Unsuccessful in a complaint against Auckland real estate agent Barfoot and Thompson filed with the Real Estate Agents Disciplinary Committee, Orewa resident Gregory John Wyatt later annoyed industry regulators by setting up a company using a name matching that of the regulator. The High Court upheld objections, forcing a name change.
A February 2012 decision of the Real Estate Agents Disciplinary Tribunal records an unsuccessful complaint by Mr Wyatt alleging unsatisfactory conduct by Barfoot and Thompson over sale of rural land owned by a family trust. Subsequently, Mr Wyatt registered a company named Real Estate Authority Ltd. Companies Office staff ordered a name change. Battle was joined in the High Court, with regulator Real Estate Agents Authority taking up the running. It said the company’s name breached the Flags, Emblems and Names Protection Act, prohibiting private individuals using names which suggest government patronage.
Mr Wyatt said the industry regulator’s statutory name is the Real Estate Agents Authority. This is different from his company name of Real Estate Authority Ltd, he said. The regulator commonly uses an abbreviated name of ‘Real Estate Authority’ as an operating name in its public pronouncements.
Justice Gault ruled government entities can choose to use abbreviations of their names for trading or for operating purposes. Mr Wyatt’s company name was so similar as to suggest it was part of or supported by the regulator. A name change was necessary.
Wyatt v. Real Estate Agents Authority – High Court (13.12.19)
20.011