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Valuers Bill

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules for When the New Valuers Law Starts"

Illustration for Valuers Bill

If you have a special certificate to work as a valuer, it will still be valid. You will be treated as if you got the certificate under the new law. Your certificate will last for the rest of the year it was issued for. If you are already registered as a valuer, you will still be registered under the new law. The people in charge can still remove your name from the register or stop you from working as a valuer. Any investigations or complaints about you that started before the new law will continue as if the new law was not passed. You can still make complaints about valuers who did something wrong before the new law started. The people in charge will deal with the complaint under the new law, but they will only consider what was against the rules at the time. They can punish the valuer, but only in ways that were allowed under the old law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS617056.

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113: Amendments to other legislation, or

"Changes to other New Zealand laws"

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Schedule 2: Comparative table, or

"A table that compares old and new valuers laws to show what's changed"

1Transitional, savings, and related provisions Empowered by s 6

1Provisions relating to this Act as enacted

1Annual practising certificates continue

  1. A person who, immediately before the commencement of this clause, holds an annual practising certificate issued under the Valuers Act 1948 (the 1948 Act) must be treated as holding an annual practising certificate issued under subpart 1 of Part 2 of this Act.

  2. The annual practising certificate is in force during the year in respect of which the certificate under the 1948 Act was issued (subject to section 11(2)).

2Registration continues

  1. A person who, immediately before the commencement of this clause, is registered under the 1948 Act must be treated as being registered under this Act.

  2. This clause does not limit any power under this Act to remove the person’s name from the register or to suspend the person’s registration.

3Applications pending at commencement

  1. This clause applies to the following applications made under the 1948 Act that, immediately before the commencement of this clause, are pending before the Board or the Registrar under that Act:

  2. an application for, or concerning, registration as a valuer:
    1. an application for an annual practising certificate.

      1. The Board or Registrar must deal with the application as if it had been made under this Act (and this Act applies with all necessary modifications).

      4References to Valuers Act 1948

      1. A reference in a document to the 1948 Act, or to a provision of that Act, must, unless the context otherwise requires, be treated as a reference to this Act or to a provision of this Act that, with or without modification, replaces, or that corresponds to, the repealed provision of that Act.

      2. In this clause, document—

      3. means any instrument, register, record, notice, or other document that is made, given, passed, or executed before the commencement of this Act; but
        1. does not include legislation.

          5Valuers Regulations 1949

          1. The Valuers Regulations 1949, as in force immediately before the commencement of this Act, continue in force as if they had been made under section 105 of this Act (and may be amended, revoked, or replaced accordingly).

          6Rules of Institute

          1. The rules made under section 16 of the 1948 Act, as in force immediately before the commencement of this Act, continue in force as if they had been made under section 90 of this Act (and may be amended, revoked, or replaced accordingly).

          7Continuation of pending investigations and inquiries

          1. All investigations and inquiries under the 1948 Act that have been commenced before the commencement of this clause and that have not been completed before that commencement are to be continued and completed as if this Act had not been enacted.

          2. However, if an investigation or inquiry continued under this clause relates to a person who is treated, under clause 2, as being registered under this Act, the Board’s power to discipline the person includes the power to—

          3. direct that the person’s name be removed from the register kept under this Act; or
            1. suspend the person’s registration under this Act for a period not exceeding 12 months.

              8Complaints about conduct before commencement

              1. A complaint about the conduct of a specified registered person may be dealt with under this Act, even though the conduct is alleged to have occurred before the commencement of this clause.

              2. However, this clause does not apply if the complaint is the subject of an investigation or inquiry to which clause 7 applies.

              3. In dealing with a complaint to which subclause (1) applies, the Board—

              4. must not have regard to any duty or obligation that was not binding on the specified registered person at the time that the conduct complained about is alleged to have occurred; and
                1. may exercise a disciplinary power under this Act only if the Board is satisfied that it could have exercised the disciplinary power under the 1948 Act; and
                  1. may not impose on the specified registered person any order in the nature of a penalty that could not have been made against that person at the time when the conduct occurred.

                    1. However, the Board’s power to discipline the specified registered person includes the power to—

                    2. direct that the person’s name be removed from the register kept under this Act; or
                      1. suspend the person’s registration under this Act for a period not exceeding 12 months.

                        1. In this clause, specified registered person means a person who, immediately before the commencement of this clause, is registered under the 1948 Act.

                        9Reference relating to bank

                        1. Until section 10 of the Deposit Takers Act 2023 comes into force, the reference to a licensed deposit taker in section 92 means a registered bank within the meaning of section 2(1) of the Banking (Prudential Supervision) Act 1989.