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Auctioneers Act 2013

Registrar and register

19: Registrar of Auctioneers

You could also call this:

“Person in charge of managing auctioneers' registration”

The chief executive needs to choose someone to be the Registrar of Auctioneers. This person will have several important jobs. They will create and look after a list of registered auctioneers. They will decide who gets to be on this list and give out certificates to those who are approved. They can also remove people from the list if needed. The Registrar might have other jobs too, as set out in the law.

The person who was in charge of the Companies Act 1993 when this new law started will automatically become the first Registrar of Auctioneers.

The Registrar can ask other people to do some of their work, but they can’t ask someone else to choose who does the work. When they ask someone to do work for them, they need to write it down. They can also set rules about how the work should be done. The Registrar can change their mind about who does the work at any time, but they need to write this down too.

If someone is doing work for the Registrar, they can do it just like the Registrar would. Unless there’s proof that they’re not following the rules, people should assume that they’re doing the work properly.

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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=DLM5788544.

Topics:
Business > Industry rules Money and consumer rights > Consumer protection
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18: Storage and inspection of auctioneer record, or

"Keeping and sharing your auction record"

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20: Registrar's certificate, or

"The Registrar can give you a paper that proves if someone is an auctioneer"

19Registrar of Auctioneers

  1. The chief executive must appoint, under the Public Service Act 2020, a Registrar of Auctioneers.

  2. The person holding office as the Registrar of Companies under the Companies Act 1993 immediately before the commencement of this Act must be treated as if that person had been appointed as the Registrar of Auctioneers in accordance with this section.

  3. The functions of the Registrar are as follows:

  4. to establish and maintain a register of registered auctioneers:
    1. to determine applications for registration:
      1. to issue registration certificates:
        1. to cancel registrations under section 14:
          1. to perform any other function conferred on the Registrar by this Act.

            1. The Registrar may delegate any of the Registrar's functions or duties to any other person, except the power of delegation.

            2. A delegation must be in writing, may be made subject to any restrictions or conditions the Registrar thinks fit, is revocable in writing at any time, and does not prevent the performance or exercise of any function or duty by the Registrar.

            3. A person to whom any functions or duties are delegated may perform them in the same manner, and with the same effect, as if they had been conferred directly by this section.

            4. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

            Compare
            Notes
            • Section 19(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).