Real Estate Agents Act 2008

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

169: Applications pending at commencement of this section to be dealt with under Real Estate Agents Act 1976

You could also call this:

"Old law still applies to licence applications made before the new law started"

Illustration for Real Estate Agents Act 2008

You made an application for a licence or certificate under the Real Estate Agents Act 1976. This application is still being considered when the new Real Estate Agents Act 2008 starts. The Real Estate Agents Licensing Board will deal with your application under the old Act. You will be told about the decision on your application. The Authority will then be advised of the decision. If your application is approved, the Authority will issue you a new licence under the Real Estate Agents Act 2008. The people in charge under the old Act still have the power to do their jobs. They will keep doing their jobs until everything is sorted out. The Authority will issue new licences to people who have been granted a licence or had their licence renewed under the old Act, as seen in the Real Estate Agents Act 1976.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152183.


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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"


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170: Continuing effect of agency agreements entered into before repeal of Real Estate Agents Act 1976, or

"Old contracts keep old rules until renewed"

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

169Applications pending at commencement of this section to be dealt with under Real Estate Agents Act 1976

  1. Every application for a licence or a certificate of approval, or for a renewal of a licence or a certificate of approval, made under the Real Estate Agents Act 1976 that is, immediately before the commencement of this section, pending before the Real Estate Agents Licensing Board must be considered and determined as if this Act (other than this section) had not been enacted.

  2. After determining an application of the kind referred to in subsection (1), the Real Estate Agents Licensing Board must promptly advise the Authority of the determination.

  3. If the Authority receives advice under subsection (2) that the Real Estate Agents Licensing Board has issued an agent’s licence to a person or granted an application for the renewal of such a licence, the Authority must issue a licence as an agent to the person under this Act.

  4. If the Authority receives advice under subsection (2) that the Real Estate Agents Licensing Board has issued a certificate of approval as a salesperson or branch manager to a person or granted an application for the renewal of such a certificate, the Authority must issue a licence as a salesperson or as branch manager to the person under this Act.

  5. The Real Estate Agents Licensing Board and any person holding office as Registrar under the Real Estate Agents Act 1976 continue to have all the powers under that Act that are necessary for performing their duties under this section.