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Real Estate Agents Act 2008

Miscellaneous provisions - Regulations

156: Regulations

You could also call this:

"Rules Made by the Governor-General"

Illustration for Real Estate Agents Act 2008

The Governor-General can make regulations for many purposes. You need to know what these purposes are. They include exempting people from getting a licence and setting qualifications for real estate agents. The Governor-General can also make regulations about applications and notices. You must follow these regulations when you apply for something or give notice. They can also make regulations about searching a register and notifying changes. The Governor-General can prescribe how complaints are made and how proceedings are conducted. You can make a complaint about a licensee or former licensee. They can also prescribe fees and appoint auditors to check documents and records. The Minister must recommend some regulations before they are made. The Minister must be satisfied that there is no benefit to consumers and that there are processes in place. They must also consult with organisations that have an interest in the proposed regulation. Regulations are secondary legislation, which means they are made under an Act of Parliament, see Part 3 of the Legislation Act 2019 for publication requirements. You can find more information about this in the Legislation Act 2019. Regulations can prescribe offences and set penalties, and they can also prescribe periods of time for giving notice and making submissions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152166.

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Part 6Miscellaneous provisions
Regulations

156Regulations

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. exempting any person or class of persons from the requirement to be licensed under this Act and prescribing any terms and conditions of such an exemption:
    1. prescribing the qualifications necessary before a person is entitled to be licensed as an agent, a branch manager, or salesperson:
      1. prescribing the form, manner, or content of applications, notices, or any other documentation or information required under this Act:
        1. prescribing search criteria for the register:
          1. prescribing changes of circumstance that must be notified to the Registrar:
            1. prescribing the manner and form in which complaints may be made to the Authority about licensees or former licensees:
              1. prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act as to the conduct of proceedings before the Disciplinary Tribunal, or prescribing any fees in relation to the functions of the Disciplinary Tribunal:
                1. prescribing for the appointment of auditors, auditing requirements, and conferring such powers, including the power of inspection of documents and records, as may be necessary or desirable for the purposes of carrying out an audit:
                  1. prescribing the form in which a client’s consent must be given for the purposes of section 134:
                      1. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and setting the maximum penalty for each offence, which—
                        1. in the case of an individual, may not exceed $25,000; or
                          1. in the case of a company, may not exceed $50,000:
                          2. prescribing periods of time for the purposes of giving notice, making submissions, and other matters:
                            1. prescribing the manner for giving notice or service under this Act:
                              1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

                                1. Any regulations made under subsection (1)(a) exempting any person or class of persons from the requirement to be licensed under this Act may be made only on the recommendation of the Minister given in accordance with subsection (3).

                                2. The Minister must not make a recommendation under subsection (2) unless the Minister—

                                3. is satisfied that—
                                  1. there is no material consumer benefit to be gained by requiring the person or class of persons concerned to be licensed; and
                                    1. there are sufficient processes in place to ensure competent and ethical conduct on the part of that person or those persons; and
                                    2. has consulted with representatives of organisations that, in the opinion of the Minister, have an interest in the proposed exemption.

                                      1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                      Notes
                                      • Section 156(1)(g): amended: on , by section 253 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                      • Section 156(1)(j): repealed, on , by section 5 of the Real Estate Agents Amendment Act 2010 (2010 No 82).
                                      • Section 156(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).