Regulatory Systems (Occupational Regulation) Amendment Bill - Amendment paper No 636
Regulatory Systems (Occupational Regulation) Amendment Bill - Amendment paper No 636
Checking for alerts... Loading...
Regulatory Systems (Occupational Regulation) Amendment Bill - Amendment paper No 636
No 636
House of Representatives
Amendment Paper
Regulatory Systems (Occupational Regulation) Amendment Bill
Proposed amendments
Hon Nicole McKee, in Committee, to move the following amendments:
Clause 21
In clause 21, insert as subclause (1) (page 9, after line 4):
(1)
In section 37(1)(b), replace “17 to 22,”
with “17, 19 to 21, 21C, 22,”
.
Clause 25
Replace clause 25 (page 10, lines 1 to 9) with:
25 Section 54 amended (Cancellation of licence)
After section 54(h), insert:
(i)
if, during the term of the licence, the person—
(i)
is convicted, whether in New Zealand or another country, of a crime involving dishonesty (or of a crime that, if committed in New Zealand, would be a crime involving dishonesty):
(ii)
is convicted of an offence under any of sections 12A, 14, 17, 19 to 21, 21C, 22, or 24 of the Fair Trading Act 1986:
(iii)
becomes subject to an order made, or a notice given, under the law of a country, State, or territory outside New Zealand that prohibits the person from acting as an agent, branch manager, or salesperson (or equivalent) in that country, State, or territory, unless the person satisfies the Authority that the person is a fit and proper person to hold a licence:
(iv)
is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated body under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:
(v)
is adjudicated bankrupt or becomes subject to subpart 4 of Part 5 of the Insolvency Act 2006:
(vi)
becomes a person described in section 7(1) who is subject to the provisions of the Lawyers and Conveyancers Act 2006:
(j)
in the case of a company, or other corporate entity or partnership, if, during the term of the licence, a person concerned in its management is convicted, whether in New Zealand or another country, of a crime involving dishonesty (or of a crime that, if committed in New Zealand, would be a crime involving dishonesty).
Clause 34
In clause 34, replace “and 36”
(page 12, line 3) with “to 36”
.
New clause 35A
After clause 35 (page 12, after line 6), insert:
35A Regulation 15 amended (Applications to which Trans-Tasman Mutual Recognition Act 1997 applies)
In regulation 15(a) and (b), delete “Agents”
.
New clauses 37 to 46 and cross-headings
After clause 36 (page 12, after line 8), insert:
Consequential amendments to Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012
37 Principal rules
Sections 38 to 40 amend the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.
38 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
39 Rule 3 amended (Scope and objectives)
In rule 3.1, replace “Agents Authority”
with “Authority”
.
40 Rule 4 amended
In rule 4.1, definition of regulations, replace “pursuant to”
with “under”
.
Consequential amendments to Real Estate Agents Authority (Fees and Levies) Notice 2016
41 Principal notice
Sections 42 to 44 amend the notice that was previously called the Real Estate Agents Authority (Fees and Levies) Notice 2016.
42 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
43 Title of principal notice changed
In clause 1, delete “Agents”
.
44 Clause 3 amended (Fees and levies)
In clause 3(1), delete “Agents”
.
Consequential amendment to Real Estate Agents (Continuing Professional Development Rules) Notice 2018
45 Principal notice
Section 46 amends the Real Estate Agents (Continuing Professional Development Rules) Notice 2018.
46 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
Explanatory note
This Amendment Paper amends Part 3 of the Regulatory Systems (Occupational Regulation) Amendment Bill, which amends the Real Estate Agents Act 2008.
The Amendment Paper—
updates clause 21 (which amends section 37) to align with new section 54(i)(ii):
replaces clause 25 to adjust the amendments to section 54, which insert additional grounds for cancelling an agent’s, branch manager’s, or salesperson’s licence. The amendments reposition the additional grounds at the end of section 54 and make more explicit the grounds for cancelling a person’s licence during the term of the licence (which mirror the disqualifications from holding a licence in section 37):
inserts new clauses 35A and 37 to 46, which amend secondary legislation made by the Real Estate Agents Authority (the Authority). The amendments update the secondary legislation to reflect the renaming of the Authority as the Real Estate Authority and to make other minor drafting changes.
Departmental disclosure statement
The Ministry of Justice considers that a departmental disclosure statement is not required to be prepared for this Amendment Paper.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Regulatory Systems (Occupational Regulation) Amendment Bill - Amendment paper No 636
RSS feed link copied, you can now paste this link into your feed reader.