Important Notice: REINZ Special General Meeting
REINZ hereby notifies members of a Special General Meeting to be held at 4pm, Monday 30 July 2018 at REINZ, Level 2, 155 Khyber Pass Road to vote upon the following motion:
“That Bryan Thomson continue as an Appointed Director of the Real Estate Institute of New Zealand for a further 12 months until the end of the 2019 Real Estate Institute of New Zealand Annual General Meeting.”
The reasons for the motion are as follows:
- Mr Bryan Thomson is a Director of the Institute appointed under Rule 7.1(b) of the Institute's Rules. Having served for four consecutive terms totalling eight years, in terms of Rule 7.6(d) he is not eligible for re-appointment.
- Four Directors will leave the Board in November or shortly thereafter, and two of the five remaining Directors are new to the Board. In those circumstances, and to assist with continuity of governance, the Board has unanimously agreed that Bryan Thomson should be re-appointed, and the appointment panel has confirmed that it believes that he should be re-appointed
- In those circumstances, the problem should be resolved before the 2018 Annual General Meeting by having the above motion voted upon well in advance of this year’s Annual General Meeting, and, therefore, it is desirable that a Special General Meeting be held to consider the above motion
All REINZ members are invited and encouraged to attend the SGM. Voting entitlement is in accordance with Rule 3.5 of the REINZ Rules, as follows:
(i) Agency Member: two votes. In the case of an Agency Member company one named officer of the company has the Agency’s two votes.
(ii) Property Management Agency Member: two votes. In the case of a Property Management Member company one named officer of the company has the Agency’s two votes.
(iii) Associate Member: one vote.
(iv) Fellow Member: one vote.
(v) Life Member: one vote.
(vi) Salesperson or property managers named under an Agency Member are not entitled to vote at an SGM.
We would be grateful if you would please confirm your attendance by 23 July by emailing agm@reinz.co.nz.
Just Added
C&I Training Workshop: Building legislation tasks that affect selling, buying or tenanting properties
Friday 10 August
Commercial importance of legislation, processes, do’s and don’ts – with great case studies for discussion.
Verifiable Training
Palmerston North Verifiable Training
Wednesday 25 and Thursday 26 July
Registration deadline Monday 16 July - a $50 per person late fee will apply after this date.
Nelson Verifiable Training
Wednesday 25 and Thursday 26 July
Registration deadline Monday 16 July - a $50 per person late fee will apply after this date.
Kerikeri Verifiable Training
Wednesday 8 and Thursday 8 August
Registration deadline Monday 30 July - a $50 per person late fee will apply after this date.
Non-Verifiable Training
Tom Panos presents at REINZ!
Monday 6 August
Australasia's leading real estate coach is presenting on 'How to dominate the digital connection economy in real estate' at the REINZ Centre of Excellence.
Don't miss out, as over 80% the spaces are already filled for this session!
Property Management Workshop - Christchurch
Wednesday 22 August
REINZ comes to Christchurch! Key Prospecting Strategies and Growing your Rent Roll.
REINZ Centre of Excellence now available for hire! - Check out the flyer here
| Region | Dates | Location | |
|---|---|---|---|
| July | |||
| Nelson | 25 - 26 | Trailways Hotel | Book Now |
| Palmerston North | 25 - 26 | Hotel Coachman | Book Now |
| August | |||
| Kerikeri | 8 - 9 | Kerikeri RSA | Book Now |
| Napier | 23 - 24 | Napier Conference Centre | Book Now |
| September | |||
| Tauranga | 5 - 6 | Club Mount Maunganui | Book Now |
| Auckland 2 | 19 - 20 | REINZ Centre of Excellence | Book Now |
| October | |||
| Christchurch 2 | 17 - 18 | The Atrium | Book Now |
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.
Kerikeri Regional Meeting
Thursday 9 August, 3pm - 5pm
Join Regional Director Wendy Alexander and Chief Legal Officer Lisa Gerrard speak about what’s happening at REINZ and share the latest regional data.
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.
Download the poster
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.
Download the poster
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!
2018 REINZ Awards for Excellence
Tuesday 28 August, 6pm - 10pm
Entries are now open
Buy Gala Dinner Tickets or 5 Ticket discount package or 10 Ticket discount package
Download the invitation
Rural: Mycoplasma Bovis Webinar now available
Watch the webinar now
Emil Murphy, Ministry for Primary Industries, presents MPI’s response to Mycoplasma Bovis and implications for New Zealand’s rural real estate.
| July | |||
|
YPIRE Wellington Launch Event *SOLD OUT* |
19 July | 6pm – 9pm | C.G.R Merchant & Co |
| 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 |
| Whangarei Regional Meeting | 9 August | 10.30am - 12.30pm | Toll Stadium, Whangarei |
| Kerikeri Regional Meeting | 9 August | 3pm - 5pm | Rock Salt Bar and Restaurant, Kerikeri |
| REINZ Awards Gala Dinner | 28 August | 6pm - 10pm | Cordis, 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 |
Case Update: Tribunal considers meth remedial levels after Gluckman report
Facts: The Landlord sought costs, which included the insurance excess for meth decontamination work, from the Tenant. The Landlord had not done a pre-tenancy meth test.
The tenancy was terminated by a 90-day notice and, a few weeks after termination, the Police found substances at the premises which were considered to be meth and equipment which were associated with meth use. The Landlord tested the premises for meth and the results ranged between 0.47ug/100cm2 to 15.89ug/100cm2.
The Landlord’s insurer paid for the total remediation costs, but the Landlord had to pay an excess of $2,500. He claimed against the Tenant for the excess. The Tenant cited recent media comments about meth testing, which due to the timing of the decision, likely referred to the report by the Prime Minister’s Chief Science Advisor Sir Peter Gluckman. Sir Gluckman’s report indicated there is little evidence supporting health risks from exposure to residues from meth use, and that any levels below 15ug/100cm2 were unlikely to present adverse health effects.
Decision: The Landlord was successful in claiming the insurance excess from the Tenant.
Although there was no pre-tenancy meth test, there was sufficient evidence for the Tribunal to conclude the meth contamination occurred during the tenancy. The collective evidence was that the Tenant herself admitted her son had a substance issue with meth use, and the Police report showed there was meth use during the tenancy.
The Tribunal then considered whether the Tenant was responsible for the insurance excess. Tenants are generally not liable for careless damage if the landlord is insured, although they would be liable for intentional damage or actions “that constitute an imprisonable offence” – section 269 of the Property Law Act. The Tribunal noted meth use would fall under either one or both of these categories.
The Tribunal was also asked to consider what the current situation is, given the Gluckman report. It confirmed that any consideration as to whether the premises were contaminated, must be based on the prevailing guidelines at the time. The Tenant was found liable as the testing and remediation work in this case occurred when the NZ Standard remediation level of 1.5ug/100cm2 applied. Even if the level to be applied was as per the Gluckman report, the Tribunal noted the Tenant would still be liable as the reported level in some areas was over 15ug/100cm2.
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: Conjunctional Arrangements
Our Information Sheet on conjunctional arrangements contains guidance on your obligations if you receive a request from another agency to introduce a buyer to your listing. It also outlines good practice recommendations on how to manage a conjunctional arrangement, if you do enter into one.
Click here for more advisory resources from REINZ.
Case Update: Licensees penalised for failing to disclose flood risk, and mishandling offer
Facts: The Complainant described him and his wife as first home buyers who were not familiar with the process of buying a house. The complaint was made on several grounds, which included the Licensees’ failure to tell the Complainant the property was in a flood zone (as noted on the LIM), and the Licensees saying there was other interest and pressuring him and his wife to sign a sale and purchase agreement with less desirable terms and a higher purchase price than they wanted to offer, when the other prospective purchaser had pulled out.
There was a clear conflict between the Licensees’ and the Complainant’s version of events. However, the Licensees did not provide any file notes recording the advice they gave to the Complainant. This lack of documentary evidence was crucial in leading the CAC to prefer the Complainant’s credibility over the Licensees.
This case is a reminder for Licensees to ensure you record important advice given to vendors/purchasers, either by way of file notes, or by sending a follow-up email or letter to the vendor/purchaser to confirm any verbal advice you have given them.
Decision:The CAC found the Licensees guilty of unsatisfactory conduct.
In short, the CAC accepted that the Licensees did not alert the Complainant to the flood risk identified in the LIM. There was a “perfect opportunity” for the Licensees to alert this risk in writing when they emailed the LIM to the Complainant, yet there was no written record of the advice.
The CAC also found that there was never a multi-offer, contrary to what the Licensees told the Complainant. There was a potential multi-offer, but that possibility lapsed when the other prospective purchaser pulled out. As such, the Licensees should have communicated this to the Complainant and given him a chance to revise/reconsider his offer when it was clear that there was no longer competing interest in the property.
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 announced as finalist in Brand/Campaign category of inaugural NZ LGBTI Awards
After 3 months of nominations and more than 1,200 submissions from around the country, The New Zealand LGBTI Awards announced that REINZ was a finalist in the Brand/Campaign category.
Voting is now open and we would love your support.
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.
