Real Estate Agents Act 2008

Licensing - How to become licensed

43: Registrar to license applicant or decline application

You could also call this:

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

Illustration for Real Estate Agents Act 2008

The Registrar looks at your application to become a real estate agent, branch manager, or salesperson. You get a licence if the Registrar is satisfied that you are allowed to have one under section 36 and not stopped from having one under section 37. The Registrar also checks if you are a proper person to have a licence. If you get a licence, the Registrar gives you one of three types of licences: an agent's licence, a branch manager's licence, or a salesperson's licence. The Registrar sends you proof of your licence and adds your name to a register. You also get a registration number. If the Registrar is not satisfied, they say no to your application and tell you why. They also tell you that you can ask the Tribunal to review their decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152015.


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42: Procedure in Registrar determining licence application and objection, or

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


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44: Special provisions in respect of partnerships and companies, or

"Rules for real estate agents in partnerships and companies"

Part 3Licensing
How to become licensed

43Registrar to license applicant or decline application

  1. The Registrar must grant a licence to the applicant if, after considering or hearing any objection to the issue of a licence, the Registrar is satisfied that—

  2. the applicant is entitled to be licensed as an agent, branch manager, or salesperson under section 36; and
    1. the applicant is not prohibited from being licensed as an agent, branch manager, or salesperson under section 37; and
      1. if the applicant is a company, any person who will be an officer of the company if the application is granted is, by reason of both his or her personal character and his or her financial position, a proper person to be an officer of a licensee company.
        1. The Registrar, on granting the licence, must—

        2. issue to the applicant 1 of the following classes of licence:
          1. an agent's licence; or
            1. a branch manager's licence; or
              1. a salesperson's licence; and
              2. send to the applicant evidence of the issue of that licence, in the prescribed form; and
                1. enter the applicant’s name in the register; and
                  1. issue a registration number to the applicant and notify the applicant as to what the registration number is.
                    1. If the Registrar is not satisfied that the applicant is entitled to be licensed as an agent, branch manager, or salesperson, the Registrar must—

                    2. decline the application; and
                      1. notify the applicant of the Registrar’s decision and the reasons for it; and
                        1. notify the applicant of his or her right of review by the Tribunal against the decision.
                          Compare
                          Notes
                          • Section 43(1): amended, on , by section 7 of the Real Estate Agents Amendment Act 2013 (2013 No 129).
                          • Section 43(1)(c): amended, on , by section 5 of the Real Estate Agents Amendment Act 2012 (2012 No 112).