New Zealand Legislation: Acts

36 Exceptions to sections 32, 33, and 35

• (1) Sections 32, 33, and 35 do not prevent any person from preparing for or on behalf of any other person any tenancy agreement or agreement evidencing a tenancy if—

  • (a) the tenancy is for a term of 12 months or less; and

  • (b) no right of renewal is conferred on the tenant by the agreement.

  (2) Sections 32, 33, and 35 do not prevent any person who holds a current licence under the Real Estate Agents Act 2008—

  • (a) from preparing any agreement for sale and purchase of land or any interest in land or of the goodwill of a business or of chattels; or

  • (b) from giving advice about legal rights and obligations that is incidental to the preparing of an agreement of the kind referred to in paragraph (a).

  (2A) However, subsection (2) does not apply to a person who, under the Real Estate Agents Act 2008, holds a licence as a salesperson unless the person has had at least 6 months experience as such as a licensee.

  (3) Sections 32, 33, and 35 do not prevent a patent attorney from drawing, preparing, or reviewing—

  • (a) those provisions of any conveyance, deed, or agreement that relate to intellectual property rights; or

  • (b) any conveyance, deed, or agreement by which only intellectual property rights are assigned.

  (4) A person does not commit an offence against any provision of sections 32, 33, and 35 by reason only of preparing, on behalf of any other person, any conveyance, deed, or agreement that is prepared by filling in a printed form if—

  • (a) the printed form is either—

    • (i) a prescribed form; or

    • (ii) a form prepared by a person who, at the time when it was prepared, was an authorised person within the meaning of section 35(2); and

  • (b) it is reasonable to expect that the form could be properly completed by persons who were not authorised persons within the meaning of section 35(2); and

  • (c) no charge is made, directly or indirectly, for the filling in of the form or any service in relation to the filling in of the form.

  (5) Section 35 does not prevent a statutory officer or Crown organisation, or any employee of a statutory officer or Crown organisation,—

  • (a) from discharging any of his, her, or its duties, or exercising any of his, her, or its powers, under any enactment; or

  • (b) from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer or Crown organisation by any enactment.

  Compare: 1982 No 123 s 65(1)(c), (2)(a), (c)

  Section 36(2): amended, on 16 November 2009, by section 173 of the Real Estate Agents Act 2008 (2008 No 66).

  Section 36(2A): inserted, on 16 November 2009, by section 173 of the Real Estate Agents Act 2008 (2008 No 66).