Real Estate Agents Act 1976

  • repealed
  • See Versions and amendments
  • Real Estate Agents Act 1976: repealed, on 16 November 2009, by section 157 of the Real Estate Agents Act 2008 (2008 No 66).
2 Interpretation
  • (1) 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.

    Compare: 1963 No 135 s 2 ; 1968 No 25 s 2