Real Estate Agents (Licensing) Amendment Regulations 2014

2014/196

Coat of Arms of New Zealand

Real Estate Agents (Licensing) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of June 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to section 156 of the Real Estate Agents Act 2008, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Real Estate Agents (Licensing) Amendment Regulations 2014.

2 Commencement

  • These regulations come into force on 31 July 2014.

3 Principal regulations
4 Regulation 7 replaced (Advertisement of application for licence)

  • Replace regulation 7 with:

    “7 Manner of advertising of application for licence

    • “(1) For the purpose of section 39 of the Act, an application for a licence must be advertised as follows:

      • “(a) the applicant must advertise the application for at least 14 consecutive days on an Internet site maintained by or on behalf of the Authority; and

      • “(b) the advertising must state—

        • “(i) the applicant’s full name; and

        • “(ii) whether the applicant is an individual or a company; and

        • “(iii) if the applicant is an individual, the applicant’s full address; and

        • “(iv) if the applicant is a company, the full address of the principal place from which it intends to operate; and

        • “(v) whether the applicant intends to apply for a licence under section 38 of the Act as an agent, a branch manager, or a salesperson.

      “(2) The Authority must ensure that the Internet site displays the first date on which an application is advertised on the site.

      “(3) Intermittent failure or unavailability of the Authority’s Internet site does not affect the validity of the advertising.”

5 Regulation 8 amended (Notice of objection)

  • (1) Revoke regulation 8(1)(c).

    (2) Replace regulation 8(2) with:

    • “(2) A notice of objection must be made to the Registrar not later than 14 days after the first date on which the application is advertised on the Authority’s Internet site.”

6 Schedule 2, forms 11 and 12 revoked

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 31 July 2014, amend the Real Estate Agents (Licensing) Regulations 2009 (the principal regulations). In particular, they change the required manner of advertising an application for a real estate licence.

Under the Real Estate Agents Act 2008, a person must advertise an application for a licence as a real estate agent, salesperson, or branch manager. These regulations remove the requirement in the principal regulations for the application to be advertised twice, at an interval of not more than 14 days, in an approved newspaper and in a prescribed form, and replace that with a requirement to advertise the application on the Real Estate Agents Authority’s Internet site, by way of prescribed content, for at least 14 days.

These regulations also consequentially amend the time for objecting to the issue of a licence to an applicant. Under the principal regulations (before amendment), a person has 14 days from the date of the second newspaper advertisement of the licence application to make a notice of objection to the Registrar. These regulations amend the time to 14 days from the first date the application is advertised on the Authority’s Internet site.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 June 2014.

These regulations are administered by the Ministry of Justice.