Real Estate Agents Act 2008

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

171: Continuation of pending disciplinary proceedings

You could also call this:

"What happens to disciplinary proceedings that started before the new law came into effect"

Illustration for Real Estate Agents Act 2008

You are dealing with disciplinary proceedings that started before a new law came into effect. These proceedings will continue as if the old law was still in place. They will be finished under the old law's rules. You need to know that if a licence is cancelled or a licensee is suspended, the Authority will be told. The Authority will then take the necessary action under the new law. This action will be based on the decision made under the old law. The first part of this rule is affected by the second part. This means that the Authority's action is important for completing the disciplinary proceedings. You should look at the old law, the Real Estate Agents Act 1976, for more information on sections 94, 95, and 99, as well as section 97, section 102, and section 70.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152184.


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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"


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172: Allegations about conduct before commencement of this section, or

"Complaining about a real estate agent's past behaviour"

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

171Continuation of pending disciplinary proceedings

  1. All applications under any of sections 94, 95, and 99 of the Real Estate Agents Act 1976, every inquiry under section 97 of that Act, every complaint laid under section 102 of that Act with a Regional Disciplinary Committee, and every matter referred to a subcommittee of a Regional Disciplinary Committee in accordance with rules made under section 70 of that Act that have been commenced before the commencement of this section and that have not been completed before that commencement are to be continued and completed as if that Act had not been repealed.

  2. If the Real Estate Agents Licensing Board, in completing any application referred to in subsection (1), determines that the licence of a licensee is to be cancelled or that a licensee is to be suspended, the Board must promptly notify the Authority of that determination and the Authority must give effect to the determination by taking the appropriate action under this Act.

  3. Subsection (1) is subject to subsection (2).