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In The Know

12 October 2018

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REINZ works with OIO to prepare resources for members

Ahead of the changes to the Overseas Investment Act on 22 October, REINZ has worked with the Overseas Investment Office to prepare resources to assist members. A list of resources is below. Key points to note about the changes include:

  • The new rules apply to residential land, including bare land, lifestyle properties, apartments and mixed use properties
  • The new rules will apply to sale and purchase agreements entered into on or after 22 October 2018. The date of the agreement is the relevant date. For example, an agreement to purchase a house dated 21 October will not be captured by the new regime but an agreement dated 22 October will be subject to the new rules
  • 22 October, all purchasers of residential land, regardless of whether they are an “overseas person” or not, will need to complete a new document called a Residential Land Statement. The Residential Land Statement is being developed by the Overseas investment Office and will be released shortly. The Statement requires purchasers to declare whether or not they are an “overseas person” and therefore require the consent of the Overseas Investment Office to buy the property. Purchaser’s lawyers will require the Statement to be completed by purchasers prior to settlement.

Resources include:

Keep your eye on the REINZ Education Portal for a webinar on the changes to the Overseas Investment Act, coming soon.


Official Notice of AGM

Notice is hereby given that the 2018 REINZ Annual General Meeting of members will be held on Monday 26 November 2018 at Events on Khyber, Grafton.

Find the full Notice of Meeting here.
Email agm@reinz.co.nz to register, note apologies, or submit any items of general business.

Non-Verifiable Education

Anti-Money Laundering Nationwide Roadshow

REINZ and AML Solutions are running AML Training sessions throughout New Zealand between now and December through the regions, for Sales Agents, Compliance Officers and Administrators.

Registrations are now open via the REINZ Website.
Find training in your area here.
Watch the video answering some frequently asked questions here.

If you would like to arrange individual training for your brand or office, please do not hesitate to contact AML Solutions at realestate@amlsolutions.co.nz


Auctioneering Fresh Starter Training

Monday 29 & Tuesday 30 October
Fun, interactive and engaging 2-day rookie auctioneer training facilitated by Mark Sumich.


Hamilton - Property Management Workshop

Tuesday 13 November
Prospecting strategies and growing your rent roll, presented by Angela Little


Verifiable Training

Auckland Verifiable Training
Wednesday 17 and Thursday 18 October
Registration deadline Tuesday 13 November - a $50 per person late fee will apply after this date.


Region Dates Location  
October
Christchurch 2 17 - 18 The Atrium BOOKINGS CLOSED
November
Auckland 3 20 - 21 Events on Khyber Book Now

Upcoming Events

2018 Australasian Auctioneering Championships
Sunday 14 October - Tuesday 16 October

The 2018 Australasian Auctioneering Championships kick off on Monday 15 October at 9am - you can follow the action on social with #2018AAC.
If you can't make it to Q Theatre in Auckland to catch the action, you can tune in on GAVL with the links below.

To watch these auctions, click on the auctioneer you want to tune in to watch, click "Watch Live", or scroll down and click "Follow Listing" - Please note, you must register with Gavl first to access the live-stream. These links are valid on desktop or mobile, however we suggest you download the app for the best experience.


2018 REINZ Golf Tournament - LAST CHANCE!
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.

Blenheim Regional Meeting
Friday 2 November
Join the REINZ team hear about what’s happening at REINZ and share the latest data for the Blenheim region. We also have our partner Property Press sharing some relevant new research. At the end of the presentation there will be the opportunity to network over morning tea. We look forward to seeing you!

Nelson Regional Meeting
Friday 2 November
Join the REINZ team hear about what’s happening at REINZ and share the latest data for the Nelson region. We also have our partner Property Press sharing some relevant new research. At the end of the presentation there will be the opportunity to network over morning tea. We look forward to seeing you!


October
Australasian Auctioneering Championships Draw 14 October 6pm - 7.30pm REINZ Centre of Excellence, Auckland
Australasian Auctioneering Championships Heats 15 October 8.45am - 6pm Q Theatre, Auckland
Australasian Auctioneering Championships Senior Finals 16 October 11am - 4pm 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 St Andrews Course, Hamilton
November
Blenheim Regional Meeting 2 November 10am -12pm Scenic Hotel Marlborough
Nelson Regional Meeting 2 November 2.30pm - 4.30pm Trailways Hotel

Case Update: Landlord fails to establish contractual mistake

Facts: The Landlord claimed that the tenant owed rent arrears of $1,507.42. This was based on an alleged contractual mistake in the tenancy agreement. This agreement recorded that monthly rent was to be $1,580 ($395 per week). This was used as the basis for calculating the letting fee and bond. No issues were raised over the course of the tenancy. At the conclusion of the tenancy, the term was extended by four weeks with a revised rent of $415 per week. The tenant explained that he always assumed the amount of the rent was the same as that recorded in the agreement. It was not until the conclusion of the tenancy that the landlord advised of the alleged contractual mistake and that the Landlord was withholding the tenant’s bond as a result.

Decision: The Tenancy Tribunal was required to consider whether rent arrears existed. The Tribunal explained that the terms of the tenancy agreement were definitive. It, therefore, fell to be determined whether there was a contractual mistake for the purposes of the Contract and Commercial Law Act 2017. The Tribunal explained that there were two issues: the mistake was unilateral because the Tenant was not aware of it; and there was no evidence before the Tribunal that either party was induced into the contract as a result of the mistake. The Tribunal explained that even if those factors were present, it would not have been prepared to find that there was a substantially unequal exchange of values. The tenant paid $1,580 under the tenancy agreement while the landlord claimed $1,711, a difference of $131. The bond was ordered to be returned to 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 Residential Property Management

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

Case Update: Settlement of complaint to Authority deemed unsatisfactory conduct

Facts: The purchasers of a property made a complaint to the Authority relating to representations which had been made by Licensee Two in respect of the property’s electrical wiring. The CAC commenced an investigation into the complaint out of concern that Licensee Two may have misrepresented to the purchasers that the property had recently been rewired. The Committee also investigated whether a settlement agreement which Licensee One entered into on behalf of Unique Realty Limited with the purchasers amounted to an attempt to contract out of the Authority complaints process.

Decision: The CAC determined that Unique Realty had engaged in unsatisfactory conduct. The CAC found that the effect of the settlement agreement was to prevent the purchasers from either complaining or assisting with a complaint to the Authority in connection to the purchase of the property. This was in direct contravention of Unique Realty’s obligations to ensure that the purchasers were aware they could still complain to the Authority despite engaging in an in-house settlement process. The restriction, therefore, constituted a breach of Unique Realty’s obligations to under rules 7.3, 9.2 and 12.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.

The CAC decided to take no further action in relation to the complaints against Licensee One and Two. The CAC accepted Licensee Two’s explanation that no reasonable grounds existed which would have called into question the vendor’s assurance that the property had been rewired. The CAC determined that Licensee One was not responsible for the breaches following from the settlement agreement as it was accepted that Licensee One was clearly entering into the settlement agreement as the Principal of the Unique Realty on its behalf.

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.

Greater Wellington Regional Council (GWRC) gives notice of its intention to issue a request for proposal (RFP)

Greater Wellington Regional Council (GWRC) gives notice of its intention to issue a request for proposal (RFP) from suitably qualified residential property management service provider to proactively manage 111 residential tenancies in properties that have or are in the process of being acquired for public works including RiverLink Project. The service provider will be responsible for all day-to-day property management for the portfolio which, upon acquisition of all the properties, will have an estimated gross rent roll of approximately $2.1 million dollars per annum.

The properties are mainly located on two streets in central Lower Hutt, a popular location for rental properties with low tenant turnover. The properties are currently managed by GWRC’s property service providers, Jigsaw Property Consultancy (JPC).

GWRC seek a service provider with capability, experience and resources to deliver quality residential property management services to a large portfolio. They need to have a good track record in the management of residential property and will be ready to take this portfolio on within a month of being appointed.

The RFP will be published in mid-October on the NZ Government Electronic Tenders Service (GETS) website. All interested service providers will be required to create an account on GETS to receive notification of the tender.

If you have questions before the RFP is issued, please contact GWRC via jess@jigsawproperty.co.nz

Enhanced Statistics Short Online Tutorials Available Now!

Short online training tutorials are now available under REINZ Education - Non-Verifiable- Online Webinars 2018 platform. Each focuses on various segments of the site and runs for ten to fifteen minutes. This is a great way to start learning about all the additional information the Enhanced Statistics site includes and how you can benefit from it whilst earning non-verifiable. Training also caters to Rural & Lifestyle.

See below to access some of the tutorials available now or to view the full range please visit the REINZ Education platform.


Home Page Overview – Enhanced Statistics
Understand the different components of the Enhanced Statistics site and how to navigate your way around it through this quick 10 minute online tutorial.

Classic Search – Enhanced Statistics
Quick 15 minute tutorial on how to search for sales in the Enhanced Statistics Platform using the Classic Search function - the simplest way to search and export sales with a similar layout to the original REINZ Classic Sales Site.

Map & Table View Search – Enhanced Statistics
Quick 15 minute tutorial on how to search and export sales using the Map & Table Search functions in the Enhanced Statistics Platform. Find out about new features available including detailed property information, photo galleries, travel distances to amenities and much more.

Location Profiler - Enhanced Statistics
Learn how to use Location Profiler and start researching median sale trends, total sales volumes, number of dwellings, demographic information, school zones and much more to help you become the expert in your area in this 15 minute webinar.

Custom Territories - Enhanced Statistics
Learn how to customise a territory with the draw tool for complete flexibility or use the school zone tab to define a location based on a specific school zone. Custom locations can be used across the entire statistics site so data is more relevant than ever across not only sales but general statistics and demographic information in this 15 minute webinar.

Nominations for REINZ Life Membership are now open

Nominations for REINZ Life Membership are now open. Life Membership may be recommended for any person who has provided outstanding and meritorious service to REINZ and/or the Real Estate profession.

Click here for the REINZ Life Member Nomination Guide and Nomination Form.

Completed nomination forms must be sent to Lisa Gerrard no later than 5pm, 24 October 2018.


ACC Levy proposed changes

ACC is currently consulting on proposed changes to the levy system.  Of particular interest to REINZ members is the proposal to  make things easier for self-employed people, by calculating your levy based on your actual annual income, rather than a forecasted income. The full range of proposals can be viewed at shapeyouracc.co.nz.

We encourage you to have a look at the proposals and share as much or as little feedback as you like on shapeyouracc.co.nz before 5pm, 25 October 2018.


Anglican Advocacy partners with REINZ and others in open letter

On Wednesday 10 October, Anglican Advocacy submitted an open letter to the Ministers for Housing and Justice calling for regulation of the property management industry.

REINZ was a signatory on this open letter along with 24 other organisations in an ongoing call to regulate the industry.

You can read the open letter 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.