2019 Verifiable Training - we need your feedback

Find out about proposed changes to verifiable training from January 2019 in this video.

If you could then take 2 mins to complete this survey so we can meet your training needs, that would be appreciated.

Verifiable Training

Napier Verifiable Training
Wednesday 22 and Thursday 23 August
Registration deadline Monday 13 August - a $50 per person late fee will apply after this date.

Tauranga Verifiable Training
Wednesday 5 and Thursday 6 September
Registration deadline Monday 27 August - a $50 per person late fee will apply after this date.

Non-Verifiable Training

C&I Building Legislation Workshop
Friday 10 August
In this 2-hour workshop you’ll discuss owner responsibility around safety (asbestos, fire egress, WoFs), obtaining approvals (consents, certificates), new & old building work, triggers for upgrades and more. Linked up to 3 case studies, this is a must-see!

Understanding Certificates of Title and LIMs: Staying safe with the REA
Tuesday 14 August
Graham Crews presents this 2-hour workshop, covering off areas such as reviewing essential documentation, understanding disclosure obligations and understanding the detail around certificates of title and LIM reports.
The workshop will be followed by networking drinks.

Tom Panos Workshop postponed
Due to personal circumstances, Tom has had to reschedule this event. We will advise the new date in the next couple of weeks.
If you have tickets for this event and have not yet received an email regarding the change, please email Lisa Stern

Regional Meetings

Whangarei Regional Meeting
Thursday 9 August, 10.30am - 12.30pm
Join Dame Rosanne Meo in her final year as Chairman and Wendy Alexander, Regional Director to hear Lisa Gerrard speak about what’s happening at REINZ and share the latest data for the Whangarei region. Plus hear from a guest speaker from the Hundertwasser Art Centre development.

2018 REINZ Awards for Excellence

Due to high demand, the deadline for entries has been extended until 5pm, Tuesday 7 August.
CLICK HERE TO ENTER NOW

2018 REINZ Awards for Excellence Gala Dinner Tuesday 28 August, 6pm - 10pm
Buy Gala Dinner Tickets or 5 Ticket discount package or 10 Ticket discount package
Download the invitation

Case Update: Asbestos testing and early termination of fixed term tenancy

Facts: The parties had a fixed term tenancy. The tenants moved out about 8 months before the fixed term tenancy is due to end.

The tenants were concerned that the condition of the house (asbestos ceilings and leaks) was contributing to their young son’s asthma. They asserted the landlord had agreed to an early termination if they give 14 days’ notice and give half of the bond to the landlord.

The landlord disputed the tenant’s assertions and claimed they discussed early termination as a concept only, and no details were confirmed.

The Tribunal was provided with texts exchanged between the parties. The texts indicated discussions about early termination took place, but the landlord had retracted when he found out the tenants had lodged an application against him in the Tenancy Tribunal.

Decision: The tenants were largely successful in their claim.

A fixed term tenancy can only be ended early by a Tribunal order, or the parties’ agreement. The Tribunal was satisfied with the evidence that there was an agreement whereby the tenancy could be terminated early, provided the tenants give 14 days’ notice and half the bond to the landlord. The Tribunal found the landlord could not then renege this agreement.

The ceiling was of a type that might contain asbestos. The tenants asked the landlord to have it tested. The landlord refused, so the tenant had it tested at their cost, and claimed the testing costs in the Tribunal. The certificate of analysis did not state whether the ceiling contains asbestos, but did state the fibre level was not significantly above that of the background levels. The Tribunal concluded there was no evidence the landlord failed to comply with his obligations under section 45 of the Residential Tenancies Act (RTA). Section 45 requires landlords to comply with all requirements in respect of buildings, and health and safety under any enactment, so far as they apply to the premises.

The Tribunal’s finding that the landlord had not breached section 45 of the RTA is surprising, given the Health and Safety at Work (Asbestos) Regulations and the fact that the ceiling is of a type that might contain asbestos. In particular, Regulation 10 requires PCBU’s (this includes landlords and property managers), who know or ought to reasonably know that there is a risk of asbestos exposure in the premises, to ensure so far as is reasonably practicable, that the asbestos is identified. Under this context, it appears that the landlord had a responsibility to test the ceiling for asbestos, if it is of a type that might contain the material.

REINZ recommends property managers and landlords read WorkSafe’s policy clarification on asbestos here.

Click here for the decision.

Disclaimer: The information in these case summaries is for general informational purposes only and may only discuss some, not all, aspects of a case. It does not constitute legal or other professional advice and does not replace your company’s internal policies and guidelines. Always check your company’s guidelines, policies and information first and seek legal advice if you have any queries.

New REINZ Resource: Use and disclosure of sales information

Our latest Information Sheet covers a number of issues that we frequently get asked, including:

• Under what circumstances can you publish, or tell prospective buyers, about the sale price of a property?
• Can you use REINZ statistics to compile "neighbourhood market reports" that identify the sale price, address and other details about recently sold properties in the suburb?

The short answer to the second question is “no”, and REINZ will continue to investigate and enforce breaches strictly.

It is increasingly important to think about privacy implications in an age where data containing other people’s personal information has become a valuable commodity.

Proposed privacy law reforms will also introduce new ways to enforce privacy breaches. We feature more information on these reforms below.

Click here for more advisory resources from REINZ.

Privacy Bill introduces higher fines and stronger enforcement measures for privacy breaches

The Privacy Bill was introduced in March 2018 and is currently undergoing the parliamentary process. It is not yet law.

Key features of the Bill, which are likely to have the most impact on businesses in the real estate sector, include:

• Mandatory reporting of privacy breaches – agencies will be required to notify the Privacy Commissioner as soon as practicable after becoming aware of a “notifiable” privacy breach (a breach that caused or may cause harm to an individual);
• Stronger investigative and enforcement powers to the Privacy Commissioner – the Privacy Commissioner will be able to issue compliance notices to agencies, make binding decisions that require agencies to allow an individual access to their personal information, and increase penalties for non-compliance by agencies;
• Stronger cross-border data flow protection – agencies will need to take reasonable steps to ensure that personal information sent/disclosed overseas are subject to acceptable privacy standards. Generally, personal information will not be able to be disclosed to overseas persons, unless certain exceptions are met. “Overseas person” in this context means a person outside New Zealand, who is not subject to New Zealand privacy laws.

REINZ will keep a watch on the progress of the Privacy Bill and advise of updates here.

In the meantime, to be prepared for the upcoming reforms, it is a good idea for agencies to start developing a culture of privacy awareness in your office, including developing a privacy policy and providing appropriate training for staff.

It is also a good time to familiarise yourselves with the existing information protection principles in the current Privacy Act, which the proposed privacy reforms are expected to retain.

The above is intended for general information only and does not constitute legal advice and does not replace your agency’s internal policies and guidelines. Always check your agency’s guidelines, policies and information first and seek legal advice if you have any queries.

REINZ Enhanced Statistics Portal Training

Join us for a face-to-face training session on the Enhanced Statistics Portal on Thursday 16 August, 11am - 12pm.

This is a free session, but registrations are required to secure your spot - Register here.

REINZ Million Dollar Price Report

REINZ yesterday released its biannual Million Dollar Price report, which showed that the number of million-dollar plus properties sold around New Zealand in the first half of 2018 increased by 4.2% when compared to the first half of 2017.

Read more about the report here.

REINZ works in partnership with NetYourJob recruitment to provide maximum industry coverage when you’re looking for real estate staff. NetYourJob can provide REINZ Members with competitive marketing rates for job advertising. Contact NetYourJob on 0800 638 968 to find out more or click here to view new jobs this week.