2018 Australasian Auctioneering Championships
REINZ is excited to announce that the 2018 Australasian Auctioneering Championships is returning to New Zealand shores from October 14 to 16 at Auckland’s Q Theatre and The Maritime Room.
Head to our newly launched Australasian Auctioneering Championships website for more information.
Last chance to register
Hamilton Verifiable Training Seminar
Wednesday 23 May and Thursday 24 May
Last day to enroll is Wednesday 16 May - a $50 per person late fee will apply after this date.
Invercargill Verifiable Training Seminar
Wednesday 23 May and Thursday 24 May
Registration deadline Monday 14 May - a $50 per person late fee will apply after this date.
Non-Verifiable Training
2018 Compliance Review Workshop: Staying Safe with the REA.
Wednesday 13 June
Presented by Graham Crews with special guest: Kevin Lampen-Smith, CEO of the REA.
Keep up with the latest non-verifiable courses being updated here.
Webinars
New webinars! Clock up your non-verifiable hours by enrolling in one of our new webinars. Click here
Other
Our Property Management workshop is full. Contact Lisa Stern to go on the waiting list for potential future workshops.
REINZ Centre of Excellence is available for hire! Modern and stylish rooms in a great location. Click here for more info.
| Region | Dates | Location | |
|---|---|---|---|
| May | |||
| New Plymouth | 16 - 17 | Novotel | Book Now |
| Hamilton | 23 - 24 | Hamilton Working Mans Club | Book Now |
| Invercargill | 23 - 24 | Ascot Park Hotel | Book Now |
| June | |||
| Taupo | 6 - 7 | Great Lakes Centre | Book Now |
| Rotorua | 20 - 21 | Holiday Inn | Book Now |
| Whakatane | 27 - 28 | Tuscany Villa | Book Now |
| Timaru | 27 - 28 | The Grosvenor | Book Now |
| July | |||
| Wellington | 4 - 5 | ASB Sports Centre | Book Now |
| Nelson | 25 - 26 | Trailways Hotel | Book Now |
| Palmerston North | 25 - 26 | Hotel Coachman | Book Now |
Upcoming REINZ Seminars
North Island Rural Seminar - Save the date - Tuesday 12 June, 11am – 3pm
On the day before Mystery Creek opens – join us for a half day seminar, filled with knowledge, inspiration and information, tailored specifically to the Rural Sector.
Download the poster
Auctioneering Championships
New Zealand Auctioneering Championships
Sunday 17 June - Tuesday 19 June, REINZ Centre of Excellence
Join us for the annual New Zealand Auctioneering Championships, where the most skilled and professional auctioneers in New Zealand will compete for the title
Check out the website
Australasian Auctioneering Championships
Sunday 14 October - Tuesday 16 October, Auckland
The Australasian Championships is an annual event representing the most skilled and professional auctioneers that Australia and New Zealand has to offer, with the top two auctioneers from the New Zealand competition, and the top two from each of the six Australian states, all competing for the Australasian title
Check out the website
Upcoming REINZ Regional Meeting
Manawatu and Wanganui Regional Meeting - Wednesday 20 June, 4pm – 6pm
Come and join Mayor Grant Smith, Dame Rosanne Meo, Bindi Norwell and Richard Warner from Property Press as they share their insights into what is happening in the region.
Download the poster
Earlybird Conference Tickets available
Residential Property Management Conference - Friday 3 August, 8am - 5.30pm
Join us for our annual RPM Conference for 2018, held at the Pullman Auckland Hotel. Hosted by Simon McKinney and featuring keynote speaker Hon Phil Twyford.
Please register separately if you wish to attend the cocktail party where we will announce an inaugural Property Management Award.
Commercial & Industrial Conference - Friday 3 August, 8am - 5.30pm
Join us for our annual C&I Conference for 2018 and earn 6.0 NV hours. Hosted by Simon McKinney and featuring keynote speaker Hon Phil Twyford.
This year our conference will be held at the, Pullman Auckland Hotel. Please register separately to attend the evening cocktail party giving you the opportunity to network with colleagues.
Conference Cocktail Evening - Friday 3 August, 5.30pm - 8pm
Join us for our end of conference cocktail party at the Pullman Auckland Hotel. This is included in your conference registration but get in quick as there is limited space!
| June | |||
| North Island Rural Seminar | 12 June | 11am – 3pm | Hamilton |
| NZ Auctioneering Championships Draw | 17 June | 5.30pm – 7.30pm | REINZ, Auckland |
| NZ Auctioneering Championships Heats | 18 June | 10am – 5pm | REINZ, Auckland |
| NZ Auctioneering Championships Finals | 19 June | 10am – 6pm | REINZ, Auckland |
| Manawatu & Wanganui Regional Meeting | 20 June | 4pm – 6pm | Manawatu Golf Club, Palmerston North |
| August | |||
| REINZ Property Management Conference | 3 August | 8am - 5.30pm | Pullman Hotel, Auckland |
| REINZ C&I Conference | 3 August | 8am - 5.30pm | Pullman Hotel, Auckland |
| Conference Cocktail Evening | 3 August | 5.30pm - 8pm | Pullman Hotel, Auckland |
| 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 |
Large costs awarded for meth contamination
Facts: The tenancy had ended and the Landlord filed a claim for a number of matters, including meth test costs, decontamination costs, costs in replacing carpets and curtains affected by the contamination and loss of rental income.
The Landlord conducted a meth test before the tenancy started. The test recorded no detectable level of meth.
At the end of the tenancy, a composite test was undertaken and recorded a meth level of 1.78µg/100cm2 (above the NZ Standard threshold of 1.5µg/100cm2). The Landlord then arranged for a comprehensive test to be undertaken. The comprehensive test detected meth throughout the house and over 1.5µg/100cm2 in some areas, including the garage (5µg/100cm2), kitchen/living room (3.6µg/100cm2), and the main bedroom (2.2µg/100cm2).
Decision: At the end of the tenancy, a composite test was undertaken and recorded a meth level of 1.78µg/100cm2 (above the NZ Standard threshold of 1.5µg/100cm2). The Landlord then arranged for a comprehensive test to be undertaken. The comprehensive test detected meth throughout the house and over 1.5µg/100cm2 in some areas, including the garage (5µg/100cm2), kitchen/living room (3.6µg/100cm2), and the main bedroom (2.2µg/100cm2).
The Tribunal said the meth tests taken at the beginning and end of the tenancy were not recoverable as they were part of the Landlord’s normal business of managing a tenancy. However, the Tribunal awarded costs for the comprehensive test and the re-testing after decontamination, as those costs arose from the Tenant’s breach.
Decontamination costs were awarded, but only for areas that were contaminated above 1.5µg/100cm2
Costs for replacing carpets and curtains affected by the contamination were awarded, after the Tribunal allowed for depreciation.
As the Landlord had an incoming tenant who was unable to move in due to the remediation work, the Tribunal also awarded the Landlord for loss of rental income for three weeks. Approximately $16,000 in costs were awarded to the Landlord relating to the contamination.
Landlords’ application to reduce Tenant’s fixed-term tenancy declined
Facts: The tenancy began in September 2016 and was fixed until September 2027. There was no right to review the rent.
The Landlords applied to reduce the term of the tenancy. They claimed their agent organised the tenancy and that they were not aware of the terms of the tenancy agreement until they came to sell the property.
The Landlords said they had experienced a change in their circumstances, being a breakdown of their relationship, which had led to a decision to wind up their property investment business and that they would suffer financial hardship if the tenancy term was not reduced.
Decision: The Tribunal declined to reduce the term of the tenancy.
The Tribunal can reduce the term only if it is satisfied that, due to an unforeseen change in the applicant’s circumstances, the hardship that the applicant would suffer if the term was not reduced would be greater than the hardship that the other party would suffer if the term was reduced.
The Tribunal considered a breakdown in the Landlords’ relationship could not be said to be an “unforeseen circumstance” for the purposes of justifying a reduction in the tenancy term. If their agent has acted outside her authority in signing up the tenancy, then that is a matter for the Landlords to pursue with their agent separately.
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.
The Anti-Money Laundering Act and you
The Anti-Money Laundering and Countering Financing of Terrorism Act will come into force for Real Estate Agents on 1 January 2019. You will have heard about what that means for real estate agents and the work involved to fulfil the Act’s obligations.
The Department of Internal Affairs (DIA) will be the Act’s supervisor for real estate agents and it have been working closely with REINZ to ensure you and your business are ready when the Act goes live in around 8 months.
Last month DIA hosted a workshop for representatives of the real estate industry, to work out those areas of most interest to real estate agents. DIA is currently drafting the sector guidelines and this and other workshops and sector gatherings, have been central to ensuring the guidance is relevant to the industry and easy to interpret.
One of the activities which you can undertake now is to appoint a compliance officer so this person can become familiar with the role and the Act’s obligations. This compliance officer should be someone who has a detailed understanding of the business and a good level of influence within the business.
Later in the year, the DIA will undertake a series of roadshows throughout the country to talk directly with real estate agents about the AML/CFT Act and your obligations. We will keep you posted on all matters AML/CFT related and when the roadshow will visit your area.
Case Update: Licensee fined for not providing valuation when purchaser was in romantic relationship with her
Facts: The complaint concerned three issues raised by the Complainant in relation to the Licensee’s conduct when selling a property:
The Licensee accepted she did not provide the first report to the Complainants before the auction because of instructions from the vendor’s solicitor. The vendor’s solicitor advised that the first report should not be disclosed as the property had been cleaned. The Licensee took independent legal advice after the auction and then disclosed the first report as a result of the independent advice.
- Whether the Licensee made correct disclosures under sections 134-137 of the Real Estate Agents Act (the Act) when the purchaser of the property was in a romantic relationship with the Licensee;
- Whether the Licensee had inappropriately erected Agency signage at the property;
- Whether the Licensee had inappropriately signed a Service Level Agreement on behalf of the body corporate when she did not have the authority to do so.
The Licensee responded to all three grounds of the complaint.
Specifically, in relation to disclosure under sections 134-137, she said that she was in a new relationship with the purchaser at the time, but to be prudent, she did advise the vendor of the relationship, included a clause in the sale and purchase agreement, and completed a Disclosure of Benefits form under section 136 of the Act. She disputed her relationship met the requirements under section 137 of the Act.
Decision: The CAC found the Licensee guilty of unsatisfactory conduct in terms of her failure to comply with sections 134-137 of the Act. The Licensee was fined $1,500. The CAC dismissed the other grounds of the complaint.
The CAC found that the requisite closeness required in section 137 existed in the Licensee’s relationship with the purchaser. Therefore, the Licensee should have obtained an independent valuation and follow the procedures prescribed under section 134.
This case is a reminder for licensees to ensure they recognise when a situation may fall under sections 134-137 and therefore require compliance with the procedures specifically prescribed under those provisions. Commonly, Licensees will need to comply if they, or someone related to them, stands to gain a financial benefit from the transaction (other than the Licensee’s receipt of a commission) or are wanting to purchase a property from the Licensee’s client vendor.
Please email any advisory or compliance questions to Sonia Ng, Lawyer, REINZ Advisory Services, and we may feature your question and our response here. This column 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.
Calling all PA's and Administrator's
We would like to invite you to come along to our free Administrators’ evening event at the REINZ Centre of Excellence in Grafton. Please join us for drinks, nibbles, networking and a tour of our new event space. Thursday 17 May, 6pm – 8 pm.
Register here or email Lisa Stern
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.
