3Intended changes to effect of old law on commencement Empowered by s 4(3)
1Changes authorised under section 96(3) of Legislation Act 2019
| Provision of this Act | Provision of 1948 Act | Nature of intended change | |
|---|---|---|---|
| Section 8(1) | Section 35(4) | An offence relating to falsely holding out that a person holds an annual practising certificate when the person does not hold the certificate is extended to refer to permitting certain words, titles, initials, or abbreviations to be used (for consistency with sections 106 and 107). | |
| Section 19(1) | Section 21(2) | An unnecessary requirement for an applicant to provide a duplicate copy of an application for registration as a valuer has been omitted. | |
| Section 23(3) | Section 23(2), (3) | A provision for hearing objections to an application for registration as a valuer has been extended to allow a hearing to be conducted by telephone, audiovisual link, or other remote access facility. | |
| Section 28 | Section 27(1), (2) | A reference to a registered letterhas been replaced with a reference to a notice that may be sent to a physical or an electronic address. |
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| A reference to no reply to a notice being received is clarified to refer to the Registrar receiving no reply. | |||
| Section 36(1) | Section 32(1) | The provision expressly provides for a complaint about a valuer’s conduct to be given to the Registrar and for the Registrar to refer the complaint to the Valuer-General. | |
| Section 37(2) | Section 32(2) | The provision requires the Board to hold an inquiry if it is satisfied that there is a reasonable ground for a complaint (instead of requiring the Board to hold an inquiry unless it is satisfied that there is no reasonable ground for the complaint). |
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| Section 37(3) | Section 32(2) |
The methods for giving notice of the Board’s intention to hold an inquiry into a valuer’s conduct have been updated. An inquiry or any part of it may be conducted by telephone, audiovisual link, or other remote access facility. |
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| Section 39 | Section 32(4) | The provision has been amended to clarify that the Valuer-General is prohibited from acting as a member of the Board only if they investigate the complaint. | |
| Section 47(2) | Section 34(2) | The provision refers to an assessor of a Board of Appeal being appointed by the Board or the appellant, rather than being appointed to representthe Board or appellant. |
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| Section 56 | Section 3(4) | The reference to a disabilityof a member of the Board being a ground for the Minister to remove the member has been replaced by a reference to inability to perform the functions of office. |
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| Section 58(2) | Section 3(5) | A requirement that a vacancy in Board membership be filled in the manner in which the appointment of the vacant office was originally madehas been clarified. |
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| Section 59(1) | Section 3(6) | A provision providing for a member of the Board to continue in office at the end of their term has been amended to refer to the member’s reappointment. | |
| Section 61 | The provision allows a meeting of the Board to be held by means of audio, audio and visual, or electronic communication. | ||
| Section 69(1) | Section 8 | The provision clarifies that the Valuer-General appoints the Registrar. | |
| Section 80(1) | Section 14 | The provision refers to the Council transacting all of the business of the Institute (rather than ordinary business). | |
| Section 105(1)(l) | Section 44(2)(h) | A provision that allows regulations to provide for the taxationor review of charges made by valuers has been amended to omit the reference to taxation. |
2Other changes to effect of old law
| Provision of this Act | Provision of 1948 Act (if any) | Nature of intended change | ||
|---|---|---|---|---|
| Section 6A | Clause 6A expressly provides for the Act to bind the Crown. | |||
| Sections 9, 26(2), and 109 | Section 43 |
The maximum fine for various offences is increased from $500 to $10,000. The continuing offence provision allowing for daily penalties is omitted. |
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| Section 36 | A section that provided for an annual list of holders of practising certificates (and an associated evidential rule) is omitted. | |||
| Section 14(2) to (4) | Section 18(2) | Provisions about the operation of and access to the register are updated (including allowing the register to be an electronic register). | ||
| Section 16 | Section 19(1) | A requirement for registration as a valuer that a person must be not less than 23 years of age is omitted. | ||
| Section 23(1)(b) | Section 23(2) | The time frame for giving notice of the time and place for hearing an objection is changed from 7 days to 5 working days before the appointed time. | ||
| Sections 23(2)(b), 38(b), and 40(3) | Sections 23(3) and 32(3) and (5) | The provisions clarify that a person may be represented at certain hearings by counsel or any other person. | ||
| Section 32(2) | Section 28(1) | A power for the Board to direct that a person’s name be removed from the register is amended to apply if the Board knows certain matters or the matters are proved to the Board’s satisfaction. | ||
| Section 35 | Section 31 |
The grounds for discipline of a valuer are applied to all of the Board’s disciplinary powers under section 41 (not just the power to remove a valuer’s name from the register). A ground of discipline relating to improper conduct is amended to refer to conduct that reflects on a valuer’s fitness to practise, or tends to bring the profession of land valuation into disrepute (rather than a threshold referring to the valuer being unfit to be registered). A ground of discipline relating to a valuer being convicted of an offence that tends to dishonour the valuer in the public estimation is replaced. The new ground refers to the valuer being convicted of an offence that reflects on their fitness to practise, or tends to bring the profession of land valuation into disrepute. The ground of discipline relating to improper, unethical, or incompetent conduct in the performance of their duties as a valuer does not include a threshold referring to the valuer being unfit to be registered. |
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| Section 36(2) | Section 32(1) | The Registrar must refer a complaint to the Valuer-General as soon as practicable after receiving it. | ||
| Sections 37A and 37B | Section 37A provides for an inquiry into a disciplinary matter to generally be held in public. However, section 37B allows the Board to order that an inquiry be held in private and to prohibit the publication of certain information relating to an inquiry. | |||
| Sections 41, 41B, and 44(2) | Sections 31(1) and 33(1), (1A), and (5) |
Section 41 clarifies that all of the disciplinary powers may be exercised if the Board is satisfied as referred to in section 35. The maximum penalty is increased from $10,000 to $20,000. The Board is given an additional disciplinary power to order a valuer to pass an examination, complete a competence programme or training, or attend a course of instruction. If a valuer does not comply with the order, their registration may be suspended under section 41B. The Board may order costs and expenses to be paid for a proceeding under that section under section 44(2). A decision under section 41 must contain a statement of the reasons on which it is based. The decision must be in writing but need not be signed. |
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| Section 41A | Section 41A provides for the publication of decisions made under section 41. | |||
| Section 45A | Section 45A provides for disciplinary powers to apply to former registered valuers. | |||
| Section 45B | Section 45B allows the Board to delegate its disciplinary powers to a committee. | |||
| Sections 46 and 48 | Section 34(1) and (3) | The provisions about appeals are extended to allow an appeal to a Board of Appeal against all disciplinary powers of the Board. | ||
| Sections 56(2) and (3) and 56A | Section 3(4) | The provisions about removal of an appointed member of the Board provide for a notice of, and the process for, the removal. | ||
| Section 58(3) | Section 3(5) | A person appointed to a vacant office on the Board may be appointed for a term of up to 3 years (rather than a full 3 years). | ||
| Section 62 | Section 4(3) | The quorum for a meeting of the Board is reduced to 2 members in a certain case where its disciplinary powers may be delegated under section 45B. | ||
| Section 68 | Section 7 | Section 68 provides for the remuneration and expenses of a Board member or any assessor appointed under section 47 to be determined in accordance with the fees framework (as defined in section 68(2)). | ||
| Sections 69A to 69G | Sections 69A to 69G provide for the disclosure of conflicts of interest and the consequences of being interested in a matter. | |||
| Sections 71 to 71D | Section 9(1) | Sections 71 to 71D update the provisions relating to the Institute’s status as a body corporate (which are consistent with sections 15 to 24 of the Crown Entities Act 2004). | ||
| Section 72 | Section 10 |
Section 72 clarifies the functions of the Institute. The section removes a reference to generalfunctions and instead expands the list of functions to include the Institute performing or exercising functions or powers conferred or imposed under this Act and other legislation and performing functions that are incidental to, or consequential on, the Institute’s other functions. |
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| Sections 79 and 80 | Sections 13(1) and 14 | Sections 79 and 80 clarify the Council’s role as the governing body of the Institute. | ||
| Section 90(1)(m) | Section 16(1)(m) | The maximum fine for a breach of the Institute's rules is increased from $500 to $1,000. | ||
| Section 90(5) | Section 16 | The rules of the Institute are identified as secondary legislation under the Legislation Act 2019. | ||
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Sections 95, 96, and 104 |
Sections 37(4) to (6) and 39A |
Provisions relating to cheques and unauthorised expenditure are omitted. Instead, the Board is subject to a new duty to operate in a financially responsible manner and to prepare and publish an annual report. The provision for financial reporting is updated, including to require the Board’s financial statements to comply with generally accepted accounting practice. |
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| Section 105(1)(b) | Section 44(2)(a) | The provision empowering the making of regulations about the register is extended. | ||
| Section 105(1)(m) | Section 44(2)(i) | The maximum fine for a breach of regulations is increased from $500 to $1,000. | ||
| Section 110 | Section 40 | The provision about the Registrar giving a certificate as to certain matters is extended to cover a certificate about whether a person held or did not hold an annual practising certificate at any time or during a period. | ||
| Section 111A | Section 44(2)(b) | The Board is given a power to approve forms for use under this Act. This replaces a power to make regulations for that purpose. | ||
| Schedule 4 | The Board becomes an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975. Information held by the Board becomes official information under the Official Information Act 1982. |