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Real Estate Agents Act 2008

Licensing - How to become licensed

42: Procedure in Registrar determining licence application and objection

You could also call this:

"How the Registrar decides on a licence application when someone objects"

Illustration for Real Estate Agents Act 2008

You are applying for a licence and someone objects to it. The Registrar looks at your application and the objection. The Registrar can decide on the application by reading the papers or by having a hearing. If you or the objector asks for a hearing, the Registrar must have one. You get a chance to speak at the hearing. The Registrar also hears the objector. The Registrar considers all the evidence, including what you say and any written submissions you make under section 41. The Registrar gives you and the objector at least 14 days' notice of the hearing. The Registrar decides on your application after the hearing. You can make a written submission in response to the objection under section 41. The Registrar considers this submission when deciding on your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152014.

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41: Written submission in response by applicant, or

"Send a written response if someone objects to your application"

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43: Registrar to license applicant or decline application, or

"The Registrar decides whether to give you a licence to be a real estate agent or not."

Part 3Licensing
How to become licensed

42Procedure in Registrar determining licence application and objection

  1. This section applies if notice of an objection to an application is made under section 40.

  2. Unless subsection (4) applies, the Registrar may consider the application and notice of objection to that application on the papers or by a hearing in accordance with subsection (5).

  3. If the Registrar considers the application and notice of objection to that application on the papers, he or she must consider any written submission in response that is provided by the applicant under section 41.

  4. If the Registrar has received a request for a hearing under section 40(3A) or 41(3), the Registrar must hold a hearing in accordance with subsection (5).

  5. If the Registrar elects to hold a hearing under subsection (2) or is required to hold a hearing under subsection (4), the Registrar must,—

  6. as soon as practicable, appoint a time and place for hearing the application and objection; and
    1. give at least 14 days' notice of the hearing to the applicant and to any person objecting to the issue of the licence; and
      1. hear the applicant and any person objecting to the issue of the licence; and
        1. consider the evidence put before him or her, including any written submission in response that is provided by the applicant under section 41.

          Notes
          • Section 42: replaced, on , by section 6 of the Real Estate Agents Amendment Act 2013 (2013 No 129).