New Zealand Legislation: Bills
Bills are proposed Acts
In this Act, unless the context otherwise requires,—
agency agreement means an agreement under which an agent is authorised to undertake real estate agency work for a client in respect of a transaction
agent means a real estate agent licensed who holds, or is deemed to hold, a current licence as an agent under this Act
Authority means the Real Estate Agents Authority established by section 14
branch manager means a person who holds, or is deemed to hold, a current licence as a branch manager under this Act
client means the person for whom on whose behalf an agent carries out real estate agency work
company means a company within the meaning of the Companies Act 1993, and includes a building society within the meaning of the Building Societies Act 1965, and a limited partnership registered under the Limited Partnerships Act 2008
contractual document, in relation to a transaction, means a document that contains or records an agreement or a proposed agreement to enter into or effect the transaction, and includes a document that contains or records an offer that, on its acceptance, gives rise to such an agreement
commission means remuneration by way of commission, fee, gain, or reward for services provided by an agent under an agency agreement in respect of a transaction
Complaints Assessment Committee or Committee means the a Complaints Assessment Committee established under section 74
crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961
Disciplinary Tribunal or Tribunal means the Disciplinary Tribunal established under section 97
expenses means any sum or reimbursement for expenses or charges incurred in connection with services provided by an agent in the capacity of agent
former licensee means a person who was, but is no longer, a licensee, and includes a person who was a real estate agent, branch manager, or salesperson under the Real Estate Agents Act 1976
land includes all estates and interests, whether freehold or chattel, in real property, and includes any building and any part of a building, and any licence that is registrable under the Land Transfer Act 1952, and any occupation right agreement within the meaning of the Retirement Villages Act 2003; 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
lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006
licence means a licence granted under this Act to act as an agent, branch manager, or salesperson
licensee means a person licensed under this Act as an agent, branch manager, or salesperson
Minister means the Minister who is for the time being responsible for the administration of this Act
officer, in relation to a licensee that is a company,—
(a) 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
(b) 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 work
real estate agency work or agency work—
(a) means any work done or services provided, in trade, for or on behalf of another person in respect of for the purpose of bringing about a transaction; and
(b) includes any work done by a branch manager or salesperson under the direction of, or on behalf of an agent to enable an the agent to do the work or provide the services described in paragraph (a); but
(c) does not include—
(i) the provision of general advice or materials to assist owners to locate and negotiate with potential buyers; or
(ii) the publication of newspapers, journals, magazines, or websites that include advertisements for the sale or other disposal of any land or business; or
(iii) the broadcasting of television or radio programmes that include advertisements for the sale or other disposal of any land or business; or
(iv) the lending of money on mortgage or otherwise; or
(v) the provision of investment advice; or
register means the register required to be established by the Registrar under section 62
residential property means any property used, or intended to be used, exclusively or principally for residential purposes
salesperson means a person who holds, or is deemed to hold, a current licence as a salesperson under this Act
sole agency agreement means an agreement between an agent and a client in which the client agrees to either or both of the following: not to instruct any other agent to act for the client in respect of the transaction to which the agreement relates
(a) not to instruct any other agent to act for the client in respect of the transaction to which the agreement relates:
(b) to pay a commission or other reward to the agent in circumstances in which the transaction is not effected by the agent
transaction means anything done to bring about any 1 or more of the following:
(a) the sale, purchase, or other disposal or acquisition of a freehold estate or interest in land:
(b) the grant, sale, purchase, or other disposal or acquisition of a leasehold estate or interest in land (other than a tenancy to which the Residential Tenancies Act 1986 applies):
(ba) the grant, sale, purchase, or other disposal or acquisition of a licence that is registrable under the Land Transfer Act 1952:
(bb) the grant, sale, purchase, or other disposal or acquisition of an occupation right agreement within the meaning of the Retirement Villages Act 2003:
(c) the sale, purchase, or other disposal or acquisition of any business (either with or without any interest in land).