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Auctioneers Act 2013

Registration requirements

6: Disqualification from registration

You could also call this:

"Who is not allowed to be an auctioneer"

You cannot be registered as an auctioneer if you are a person who:

  • Is younger than 18 years old
  • Has not paid off all your debts in a bankruptcy
  • Had your registration as an auctioneer cancelled in the last 5 years
  • Is not allowed to be a director or manager of a company
  • Was found guilty of a dishonest crime in the last 5 years
  • Was found guilty in the last 5 years of breaking certain parts of the Fair Trading Act or of breaking section 24 of this Act
  • Has had your real estate licence suspended or cancelled
  • Is banned from selling motor vehicles
  • Has someone else appointed to make decisions about your personal care and welfare, or your property

A company cannot be registered as an auctioneer if:

  • Someone managing the company is not allowed to be registered
  • The company is not registered under the Companies Act 1993
  • The company's registration as an auctioneer was cancelled in the last 5 years
  • The company was found guilty in the last 5 years of breaking certain parts of the Fair Trading Act or of breaking section 24 of this Act
  • The company has had its real estate licence suspended or cancelled
  • The company is banned from selling motor vehicles
  • The company is being closed down or is in serious financial trouble
  • The company's name has been taken off the list of registered companies

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5788526.

Topics:
Business > Industry rulesBusiness > Fair tradingCrime and justice > Criminal law
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5: Registration of person carrying on business as auctioneer, or

"You need to be registered to work as an auctioneer"

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7: Restriction on who registered auctioneers may engage as auctioneer, or

"Registered auctioneers can only hire other qualified auctioneers"

6Disqualification from registration

  1. A person who is an individual is disqualified from registration if he or she is—

  2. under 18 years of age; or
    1. an undischarged bankrupt; or
      1. a person whose registration under this Act has been cancelled within the preceding 5 years; or
        1. prohibited from being a director of, or being concerned or taking part in the management of, an incorporated or unincorporated body under any enactment or order made under any enactment; or
          1. a person who has been convicted of a crime involving dishonesty (as defined in section 2(1) of the Crimes Act 1961) within the preceding 5 years; or
            1. a person who has been convicted, within the preceding 5 years, of—
              1. an offence against section 40 of the Fair Trading Act 1986 for contravention of any provision of Part 1 or subpart 4 of Part 4A of that Act; or
                1. an offence against section 24 of this Act; or
                2. subject to an order suspending or cancelling a licence under section 110 of the Real Estate Agents Act 2008; or
                  1. banned, or subject to a banning order, under section 68 or 69 of the Motor Vehicle Sales Act 2003; or
                    1. subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.

                      1. A company is disqualified from registration if—

                      2. a person concerned in the management of the company is disqualified from registration under subsection (1); or
                        1. the company is not registered under the Companies Act 1993; or
                          1. the company's registration under this Act has been cancelled within the preceding 5 years; or
                            1. the company has been convicted, within the preceding 5 years, of—
                              1. an offence against section 40 of the Fair Trading Act 1986 for a contravention of any provision of Part 1 or subpart 4 of Part 4A of that Act; or
                                1. an offence against section 24 of this Act; or
                                2. the company is subject to an order suspending or cancelling a licence under section 110 of the Real Estate Agents Act 2008; or
                                  1. the company is banned, or subject to a banning order, under section 68 or 69 of the Motor Vehicle Sales Act 2003; or
                                    1. the company is in liquidation, receivership, or voluntary administration; or
                                      1. the name of the company has been removed from the register of companies kept under section 360(1)(a) of the Companies Act 1993.

                                        Compare
                                        Notes
                                        • Section 6(1)(e): amended, on , by section 4(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                                        • Section 6(2)(aa): inserted, on , by section 4(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).