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Valuers Bill

Regulation of public valuers - Disciplinary powers of Board

37: Board must inquire into complaint if reasonable ground for complaint

You could also call this:

"The Board checks complaints about valuers and investigates if they are fair."

Illustration for Valuers Bill

If you make a complaint about a valuer, the Board will look at it. They will check if there is a good reason for your complaint. You made your complaint under section 36(1). The Board got a report about your complaint under section 36(3) or (4). If the Board thinks there is a good reason for your complaint, they will hold an inquiry. They will tell the valuer about the inquiry and give them at least 30 days' notice. The notice will say when and where the inquiry will happen, and what it is about. The Board can give the valuer the notice in person, by post, or by email. If they send it by email, it is considered given to the valuer two working days later. The Board can hold the inquiry over the phone, by video link, or online if they think it is a good idea and have the right equipment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS617013.

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36: Investigation of complaint, or

"What happens when someone complains about a valuer"

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38: Valuer’s rights at inquiry, or

"A valuer's right to attend and speak at an inquiry about them"

Part 2Regulation of public valuers
Disciplinary powers of Board

37Board must inquire into complaint if reasonable ground for complaint

  1. After receiving a report under section 36(3) or (4), the Board must consider whether there is a reasonable ground for the complaint brought under section 36(1).

  2. If the Board is satisfied that there is a reasonable ground for the complaint, the Board must—

  3. hold an inquiry into the matter; and
    1. give the valuer concerned at least 30 days’ written notice of—
      1. its intention to hold the inquiry; and
        1. the time and place of hearing; and
          1. the nature of the matter to be inquired into.

          2. The Board may give the notice—

          3. by delivering it personally or by an agent (such as a courier) to the valuer; or
            1. by sending it by post addressed to the valuer at the valuer’s usual or last known place of residence or business; or
              1. by sending it by email to the valuer’s email address provided by the valuer for the purpose.

                1. In the absence of proof to the contrary, a notice sent under subsection (3)(c) must be treated as having been given to the valuer on the second working day after the day on which it is sent.

                2. An inquiry or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Board considers it appropriate and the necessary facilities are available.