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Real Estate Agents Act 2008

Real Estate Agents Authority - Registrar

35: Power of Registrar to delegate

You could also call this:

"The Registrar can assign tasks to others, but still controls them."

Illustration for Real Estate Agents Act 2008

The Registrar can give some of their jobs to other people. You can be given some of the Registrar's tasks, and you can do them as if the Registrar gave them to you directly. The Registrar can take back the jobs they gave you at any time. The Registrar cannot give away their power to give jobs to others. They also cannot give away some special jobs without getting approval from the Authority, such as the jobs set out in section 34(b) or (c). When the Registrar gives you a job, they must write it down and can add conditions to it. You are assumed to be doing the job correctly unless someone can prove otherwise. The Registrar can still do the jobs they gave to you, even after giving them away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152005.

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Part 2Real Estate Agents Authority
Registrar

35Power of Registrar to delegate

  1. Except as provided in subsection (2), the Registrar may delegate to any person (whether an employee of the State services or not), either generally or particularly, any of the Registrar’s functions, duties, and powers.

  2. The Registrar must not delegate the Registrar's general power of delegation and must not, without the prior approval of the Authority, delegate any of the Registrar's functions, duties, and powers set out in section 34(b) or (c).

  3. A delegation—

  4. must be in writing; and
    1. may be made subject to any restrictions and conditions that the Registrar thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function or duty or exercise of any power by the Registrar.

          1. A person to whom any functions, duties, or powers are delegated may perform those functions and duties and exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.