t believe it was a conscious decision. I was overwhelmed. I had 407 staff. If a vendor pays $5000 to market their property and they call up screaming ‘what’s going on, I want my money back!’ Accidents happen. Mistakes are made. It was not a conscious decision. It was an oversight and a major one. As we sit here today, I can see the consequences of it,” Cooper said.
He referred to a series of events which made it difficult for him to comply with the request for documents. Cooper said he was dealing with so many problems coming at him all at the same time.
Those included closing a branch, “guys being retired”, a relief manager having retired, documents being transferred into storage and a manager who was managing an agent being out of New Zealand.
“It was difficult to get the information. I didn’t place importance on this issue. I thought I had dealt with this issue. I just had so many balls in the air. Hindsight is a wonderful thing. I was not efficient enough in my administration of this claim. We have had many many claims that had to be dealt with. There were extenuating circumstances of lockdowns, dramas, unprecedented times,” Cooper told McMullan on Tuesday.
Hodge initially sought to argue a strike-out application but the tribunal decided to hear the full or substantive case and not that application at the start.
Hodge applied for and was granted suppression around one aspect of the case.
The tribunal reserved its decision, expected to be issued in the next few weeks.
Anne Gibson has been the Herald’s property editor for 24 years, written books and covered property extensively here and overseas.
