Regulatory Systems (Occupational Regulation) Amendment Act 2026
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Regulatory Systems (Occupational Regulation) Amendment Act 2026
Public Act |
2026 No 43 |
|
Date of assent |
9 July 2026 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Regulatory Systems (Occupational Regulation) Amendment Act 2026.
2 Commencement
(1)
Part 3 (except section 18) comes into force on 9 March 2027.
(2)
The rest of this Act comes into force on 10 July 2026.
Section 2(1): editorial change made by the PCO, on 24 July 2026, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
Section 2(2): editorial change made by the PCO, on 24 July 2026, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
Part 1 Amendments to Lawyers and Conveyancers Act 2006
3 Principal Act
This Part amends the Lawyers and Conveyancers Act 2006.
4 Section 31 amended (Exceptions to section 30)
Repeal section 31(1).
5 New section 38A inserted (Undertakings given by conveyancing practitioner to be enforceable)
After section 38, insert:
38A Undertakings given by conveyancing practitioner to be enforceable
(1)
An affected person may make an application for summary judgment in relation to an undertaking given by a conveyancing practitioner that has not been carried out.
(2)
The High Court may, if satisfied that the undertaking has not been carried out, make 1 or more orders the court thinks fit to remedy the breach or to put the affected person as near as practicable in the position the person would have been in if the undertaking had been carried out, including (without limitation) the following:
(a)
an order that the conveyancing practitioner do the act or refrain from doing the act:
(b)
an order requiring the conveyancing practitioner to pay to the affected person or to a client of the conveyancing practitioner (or both) who has suffered, or is likely to suffer, loss because the undertaking has not been carried out, compensation for the loss:
(c)
any other order or relief that the court thinks fit in the circumstances.
(3)
In this section,—
affected person, in relation to an undertaking, means—
(a)
the person to whom the undertaking was given; and
(b)
if the person to whom the undertaking was given was acting as the agent of a principal, the principal
undertaking means a promise or guarantee, given by a conveyancing practitioner in the course of carrying on business as a conveyancer, that an act will be done, or will not be done, by the conveyancing practitioner or another person.
6 Section 135 amended (Appropriate complaints service)
In section 135(1), replace “sections 132 and 134, is the complaints service established under section 121(1) by the New Zealand Law Society and the complaint must”
with “sections 132, 134, and 135A, is the complaints service established under section 121(1) by the New Zealand Law Society and the complaint may”
.
7 New section 135A inserted (Complaints service to undertake initial assessment on receipt of complaint)
After section 135, insert:
135A Complaints service to undertake initial assessment on receipt of complaint
On receiving a complaint under section 135(1), the complaints service must undertake an initial assessment of the complaint and, following that assessment, decide whether to—
(a)
refer the complaint to a Lawyers Standards Committee for consideration; or
(b)
take no action, or, as the case requires, no further action on the complaint if the service considers that—
(i)
the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or
(ii)
the subject matter of the complaint is trivial; or
(iii)
the complaint is frivolous or vexatious or is not made in good faith; or
(iv)
the person alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or
(v)
the complainant does not have sufficient personal interest in the subject matter of the complaint; or
(vi)
there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person aggrieved to exercise.
8 New section 272A inserted (Certain persons not providing regulated services)
After section 272, insert:
272A Certain persons not providing regulated services
(1)
This section applies to every member of a Lawyers Standards Committee, an investigator appointed under section 144, and every staff member or officer of the New Zealand Law Society who holds a practising certificate as a lawyer.
(2)
The person is not providing regulated services when performing duties or functions or exercising powers under Part 7 of this Act.
(3)
To avoid doubt, subsection (2) does not prevent a complaint from being laid under this Act against a person to whom this section applies in relation to conduct described in section 7(1)(b)(ii) or 12(c).
9 Schedule 1 amended
In Schedule 1, replace clause 22(5) with:
(5)
A power of attorney given by a practitioner to whom this schedule applies by virtue of section 44(1)(a), (b), or (c) is revoked by operation of law when the practitioner to whose practice it relates commences practice as a co-director or in partnership with any other practitioner (or practitioners).
Consequential amendment to Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008
10 Principal regulations
11 Regulation 9 replaced (Procedure on receipt of complaint)
Replace regulation 9 with:
9 Administrative provisions relating to receipt of complaint
(1)
When a complaint is received, the complaints service must—
(a)
acknowledge receipt of that complaint in writing; and
(b)
as soon as is reasonably practicable, undertake an initial assessment of the complaint and decide how to proceed with the complaint in accordance with section 135A.
(2)
If a complaint is referred to a Standards Committee in accordance with section 135A(a) of the Act, the complaints service must—
(a)
advise the firm to which, or the person or persons to whom, the complaint relates of their right to make a written submission to the Standards Committee; and
(b)
notify the firm to which, or the person or persons to whom, the complaint relates; and
(c)
provide a copy of the complaint to that firm, that person, or those persons.
(3)
If a complaint is referred to a Standards Committee in accordance with section 135A(a) of the Act and it relates to matters that arose during the course of a person’s employment by a lawyer or an incorporated law firm, the complaints service must also provide a copy of the complaint to that lawyer or that incorporated law firm unless, in the opinion of the complaints service, there are special circumstances that make it inappropriate to do so.
Compare: 2006 No 1 s 135(1)
Part 2 Amendments to Prostitution Reform Act 2003
12 Principal Act
This Part amends the Prostitution Reform Act 2003.
13 Section 36 amended (Disqualification from holding certificate)
(1)
Replace section 36(2)(b)(iv) and (v) with:
(iv)
sections 231 to 239 (burglary, robbery, and blackmail):
(v)
sections 243 to 245 (money laundering):
(2)
In section 36(2)(d)(ii), replace “section 12AB, or section 12B”
with “or section 12AB”
.
Part 3 Amendments to Real Estate Agents Act 2008
14 Principal Act
This Part amends the Real Estate Agents Act 2008.
15 Section 4 amended (Interpretation)
(1)
In section 4(1), definition of Authority, delete “Agents”
.
(2)
In section 4(1), insert in its appropriate alphabetical order:
approved form means a form approved and issued under section 156A
16 Part 2 heading amended
In the Part 2 heading, delete “Agents”
.
17 Section 10 amended (Authority established)
In section 10, delete “Agents”
.
18 Section 13 amended (Membership of Authority)
(1)
In section 13(3), delete “and that member must be a lawyer of not less than 7 years’ legal experience”
.
(2)
Replace section 13(4) with:
(4)
The Minister must appoint—
(a)
at least 2 members who are licensees or former licensees:
(b)
at least 1 member who is a lawyer of not less than 7 years’ legal experience.
(3)
Repeal section 13(5).
19 New section 24A and cross-heading inserted
After section 24, insert:
Power to require specified documents
24A Power to require specified documents
(1)
This section applies if the Authority has reasonable grounds to believe that—
(a)
a licensee is contravening, or has contravened, this Act or any regulations or rules made under this Act; or
(b)
a person—
(i)
is carrying out real estate agency work and the person is unlicensed and not exempt from this Act; or
(ii)
is otherwise contravening, or has otherwise contravened, this Act or any regulations or rules made under this Act.
(2)
The Authority may, by written notice, require any person to supply the Authority with any specified document that the Authority reasonably requires for the purpose of investigating whether a contravention referred to in subsection (1) is occurring or has occurred.
(3)
The specified document must be supplied to the Authority within 10 working days after the date on which the notice is given or within any longer time specified in the notice.
(4)
In this section, specified document means a document that—
(a)
is or has been in the possession or control of an organisation, entity, or person that is subject to a requirement under this section; or
(b)
in the course of the organisation’s, entity’s, or person’s business, is or has been in the possession or control of any officer, employee, or person acting on behalf of that organisation, entity, or person.
(5)
Nothing in this section limits or affects the Authority’s powers under section 26.
20 Section 36 amended (Entitlement to licence)
(1)
In section 36(1)(d), replace “has”
with “subject to subsection (4), has”
.
(2)
After section 36(1)(e), insert:
(f)
in the case of an individual whose licence was cancelled under section 54(d) and who is applying for a licence within 12 months of that cancellation, has completed any outstanding continuing education required by practice rules made by the Authority.
(3)
In section 36(2)(d), replace “has”
with “subject to subsection (4), has”
.
(4)
After section 36(2)(d), insert:
(e)
in the case of an individual whose licence was cancelled under section 54(d) and who is applying for a licence within 12 months of that cancellation, has completed any outstanding continuing education required by practice rules made by the Authority.
(5)
After section 36(3), insert:
(4)
For the purposes of this section, the Registrar may exempt an applicant from the requirement in subsection (1)(d) or (2)(d) to have the prescribed qualifications if the applicant has previously been issued with a licence under this Act and the Registrar is satisfied that the applicant can demonstrate sufficient knowledge and experience of real estate agency work.
21 Section 37 amended (Persons prohibited from being licensed)
(1)
In section 37(1)(b), replace “17 to 22,”
with “17, 19 to 21, 21C, 22,”
.
(2)
Replace section 37(1)(d)(i) with:
(i)
whose licence has, within the preceding 5 years, been cancelled under section 54(c), (e), (f), or (g); or
22 Section 38 replaced (Application for licence)
Replace section 38 with:
38 Application for licence
An application for a licence must—
(a)
be made to the Registrar in the approved form and contain the prescribed content (if any); and
(b)
be accompanied by a declaration, made in the form prescribed in the Oaths and Declarations Act 1957, that the person is eligible to obtain a licence by virtue of section 36 and is not prohibited from being licensed under section 37; and
(c)
be accompanied by the prescribed fee (if any).
Compare: 1976 No 9 s 18
23 Section 43 amended (Registrar to license applicant or decline application)
In section 43(2)(b), replace “prescribed form”
with “approved form”
.
24 Section 52 amended (Renewal of licence)
(1)
Replace section 52(1) with:
(1)
An application for renewal of a licence must—
(a)
be made to the Registrar in the approved form, either before the date on which the licence expires or within 12 months after the date on which the licence expires; and
(b)
be accompanied by the prescribed fee (if any).
(2)
Replace section 52(5) with:
(5)
The grant of a renewal of a licence takes effect,—
(a)
in a case where the application for renewal was made before the expiry of the licence, from the date of expiry of the previous licence:
(b)
in a case where the application for renewal was made after the expiry of the previous licence but within 12 months after that expiry, on the date on which the Registrar re-enters the applicant’s name on the register.
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)
who is the holder of an agent’s licence 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; or
(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); or
(k)
in the case of a licensee company, 10 working days after the licensee’s sole agent licence is cancelled under this section, unless a temporary licence holder or a new agent licence holder has been appointed for the licensee company.
26 Section 62 amended (Temporary licence)
(1)
In section 62(2), replace “prescribed form”
with “approved form”
.
(2)
After section 62(2)(d), insert:
(da)
in the case of a licensee company whose sole licence holder is deceased, has been adjudicated bankrupt, or is sick, absent, or otherwise temporarily prevented from carrying on business as a real estate agent, another officer of the company; or
(3)
After section 62(4), insert:
(5)
The Registrar may grant a temporary licence to a person who has applied for permission to carry on or appoint some other person to carry on the licensee’s business if satisfied that the applicant is a fit and proper person to hold the licence.
27 Section 72 replaced (Unsatisfactory conduct)
Replace section 72 with:
72 Unsatisfactory conduct
For the purposes of this Act, a licensee is guilty of unsatisfactory conduct if—
(a)
the licensee carries out real estate agency work that is incompetent or negligent; or
(b)
the licensee’s conduct—
(i)
falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee; or
(ii)
contravenes this Act or any regulations or rules made under this Act; or
(iii)
would reasonably be regarded by agents of good standing as being unacceptable conduct of a licensee.
28 New section 146A inserted (Offence to fail to comply with requirement to supply document under section 24A)
After section 146, insert:
146A Offence to fail to comply with requirement to supply document under section 24A
(1)
A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement to provide a document to the Authority in accordance with a notice given under section 24A.
(2)
Every person who commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $10,000; or
(b)
in the case of a company, to a fine not exceeding $50,000.
29 Subpart 4 heading in Part 6 amended
In Part 6, in the subpart 4 heading, after “Regulations”
, insert “and approved forms”
.
30 Section 156 amended (Regulations)
Replace section 156(1)(c) with:
(c)
prescribing the content (if any) of licence applications required under this Act:
(ca)
prescribing the form, manner, or content of notices or any other documentation or information required under this Act:
31 New section 156A inserted (Authority may approve forms)
After section 156, insert:
156A Authority may approve forms
The Authority may approve forms for the purposes of sections 38(a), 43(2)(b), 52(1)(a), and 62(2).
Consequential amendment to Crown Entities Act 2004
32 Principal Act
Section 33 amends the Crown Entities Act 2004.
33 Schedule 1 amended
In Schedule 1, Part 1, item relating to Real Estate Agents Authority, delete “Agents”
.
Consequential amendments to Real Estate Agents (Licensing) Regulations 2009
34 Principal regulations
35 Regulation 6 revoked (Forms)
Revoke regulation 6.
36 Regulation 15 amended (Applications to which Trans-Tasman Mutual Recognition Act 1997 applies)
In regulation 15(a) and (b), delete “Agents”
.
37 Schedule 2 revoked
Revoke Schedule 2.
Consequential amendments to Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012
38 Principal rules
39 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
40 Rule 3 amended (Scope and objectives)
In rule 3.1, replace “Agents Authority”
with “Authority”
.
41 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
42 Principal notice
Sections 43 to 45 amend the notice that was previously called the Real Estate Agents Authority (Fees and Levies) Notice 2016.
43 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
44 Title of principal notice changed
In clause 1, delete “Agents”
.
45 Clause 3 amended (Fees and levies)
In clause 3(1), delete “Agents”
.
Consequential amendment to Real Estate Agents (Continuing Professional Development Rules) Notice 2018
46 Principal notice
47 Enacting statement amended
In the enacting statement, replace “Agents Authority”
with “Authority”
.
Legislative history
18 December 2024 |
Introduction (Bill 116–1) |
|
18 February 2025 |
First reading and referral to Education and Workforce Committee |
|
21 July 2025 |
Reported from Education and Workforce Committee (Bill 116–2) |
|
30 June 2026 |
Second reading, committee of the whole House, third reading |
|
9 July 2026 |
Royal assent |
This Act is administered by the Ministry of Justice.
Versions
Regulatory Systems (Occupational Regulation) Amendment Act 2026
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