Residential Tenancies Act 1986

Miscellaneous provisions

139: Regulations relating to accommodation brokers

You could also call this:

“Rules for people who help others find places to live or stay”

The Governor-General can make rules about accommodation brokers. These rules can cover how brokers get registered, licensed, or approved to work. They can also set rules for how brokers should behave and run their business.

The rules might say that brokers need to pay a bond to make sure they do their job properly. They can also give the Tribunal power to deal with issues about brokers.

The rules can control how brokers advertise their business. They can give the chief executive special powers to handle disputes about brokers, just like they have for other parts of this Act.

The rules might also set fees that brokers need to pay. They can make it against the law to break these rules. If someone breaks the rules, they might have to pay a fine of up to $5,000. If they keep breaking the rules, they might have to pay up to $500 more for each day they do it.

These rules are called secondary legislation. This means they need to follow special rules about how they are published, which you can find in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96417.

Topics:
Housing and property > Renting
Business > Industry rules
Money and consumer rights > Consumer protection

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Part 5 Miscellaneous provisions

139Regulations relating to accommodation brokers

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. providing for the registering, licensing, or approval of accommodation brokers, including the qualifications required of, and the conditions to be met by, persons intending to set up business as accommodation brokers, and for the disciplining of accommodation brokers who are so registered, licensed, or approved:
    1. requiring persons carrying on or intending to carry on business as accommodation brokers to provide bonds to secure the proper conduct of their businesses:
      1. conferring on the Tribunal jurisdiction in respect of all or any of the matters referred to in paragraphs (a) and (b):
        1. regulating the conduct of business by accommodation brokers, including advertising carried on in the course of, or in relation to, such business:
          1. conferring on the chief executive in respect of any disputes and proceedings arising under the regulations all or any of the powers conferred on the chief executive by section 124 in respect of proceedings under this Act:
            1. prescribing fees payable in respect of any matters under any regulations made under this section:
              1. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $5,000, and, where the offence is a continuing one, a further amount not exceeding $500 for every day or part of a day during which the offence has continued.
                1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 139(1)(e): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                • Section 139(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).