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In The Know

07 September 2018

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REINZ announces changes to its Board

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The Real Estate Institute of New Zealand (REINZ) has today announced that Independent Directors Dame Rosanne Meo and Mr David McConnell will both be retiring from its Board in November.

REINZ Appointment Panel Member Mr Peter Thompson says: “Dame Rosanne Meo has worked tirelessly for the Institute as Chair of the REINZ Board for 8 years. Dame Rosanne has completed her maximum number of terms under our constitution and so it is with sadness that she must now depart REINZ. Dame Rosanne’s leadership and significant contribution to both the Institute and industry over this period has been invaluable and she will be greatly missed. Her breadth of commercial knowledge and experience has helped REINZ to navigate significant industry changes over the past 8 years and has placed the Institute in good stead to deal with future challenges. Dame Rosanne leaves as her legacy a very strong Institute, with an exceptional executive team and Board to take REINZ forward”.

REINZ Chair, Dame Rosanne Meo says of Mr McConnell: “David has been with the Board for 12 months and has made an enormous contribution to REINZ during this time. The guidance and insights he provided, particularly as a member of the REINZ Audit & Risk Committee, have been extremely valuable. On behalf of the Board, I thank David for his significant contribution and wish him all the best with his next endeavours”.

In order to fill the vacant positions, the REINZ Appointment Panel, made up of industry and independent representatives, has appointed two new Independent Directors to the REINZ Board – Ms Bridget Coates and Ms Angela Bull.

Bridget Coates has significant governance experience across a diverse range of Boards. Bridget’s current governance positions include being a Director of Tegel Group Holdings, the Chairperson and CEO of Kura Nutrition and White Cloud Dairy Innovation Limited, and a member of the Advisory Board for University of Auckland Business School. Bridget has just completed a term as Director of the Reserve Bank of New Zealand and was previously a Director of New Zealand Superannuation Fund, Sky City Holdings Ltd and Fisher and Paykel Appliances. In 2014 Bridget was awarded a New Zealand Order of Merit for her services to business.

Angela Bull is the Chief Executive of Tramco Group, a property investment company that includes significant large-scale land holdings, including the Viaduct Harbour precinct. Prior to this, Angela was General Manager Property Development at Foodstuffs North Island for 8 years. Angela is also an Independent Director and Deputy Chair of the NZ Institute of Economic Research and is a Director of Metro Performance Glass. Angela is also a qualified lawyer.

Dame Rosanne Meo says: “We are delighted to have two directors who bring so much experience to the Board room table and I look forward to working with them closely over the coming months, before I depart REINZ at the end of November”.

Regional Directors

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These announcements come at the same time REINZ has announced that incumbent Director Mr Jim Davis has been re-elected Regional Director for Region 4 (Nelson, Marlborough, Canterbury, West Coast). Jim will continue with the REINZ Board until April 2019, at which point he will be leaving New Zealand to pursue overseas travel with his wife. A bi-election will be held for Jim’s replacement early next year.

Mr Neville Falconer will also join REINZ in November as the new Director of Region 2 (Waikato, Bay of Plenty, Gisborne), in place of retiring Region 2 Director Mr Philip Searle.

Dame Rosanne comments: “Philip has completed his maximum number of years as a Director under the REINZ Rules and is therefore retiring as a director of REINZ. Philip’s dedication to the Institute and his region over the past 8 years has been unwavering. Without his dedication, we would not have the strong Institute we have today.

“While Philip will be greatly missed, we are privileged that Mr Neville Falconer will be picking up the mantel for Region 2 when Philip retires. Throughout my discussions with Neville, I have been hugely impressed with his commitment to both the industry and REINZ,” concludes Meo.

Digital Signing Available Soon

Really pleased that REINZ will be launching our new digital signing and negotiation platform to members in the next 1-2 months. Utilising Docusign for its security and reliability, and combining it with editable online documentation, this new exciting tool will allow forms to be edited directly by your clients and customers.

The digital team at REINZ has been working with agents and business owners in innovation workshops and testing environments to help ensure that the platform is user friendly and meets the requirements of the industry. Thanks to all involved and we look forward to launching soon.

Non-Verifiable Education

TOM PANOS WORKSHOP - only 15 seats remaining!
Friday 21 September

Managing Sellers in a Buyers Market to get their properties SOLD!
Wednesday 26 September
Struggling with listings? Working with unrealistic vendors that just won’t meet the market? REINZ invites multi award-winning realtor Paul Vujnovich to present on this hot topic.


Verifiable Training

Auckland Verifiable Training - Already 85% sold!
Wednesday 19 and Thursday 20 September
Registration deadline Wednesday 12 September - a $50 per person late fee will apply after this date.


Region Dates Location  
September
Auckland 2 19 - 20 REINZ Centre of Excellence Book Now
October
Christchurch 2 17 - 18 The Atrium Book Now

Upcoming Events

Women's Breakfast
Thursday 27 September, 7.30am - 10.00am
Join us for our 3rd annual Women’s Breakfast hosted by Dame Rosanne Meo in her final year as REINZ Chairman and showcasing some inspiring guest speakers! This year our breakfast will be hosted at the Top of the Town, Pullman Auckland Hotel.
Check out the poster

2018 Australasian Auctioneering Championships
Sunday 14 October - Tuesday 16 October
The Australasian Championships is an annual event representing the most skilled and professional auctioneers that Australia and New Zealand has to offer.
The Championships are conducted by both the Real Estate Institute of New Zealand (REINZ) and the Real Estate Institute of Australia (REIA). REINZ is proud to be hosting this year’s event in Auckland at the Q Theatre.

2018 REINZ Golf Tournament
Monday 29 October
Entry includes green fees, prize table, first drink and after match platters. Get in quick - this tournament sold out prior to closing last year! Thank you to our sponsors Skills and Ingham Prestige Mercedes-Benz.
This event is open to REINZ Members, partners and clients registrations close on Friday 19th October (unless sold prior). Registration will be open on the day from 10:30am with the Matte Black Restaurant open for Morning Tea, Lunch and Coffee.


September
Women's Breakfast 27 September 7.30am - 10am Pullman Hotel, Auckland
October
Australasian Auctioneering Championships Draw 14 October 6pm - 7.30pm REINZ Centre of Excellence, Auckland
Australasian Auctioneering Championships Heats 15 October 10am - 5pm Q Theatre, Auckland
Australasian Auctioneering Championships Senior Finals 16 October 10am - 5pm Q Theatre, Auckland
Australasian Auctioneering Championships Gala Dinner 16 October 6.30pm - 10.30pm The Maritime Room, Auckland
2018 REINZ Golf Tournament 29 October 10.30am - 5pm Hamilton Golf Club, Hamilton

Discussion document on proposed Healthier Homes standards release

On Tuesday, the Minister of Housing and Urban Development released a discussion document on proposed standards to create warmer, drier rental homes (the healthy homes standards), following the passing of the Healthy Homes Guarantee Act in December 2017. A copy of the discussion document and a summary of the proposed standards are available online.

The healthy homes standards will set minimum requirements for rental homes on:

  • Heating: where should heating devices be located, what indoor temperature should heating devices be able to achieve, should landlords only provide fixed heating where portable heating devices are insufficient to achieve the required indoor temperature, and should some heating devices not be acceptable?
  • Insulation: what is an appropriate level of insulation, and how should the condition of insulation be assessed?
  • Ventilation: what is the appropriate level of ventilation to ensure adequate airflow in areas of high moisture?
  • Moisture ingress and drainage: are existing laws sufficient to protect against moisture and inadequate drainage, or could regulations better protect against moisture entering the home?
  • Draught stopping: what appropriate measures should landlords take to stop draughts?

Please provide your views on the above to Lisa Gerrard by 5 October 2018 so that we may incorporate your voice into our submissions on this issue.


Case Update: Tenant successfully sets-off rent arrears with unconsented property claim

Facts: The Tenant’s complaint was threefold. First, the Tenant had advised the Landlord that the Landlord needed to register with WINZ who would be paying rent and bond. The Landlord failed to do so. The Tenant was under the impression he could not move in until rent was paid by WINZ. As a result, the Tenant moved in four days late. Shortly after this the Landlord issued a 14-day notice despite knowing why the rent had not been paid. Secondly, the Tenant complained about the general state of the Property at the commencement of the tenancy. Notably, a tree was growing through the washing line and a kitchen cupboard was off its hinges. Finally, the Tenant sought to recover all rent paid over the course of the tenancy after discovering the Property was not consented as a residential dwelling. It was not contested that the Tenant owed the Landlord six-weeks’ rent.

Decision: The Tenancy Tribunal found that the first four days of rent should be returned to the Tenant. The Tribunal also awarded compensation for the unnecessary 14-day notice. Together, this totalled $300. The Tribunal also awarded $250 in relation to the overgrown tree and kitchen cupboard.

Relying on Parbhu v Patel v Want [2018] NZHC 2079 the Tribunal held that properties that lack a residential consent are not subject to the prohibited transaction provision of the Residential Tenancies Act 1986 and could not be clawed back. However, the Tenant was eligible for compensation as a result of the breach. In this case the Tribunal found that, but for the lack of a consent, the tenancy would have been renewed and the Tenant would not have incurred the expense and inconvenience of moving. $900 was awarded conveniently bringing the total amount owing to the equivalent of the six-weeks’ rent owing by the Tenant.

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.


REINZ and Real-iQ deliver the NZ Certificate in Property Management

Lift your professionalism and standards and prepare yourself now for the potential industry regulation.
Click here for more information.

Case Update: Licensee who failed to complete GST information guilty of unsatisfactory conduct

Facts: The Licensee was marketing the Vendor’s property which had been used as a motel. An offer of $682,000 was made and this was expressed as inclusive of GST. The Vendor accepted the offer. The offer was only for the Property; it did not include the business. The Licensee indicated on the front page of the agreement that the Vendor was GST registered but failed to fill in the details on relevant schedule.

Decision: The Complaints Assessment Committee found that the Licensee’s actions fell short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee. It was unsatisfactory conduct.

The Committee found that the Licensee had sufficient information about the Property’s use at the time and therefore should have been aware of the potential GST implications. The Licensee’s excuse that he was aware that the business was registered for GST but not for the purposes of this transaction did not find favour. It did not explain why the Licensee had indicated that the Vendor was registered for GST but had failed to fill in the details in the relevant schedule. The Committee was not convinced that the Licensee had failed to advise the Vendor to seek independent advice on his GST liability. The Committee favoured the evidence of the Licensee who said that he asked the Vendor if he wanted to take the agreement to his solicitor or accountant.

Click here for the decision.

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 Steps up to Steptember

We are committed to taking 10,000 steps each, per day for the month of Steptember, in the bid to raise money for The Cerebral Palsy Society.

If you want to show your support, you can donate to our organisation's Steptember account here. Every dollar counts in helping enhance the lives of people with cerebral palsy in New Zealand by providing programmes, support and advice. Any support is appreciated.

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.