Trans Tasman Mutual Recognition Act 1976
17 November 2009
The Real Estate Agents Licensing Board is no longer the licensing body for the Real Estate Industry. The Real Estate Agents Act 1976 is replaced by the Real Estate Agents Act 2008.
All applications and enquiries should now be made to the Real Estate Agents Authority ["REAA"] You can contact the REAA on 0800367732 or www.reaa.govt.nz
The information on this site is being retained for historical purposes only and should in no way be treated as the current requirments for licensing
What Is Trans-Tasman Mutual Recognition?
Trans-Tasman mutual recognition aims to ensure easy mobility of labour between Australia and New Zealand.
The Trans-Tasman Mutual Recognition Act 1997 (“the Act”) provides that any person who is legally registered to perform a particular occupation in any Australian State or Territory can obtain registration in New Zealand to perform the equivalent occupation - without having to meet the local registration or licensing requirements.
Who Is Eligible To Apply?
To be eligible, under the principles of Trans-Tasman mutual recognition, to apply for a New Zealand real estate agent’s licence, branch manager or real estate salesperson’s certificate of approval, you must hold a current equivalent licence/certificate in any Australian State or Territory. That is, you must be registered to perform an occupation that is substantially the same as that of a New Zealand real estate agent, branch manager or real estate salesperson.
Which licences are equivalent to a New Zealand Real Estate Agent’s Licence, Branch Manager or Real Estate Salesperson’s Certificate of Approval?
The Board considers that the following licences/certificates are equivalent to:
(a) A New Zealand real estate agent’s licence:-
| ACT | Real estate agent |
| ACT | Registered real estate agent |
| NT | Real estate agent |
| NT | Real estate & business agent |
| QLD | Real estate agent |
| SA | Agent |
| TAS | Real estate agent |
| TAS | Real estate manager |
| VIC | Real estate agent |
| VIC | Officer in effective control |
| WA | Real estate agent |
(b) A New Zealand branch manager’s certificate of approval:-
QLD Real estate manager
(c) A New Zealand real estate salesperson’s certificate of approval:-
| NT | Agent’s representative |
| QLD | Real estate salesperson |
| TAS | Real estate sales consultant |
| WA | Agent’s representative |
The Board considers that the following licences/certificates are not equivalent to those held in New Zealand:
| NSW | Real estate agent |
| NSW | Certificate of registration - real estate salesperson |
A lack of equivalency in the occupation carried on by real estate licensees and salespeople registered in New South Wales, and the occupation carried on by licensees and salespeople in New Zealand has been identified.
From 1 November 2008, applications made for the recognition of a New South Wales licence or sales certificate pursuant to the Trans-Tasman Mutual Recognition Act 1997 will be postponed by the Real Estate Agents Licensing Board for a period of up to six months. This postponement is to allow further New Zealand course study to be completed in order that equivalency of occupation can be achieved.
http://www.reinz.org.nz/reinz/public/education/ttmr.cfm
Who Do I Apply To?
The Real Estate Agents Licensing Board (“the Board”) is the New Zealand real estate licensing authority.
The Board’s address is:
Real Estate Agents Licensing Board
29 Gillies Avenue
Newmarket
Auckland
PO Box 99-881
Newmarket
Auckland 1149
New Zealand
| Telephone: | 00 11 64 9 520-6949 |
| Facsimile: | 00 11 64 9 520-6995 |
How Do I Apply?
You are required under section 19 of the Act to notify the Board that you are seeking a New Zealand licence/certificate and to provide specified documents and information to establish your eligibility.
To assist you to make your application the Board has prepared an application form which sets out the information that you must provide.
What Happens Next?
Once you have lodged your application the Board has one month to verify the information and documentation you have provided and to decide whether you have met the eligibility requirements laid down under the legislation.
Within one month the Board will inform you that it intends to grant or postpone or refuse to grant you a licence/certificate.
The Board may refuse or postpone the grant of a licence/certificate where information or documentary evidence as to existing registration is false or misleading or where the licence/certificate sought is not for an equivalent occupation. The Board can postpone the grant of a licence/certificate for up to 6 months.
The Board may attach conditions, limitations or restrictions to your New Zealand licence/certificate because your Australian licence/certificate is restricted in ways that a New Zealand licence/certificate is not. The conditions will make your New Zealand licence/certificate equivalent to your Australian licence/certificate.
Am I Subject To New Zealand Law?
From the time you begin to practise you become subject to the laws of New Zealand and must comply with all of the requirements of the Real Estate Agents Act 1976 and Regulations and also to the Rules of the Real Estate Institute of New Zealand Incorporated.
It is your responsibility to ensure that you understand New Zealand law and comply with it.
There are a number of courses and publications that will assist you to acquire knowledge of New Zealand real estate law and practice and the Real Estate Institute of New Zealand Incorporated will provide you with information on these.
If you fail to comply with the requirements of the Real Estate Agents Act 1976 and Regulations and/or to the Rules of the Real Estate Institute of New Zealand Incorporated you will be subject to the same disciplinary provisions as New Zealand real estate agents/salespersons.
Can I Appeal Against The Board’s Decision?
If you are dissatisfied with the outcome of your application you may appeal to the Trans-Tasman Occupations Tribunal for a review of the Board’s decision.
Do I Have To Continue To Renew My Australian Licence/Certificate?
No. Once you are registered in New Zealand you may allow your Australian licence/certificate to lapse if you do not intend to continue to practise in Australia. Your New Zealand licence/certificate will not be affected in any way if you do not renew your Australian licence/certificate. Following registration your New Zealand licence/certificate will need to be renewed annually.
What Happens If My Australian Licence/Certificate Is Cancelled Or Suspended?
If your licence/certificate is cancelled or suspended on disciplinary grounds in any State or Territory all of your equivalent licences/certificates are also cancelled or suspended. Also, if your licence/certificate in any State or Territory is later subject to any conditions resulting from disciplinary action, all of your equivalent licences are affected in the same way.