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Real Estate Agents Act 2008

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

172: Allegations about conduct before commencement of this section

You could also call this:

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

Illustration for Real Estate Agents Act 2008

You can make a complaint about a real estate agent's conduct before this law started. The Complaints Assessment Committee or the Tribunal can look at the complaint if they think the agent could have been complained about under the Real Estate Agents Act 1976 at the time. They can only do this if the agent has not already been dealt with under the Real Estate Agents Act 1976 for that conduct. You might wonder what happens if the Committee or Tribunal finds the agent guilty of unsatisfactory conduct or misconduct. They can make a decision, but they cannot give a penalty that was not allowed under the Real Estate Agents Act 1976 at the time of the conduct. This means the penalty must be something that could have happened back then. The Committee or Tribunal will consider the complaint or charge and make a decision based on the rules. They have to follow the rules and make sure the agent is treated fairly. The agent's conduct will be looked at carefully to decide what should happen next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152185.

Topics:
Money and consumer rights > Consumer protectionHousing and property > Buying and selling homes
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171: Continuation of pending disciplinary proceedings, or

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

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173: Amendments to other enactments, or

"Changes to other laws are listed in Schedule 2"

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

172Allegations about conduct before commencement of this section

  1. A Complaints Assessment Committee may consider a complaint, and the Tribunal may hear a charge, against a licensee or a former licensee in respect of conduct alleged to have occurred before the commencement of this section but only if the Committee or the Tribunal is satisfied that,—

  2. at the time of the occurrence of the conduct, the licensee or former licensee was licensed or approved under the Real Estate Agents Act 1976 and could have been complained about or charged under that Act in respect of that conduct; and
    1. the licensee or former licensee has not been dealt with under the Real Estate Agents Act 1976 in respect of that conduct.

      1. If, after investigating a complaint or hearing a charge of the kind referred to in subsection (1), the Committee or Tribunal finds the licensee or former licensee guilty of unsatisfactory conduct or of misconduct in respect of conduct that occurred before the commencement of this section, the Committee or the Tribunal may not make, in respect of that person and in respect of that conduct, any order in the nature of a penalty that could not have been made against that person at the time when the conduct occurred.