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Real Estate Agents Act 2008

Miscellaneous provisions - Provisions relating to repeal of Real Estate Agents Act 1976 - Transitional provisions

167: Salespersons and branch managers approved under Real Estate Agents Act 1976

You could also call this:

"People approved under the old real estate law can still work as salespeople or managers"

Illustration for Real Estate Agents Act 2008

You are deemed to hold a licence as a salesperson or branch manager under the Real Estate Agents Act 2008 if you have a current certificate of approval under the Real Estate Agents Act 1976. This licence continues until the expiry of the year it was issued and can be renewed under the Real Estate Agents Act 2008. You can also be deemed to hold a licence if you were entitled to renew your certificate of approval under the Real Estate Agents Act 1976 before the new Act started. You keep the same status as before, whether as an employee or independent contractor, until you and your employer agree to change it. The licence you are deemed to hold can continue until the Authority is notified of the Real Estate Agents Licensing Board's decision. This section does not affect the rules that allow a licence to be cancelled or suspended. If you are deemed to hold a licence and are still working for the same agent, your employment status stays the same. Your licence can be renewed under the Real Estate Agents Act 2008. The rules about cancelling or suspending a licence still apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152181.

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166: Agents licensed under Real Estate Agents Act 1976, or

"Old real estate agent licences are still valid under this law"

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168: Continuing effect of permits issued under Real Estate Agents Act 1976, or

"Old permits are still valid for 2 years after the new law starts"

Part 6Miscellaneous provisions
Provisions relating to repeal of Real Estate Agents Act 1976: Transitional provisions

167Salespersons and branch managers approved under Real Estate Agents Act 1976

  1. Every person is deemed to hold a licence as a salesperson or as a branch manager under this Act who, on the commencement of this section, holds a current certificate of approval as a salesperson or as a branch manager under the Real Estate Agents Act 1976.

  2. The licence that the person is deemed to hold under subsection (1) continues in force until the expiry of the year in respect of which the licence was issued under the Real Estate Agents Act 1976 and may be renewed under this Act.

  3. Every person is deemed to hold a licence as a salesperson or as branch manager under this Act if, immediately before the commencement of this section, the person is entitled to apply for a renewal of his or her certificate of approval under the Real Estate Agents Act 1976 and, on the commencement of this section, the person’s application for that renewal is pending before the Real Estate Agents Licensing Board.

  4. The licence that the person is deemed to hold under subsection (3) continues in force until the Authority has been notified by the Real Estate Agents Licensing Board under section 169(2) of the Board’s determination and has taken any appropriate action on that advice.

  5. This section does not limit the provisions of this Act that authorise the cancellation of a licence or the suspension of a licensee.

  6. A person who, by this section, is deemed to hold a licence and who continues to be employed or engaged by the same agent retains the status that the person had before the commencement of this section, whether as employee or as independent contractor, until that status is altered by agreement of the parties.