Plain language law

New Zealand law explained for everyone

Real Estate Agents Act 2008

Complaints and discipline - Unsatisfactory conduct and misconduct

74: Complaints about licensees

You could also call this:

"How to complain about a real estate agent"

Illustration for Real Estate Agents Act 2008

You can complain in writing to the Authority about a licensee's conduct. You must follow the regulations made under the Real Estate Agents Act 2008 when making a complaint. The Authority will then deal with your complaint. When the Authority gets your complaint, they must refer it to the Registrar of the register of licensees. The Registrar will decide what to do with your complaint. They might refer it to a Committee for determination. The Registrar can decide that your complaint is not important enough to pursue. They can also decide that your complaint is frivolous or not made in good faith. The Registrar might refer your complaint to another agency if that is more suitable. They can also decide that your complaint has been resolved and no further action is needed.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM1152060.

Topics:
Money and consumer rights > Consumer protectionHousing and property > Buying and selling homes
Previous

73: Misconduct, or

"Doing something very wrong as a real estate agent"

Next

75: Authority to appoint Complaints Assessment Committees, or

"Who chooses the people to look into complaints about real estate agents?"

Part 4Complaints and discipline
Unsatisfactory conduct and misconduct

74Complaints about licensees

  1. Any person may, in accordance with regulations made under this Act, complain in writing to the Authority about the conduct of a licensee.

  2. When the Authority receives a complaint under this section, the Authority must—

  3. refer the complaint to the Registrar of the register of licensees, who must consider whether to deal with the complaint under subsection (3); and
    1. if the Registrar decides not to deal with the complaint under that subsection, refer the complaint to a Committee for determination and notify the person complained about of the reference.

      1. The Registrar may determine that—

      2. the complaint discloses only an inconsequential matter, and for that reason need not be pursued:
        1. the complaint is frivolous or vexatious or not made in good faith, and for that reason need not be pursued:
          1. the complaint should be referred to another agency, and refer it accordingly:
            1. the complaint has been resolved to the complainant’s satisfaction and no further action is needed.

              Notes
              • Section 74(2): replaced, on , by section 231 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
              • Section 74(3): inserted, on , by section 231 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).