In this Act, unless the context otherwise requires,—
Board means the Real Estate Agents Licensing Board constituted under section 4 of this Act
Branch manager means a person approved by the Board under section 54(2) of this Act to be in effective control of a branch office
Branch manager: this definition was inserted, as from 1 December 1989, by section 4(1) Real Estate Agents Amendment Act 1989 (1989 No 98).
Certificate of approval means a certificate of approval granted under this Act
Council means the Council of the Institute
Court means the Administrative Division of the High Court
Court: the Administrative Division of the High Court was abolished, as from 15 August 1991, by section 3 Judicature Amendment Act 1991 (1991 No 60) and should now be read as a reference to the High Court.
The words “High Court” in this section have been substituted for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Crime involving dishonesty means any crime described in sections 101 to 105, sections 108 to 117, and sections 217 to 266 of the Crimes Act 1961
Crime involving dishonesty: this definition was amended, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “sections 217 to 266” for the words “sections 217 to 292”.
Disciplinary Committee means a Regional Disciplinary Committee established pursuant to the rules of the Institute under section 70 of this Act ; and a reference to the Disciplinary Committee means a reference to all Regional Disciplinary Committees together, or, as the case may require, the particular Regional Disciplinary Committee to which a matter has been referred
Disciplinary Committee: this definition was substituted, as from 10 December 1982, by section 17(2) Real Estate Agents Amendment Act 1982 (1982 No 129).
Effective control, in relation to a place of business of a real estate agent, means to personally supervise, manage, and control the conduct of the real estate agency business at that place, and to work actively and substantially at or from that place
Farm land means land that is used exclusively or principally for agricultural purposes, being purposes which relate to the cultivation of the soil for the production of food products and other useful products of the soil, and the use of the land for horticultural or pastoral purposes, or for the keeping of pigs, bees, or poultry
Fidelity Guarantee Fund or Fund means the Real Estate Agents' Fidelity Guarantee Fund continued under section 71 of this Act
Institute means the Real Estate Institute of New Zealand Incorporated
Land includes all estates and interests, whether freehold or chattel, in real property; and also includes any building and any part of a building; and, in relation to any transaction relating to land that also relates to any goods, chattels, or other property, also includes those goods or chattels and that other property
Licence means a real estate agent's licence granted under this Act; and licensee and licensed have corresponding meanings
Minister means the Minister of Justice
Officer, in relation to a licensee company, means every director, manager, or secretary of the company who, on behalf and in the name of the company, carries on the company's business as a real estate agent; and includes any person, however designated, who is responsible for the management of the company and any person who is responsible for the management of any branch of the company, or (in relation to any company that carries on any other business in addition to its business as a real estate agent) the person responsible for the management of the company's real estate agency business
Permit means a permit granted under this Act
Prescribed means prescribed by regulations made under this Act
Prescribed form means in or on such form as may be prescribed by the Board after consultation with the Institute, or by regulations made under this Act
Qualified person
[Repealed]
Qualified person: this definition was repealed, as from 1 December 1989, by section 4(1) Real Estate Agents Amendment Act 1989 (1989 No 98).
Register means the Register of Real Estate Agents set up and maintained under section 36 of this Act
Registrar means the Registrar of Real Estate Agents appointed under section 35 of this Act
Salesperson means a person who, being employed or engaged (whether under a contract of service or a contract for services) by a real estate agent, works for the agent in selling or otherwise disposing of land or businesses (either with or without any interest in land), purchasing or otherwise acquiring land or businesses (either with or without any interest in land), or leasing or letting land; and—
(a)
Includes an officer of a licensee company who is not eligible to apply for or obtain a licence in his or her own right; but
(b)
Does not include a licensee, or an employee of a licensee whose work is primarily and predominantly clerical:
Salesman: this definition was substituted (by new definition of Salesperson ), as from 23 March 1992, by section 3(1) Real Estate Agents Amendment Act 1992 (1992 No 12).
Stock and station agent means a company that is a member of a Stock and Station Agents' Association for the time being a member of the New Zealand Stock and Station Agents' Association
Unqualified person
[Repealed]
Unqualified person: this definition was repealed, as from 1 December 1989, by section 4(1) Real Estate Agents Amendment Act 1989 (1989 No 98).
Year means a period of 12 months commencing on the 1st day of April.
(2)
In this Act, unless the context otherwise requires, every reference to a real estate agent which by its context relates to an individual shall, with the necessary modifications, apply with respect to a company carrying on business as a real estate agent.
For the purposes of this Act, every person shall be deemed to be a real estate agent who acts, or who holds himself or herself out to the public as ready to act, for reward as an agent in respect of the sale or other disposal of land or of businesses (either with or without any interest in land) or the purchase or other acquisition of land or of businesses (either with or without any interest in land), or in respect of the leasing or letting of land, whether or not that person carries on any other business.
(2)
Notwithstanding subsection (1) of this section, no person shall be deemed to be a real estate agent for the purposes of this Act by reason only of the fact that—
(a)
[Repealed]
(b)
He or she sells or offers to sell any land by auction:
(c)
He or she carries on business or enters into a transaction or series of transactions pursuant to a permit granted to him or her by the Board under section 34 of this Act.
(d)
Being the Landcorp Farming Limited or an employee thereof, he, she or it sells or otherwise deals with any lands of the Crown or any land of a State enterprise within the meaning of the State-Owned Enterprises Act 1986:
(e)
On or before the 31st day of March 1989, being Government Property Services Limited or any subsidiary thereof or in either case an employee thereof, he, she or it acts for reward as agent for the Crown or any State enterprise within the meaning of the State-Owned Enterprises Act 1986 in respect of the sale or other disposal of land or of businesses (either with or without any interest in land) or the purchase or other acquisition of land or of businesses (either with or without any interest in land) or in respect of the leasing or letting of land or in respect of the collection or receipt of rent money:
(f)
On or before the 31st day of March 1990, being Works and Development Services Corporation (NZ) Limited or any subsidiary thereof or in either case an employee thereof, he, she, or it acts for reward as agent for the Crown or a State enterprise within the meaning of the State-Owned Enterprises Act 1986, in respect of—
(i)
The sale or other disposal of land or of businesses (either with or without any interest in land); or
(ii)
The purchase or other acquisition of land or of businesses (either with or without any interest in land); or
(iii)
The leasing or letting of land; or
(iv)
The collection or receipt of rent money.
(3)
Where 2 or more persons carry on business jointly as real estate agents, each of those persons shall be deemed to be a real estate agent.
(4)
For the purposes of this section, the collection or receipt of rent money by—
(a)
A real estate agent or any person employed by that real estate agent; or
(b)
A director, officer, or employee of a company that is a real estate agent; or
(c)
A company in which a real estate agent holds, directly or indirectly, a majority of the shares or control of the voting power—
shall be deemed to be the carrying on of business as a real estate agent.
(5)
Subsection (4) of this section shall not apply in respect of the collection or receipt of rent money by a person on the person's own behalf.
(6)
Notwithstanding anything to the contrary in this Act, any salaried employee of a stock and station agent licensee who is primarily and predominantly employed in stock and station agency work and who also, in the course of that employment, engages in work relating to the business of a real estate agent but only to the extent of effecting introductions to persons interested in selling or purchasing or otherwise disposing of or acquiring or leasing or letting farm land, shall—
(a)
Be deemed not to be a real estate agent or salesman; and
(b)
Be deemed not to be carrying on the business of a real estate agent.
(7)
Despite anything to the contrary in this Act, any person who is—
(a)
a lawyer within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a lawyer; or
(b)
a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a conveyancing practitioner,—
may undertake the work of a real estate agent but, in respect of the sale or other disposal of any land or business, is not entitled to be remunerated for that work by commission in addition to, or instead of, the professional charges of that lawyer or conveyancing practitioner.
(8)
When any person to whom subsection (7) applies is undertaking the work of a real estate agent, that person—
(a)
is deemed not to be doing so as a real estate agent; and
(b)
is not subject to any of the provisions of this Act; but
(c)
is deemed to be acting in his or her capacity—
(i)
as a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or
(ii)
as a person acting under the supervision of a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or
(iii)
as a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; or
(iv)
as a person acting under the supervision of a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; and
(d)
is subject accordingly to the provisions of the Lawyers and Conveyancers Act 2006.
Compare: 1963 No 135 s 3 ; 1968 No 25 s 3
Section 3(2)(a): repealed, on 1 August 2008, by section 340(1) of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Subsection (2)(d) was inserted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
Subsection (2)(d) was amended, as from 12 April 2001, by clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23) by substituting the words “Landcorp Farming Limited” for the words “Land Corporation Limited”.
Subsection (2)(e) was inserted, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117). See section 14(1) Finance Act (No 2) 1988 (1988 No 128) as to the repeal of this paragraph by Order in Council.
Subsection (2)(f) was inserted, as from 1 April 1988, by section 11(1) State-Owned Enterprises Amendment Act 1988 (1988 No 1).
Subsection (5) was amended, as from 23 March 1992, by section 3(6) Real Estate Agents Amendment Act 1992 (1992 No 12) by substituting the words “on the person's” for the words “or company on his or its”.
See section 3(2) to (5) Real Estate Agents Amendment Act 1992 (1992 No 12) for the following amendments, as from 23 March 1992:
“insertion of ‘or herself’ after ‘himself’:” section 3(1).
“insertion of ‘or she’ after ‘He’ and ‘he’”: section 3(2).
“insertion of ‘or her’ after ‘his’”: section 3(2)(a).
“insertion of ‘or her’ after ‘him’”: section 3(2)(c).
Section 3(7): added, on 1 August 2008, by section 340(2) of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Section 3(8): added, on 1 August 2008, by section 340(2) of the Lawyers and Conveyancers Act 2006 (2006 No 1).
There is hereby constituted the Real Estate Agents Licensing Board.
(2)
The Board shall consist of—
(a)
A barrister or solicitor of the High Court of New Zealand, who shall be the Chairperson, appointed by the Minister:
(b)
Two persons appointed by the Minister on the recommendation of the Council:
(c)
Two persons appointed by the Minister, of whom only one shall be a real estate agent who is licensed or eligible to hold a licence.
(3)
Subject to this section, each member of the Board shall hold office for a term of 3 years, and may from time to time be reappointed.
(4)
No member of the Board shall, during his or her term of office, hold any elected office of the Institute.
(5)
Any member of the Board may resign his or her office at any time by written notice given to the Minister.
(6)
Any member of the Board may be removed from office at any time by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
(7)
If any member of the Board dies, resigns, or is removed from office, the vacancy shall be filled in the same manner as the appointment of the vacating member. Every person so appointed shall hold office for the residue of the term for which his or her predecessor was appointed.
(8)
Notwithstanding subsection (3) of this section, unless he or she sooner vacates his or her office or is removed from office under this section, every member shall continue in office until his or her successor is appointed.
(9)
The powers of the Board shall not be affected by any vacancy in its membership.
See section 3(3), (4) and (7) Real Estate Agents Amendment Act 1992 (1992 No 12) for the following amendments, as from 23 March 1992,:—
“substitution of ‘Chairperson’ for ‘Chairman’”: section 4(2)(a).
“insertion of ‘or her’ after ‘His’ and ‘his’”: section 4(4), (5), (7) and (8).
“insertion of ‘or she’ after ‘He’ and ‘he’”: section 4(8).
The words “High Court” have been substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Subsection (6) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office” for the word “disability”.
5-
Deputies of members
(1)
The Minister may, from time to time and at any time, appoint such persons as he or she thinks fit to be deputies to act for members of the Board in any case where—
(a)
A member of the Board is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
(b)
The member is unable to perform those duties for any other reason and the Board resolves that a deputy shall act for him or her.
(1A)
The Minister shall not appoint any person as a deputy who would not be qualified in his or her own right to be appointed to the Board in the place of the member for whom he or she is deputising; and any appointment made under this section may be revoked at any time by the Minister.
(1B)
Notwithstanding that the member of the Board for whom he or she is deputising is again available to perform the duties of office, the deputy of that member shall continue to act as such until the determination of any matter which the deputy has heard or part heard and which has not been determined.
(2)
Any deputy appointed under this section shall, while he or she acts as such, be deemed to be a member of the Board, and any deputy acting for the Chairperson shall have all the powers of the Chairperson.
(3)
No appointment of a deputy and no acts done by him or her as such, and no act done by the Board while any deputy is acting as such, shall in any proceedings be questioned on the grounds that the occasion for his or her appointment or for his or her or it so acting had not arisen or had ceased.
Subsection (1) was substituted and subsections (1A) and (1B) were inserted, as from 10 December 1982, by section 3 Real Estate Agents Amendment Act 1982 (1982 No 129).
See section 3(3) to (5) and (7) Real Estate Agents Amendment Act 1992 (1992 No 12) for the following amendments, as from 23 March 1992,:—
“insertion of ‘or she’ after ‘He’ and ‘he’”: section 5(1A) and (2).
“insertion of ‘or her’ after ‘His’ and ‘his’”: section 5(1), (1A) and (3).
“insertion of ‘or her’ after ‘him’”: section 5(3).
“substitution of ‘Chairperson’ for ‘Chairman’”: section 5(2).
Meetings of the Board shall be held at such times and places as the Chairperson may from time to time appoint.
(2)
The Chairperson of the Board shall preside at all meetings he or she attends, and in his or her absence his or her deputy shall preside.
(3)
Subject to subsection (4) of this section,—
(a)
Three members shall form a quorum:
(b)
Each application before a meeting shall be determined by a majority of the members present:
(c)
The Chairperson or other person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(4)
The presence of every appointed member of the Board or his or her deputy shall be necessary to determine any business arising pursuant to the provisions of Part 7 of this Act (which relate to disciplinary provisions) except for the holding of an inquiry under section 97 of this Act or for an application for an order of interim suspension pursuant to section 98 of this Act.
(5)
Subject to this Act and to any regulations made under it, the Board may regulate its procedure in such manner as it thinks fit.
See section 3(3), (4) and (7) Real Estate Agents Amendment Act 1992 (1992 No 12) for the following amendments, as from 23 March 1992,:—
“insertion of ‘or she’ after ‘He’ and ‘he’”: section 6(2).
“insertion of ‘or her’ after ‘His’ and ‘his’”: section 6(2), (4).
“substitution of ‘Chairperson’ for ‘Chairman’”: section 6(1), (2), (3)(c).
7-
Meetings to be held in public except in certain circumstances
(1)
Except as provided by subsections (2) to (4) of this section, every hearing of the Board shall be in public.
(2)
The Board may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
(3)
Where the Board is satisfied that it is desirable to do so either by reason of the confidential nature of any evidence or matter, or that the interests of any party to the hearing in having the whole or any part of the proceedings conducted in private outweigh the public interest in having the hearing conducted in public, the Board may, of its own motion or on the application of any party to the proceedings, order that the whole or any part of the hearing shall be in private.
(4)
Every application to the Board under subsection (3) of this section shall be heard in private, but the other parties to the proceedings shall be entitled to be present and to make submissions with regard to the application.
(5)
In any case where a hearing of the Board is held in private, the Board may allow any particular person to attend the private hearing if it is satisfied that that person has a special and proper interest in the matter to be heard.
