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Real Estate Agents Act 2008

Licensing - Cancellation, suspension, surrender of licence, etc

55: Process for cancellation

You could also call this:

"What happens when a real estate agent's licence is cancelled"

Illustration for Real Estate Agents Act 2008

You need to know what happens when a licence is cancelled. The Registrar gives you written notice that they want to cancel your licence. They tell you why they want to cancel it and give you 10 working days to say why it should not be cancelled. You can write to the Registrar to say why your licence should not be cancelled. The Registrar looks at what you say and then decides whether to cancel your licence. They tell you their decision as soon as they can. If the Registrar cancels your licence, they tell you why and when it will happen. They also tell you that you can appeal to the Tribunal under section 112. The Registrar records the cancellation as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152032.

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54: Cancellation of licence, or

"When a real estate agent's licence can be cancelled"

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56: Effective date of cancellation, or

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Part 3Licensing
Cancellation, suspension, surrender of licence, etc

55Process for cancellation

  1. The process for cancellation of a licence, other than by determination of the Tribunal under section 110 or at the request of the licensee under section 54(b), is as follows:

  2. the Registrar must give the licensee written notice of the Registrar’s intention to cancel the licence; and
    1. the notice must—
      1. contain or be accompanied by a statement of the Registrar’s reasons for the cancellation; and
        1. state that the licensee has 10 working days within which to make written representations to the Registrar as to why the licence should not be cancelled; and
        2. if any written representations are made by the licensee in accordance with paragraph (b)(ii), the Registrar must take those representations into account when deciding whether to cancel the licence; and
          1. the Registrar must then decide whether to cancel the licence and notify the licensee of the Registrar’s decision as soon as practicable.

            1. If the Registrar decides to cancel the licence, the Registrar must—

            2. include in the notice referred to in subsection (1)(d) the grounds for the decision and the date on which the cancellation takes effect; and
              1. specify in the notice that the licensee has a right of appeal to the Tribunal under section 112; and
                1. record the cancellation on the register as soon as practicable.