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In The Know

20 April 2018

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ANZAC Day Trading Hours

ANZAC Day is next Wednesday, 25 April. Real estate agencies are not covered under the Shop Trading Hours Act 1990 and hence are not subject to the restricted trading hours on ANZAC Day. However, although the legal position allows it, we ask our members to bear in mind the special nature of this day when deciding whether to conduct open homes and auctions, e.g. after 1pm may be a more appropriate choice.

Remember also that ANZAC Day is not a “working day” under the Sale and Purchase Agreement for the purposes of calculating condition and settlement dates.

Non-Verifiable Training

Supervision Workshop
Monday 30 April
A practical 2-hour workshop led by Graham Crews, who is sure to engage and entice you in this subject area.

Rising Stars Auctioneering Training
Tuesday 1 May
Get ready for the national competitions in June at REINZ! Come along to this 1-day hands-on, practical workshop and get yourself sorted for the novice champs.

Property Management Workshop: Prospecting Strategies
Friday 11 May
For Property Managers, Agency Owners and Business Development Managers looking for strategies to grow your portfolio.

Keep up with the latest non-verifiable courses being updated here.


Verifiable Training

Thames Verifiable Training Seminar
Wednesday 2 & Thursday 3 May
Registration deadline Tuesday 23 April - a $50 per person late fee will apply after this date

Whangarei Verifiable Training Seminar
Wednesday 9 & Thursday 10 May
Registration deadline Tuesday 30 April - a $50 per person late fee will apply after this date.

New Plymouth Verifiable Training Seminar
Wednesday 16 & Thursday 17 May
Registration deadline Tuesday 11 May - a $50 per person late fee will apply after this date.


New 2018 Webinars

Marketing Advisor and Journalist Graham McGregor goes through the marketing advantages for different sectors in the real estate industry.
Select the specialised webinar from the below options.

Sales & The Marketing Advantage for Commercial and Industrial
Sales & The Marketing Advantage for Property Management
Sales & The Marketing Advantage for Residential Sales
Sales & The Marketing Advantage for Business Brokers

Sales & Purchase Agreements Recording of Graham Crews' recent workshop


Region Dates Location  
May
Thames 2 - 3 War Memorial Civic Centre Book Now
Whangarei 9 - 10 Toll Stadium Book Now
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 Breakfasts and Seminars

Superstars Breakfast - Tuesday 1 May, 7.30am – 10am
Come and join MC Bryan Thomson, Dame Rosanne Meo, Bindi Norwell and our panellists as they share their insights into their winning secrets to success at our popular ‘Superstars Breakfast’.
Cost includes entry, buffet breakfast, tea and coffee as well as a line-up of top speakers.
Download the poster

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


REINZ Conference

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!

April
Gisborne Regional Meeting 6 April 2pm – 4pm Emerald Hotel, Gisborne
C&I Sector Breakfast 10 April 7.30am – 10am Hotel Pullman, Auckland
May
Superstars Breakfast 1 May 7.30am– 10am Grand Millennium, Auckland
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

Select Committee releases recommendations on Residential Tenancies Amendment Bill (No 2)

The Residential Tenancies Amendment Bill (No 2) (the Bill) seeks to amend the current Residential Tenancies Act (RTA) by addressing issues such as contaminated premises, and tenant’s liability for damage. REINZ has submitted on this Bill.

Click here for the submission.

The Select Committee has released its report on the Bill now and made the following key recommendations:

  • adding a requirement for landlords to disclose insurance information as part of the tenancy agreement. The information would include whether the premises were insured, the level of excess, what risks are insured, and what (if any) acts or omissions of the tenant would void the insurance;
  • clarifying when the tenant could be liable for damage to the premises, including what matters the landlord and tenant must respectively prove in a claim;
  • replacing references to “methamphetamine” in the Bill with “contaminant”, so that the Bill addresses more broadly the issue of contamination by other harmful substances. “Contaminant” would include methamphetamine, and any other substances as prescribed by the legislation;
  • adding a requirement that, when landlords test for contaminants, they would have to notify the tenants of the results in writing and provide them with a copy of the results;
  • requiring that all forms of contamination are dealt with in the same way as damage and destruction of premises under sections 59 and 59A of the RTA;
  • providing for the Governor-General to set regulations in relation to contaminants, including to set maximum acceptable levels, or a way of calculating these levels, for any prescribed contaminants;
  • providing for regulations to be developed with respect to dealing with goods left behind in contaminated premises.

The Bill must pass two more readings before being enacted into law. REINZ will continue to keep a close watching brief on this Bill and update you as it progresses through Parliament.


Tribunal held Landlord’s conduct “amounted to harassment“

Facts: The Tenant brought a number of claims including the Landlord’s delay, unwillingness and reluctance in remedying a power outage, non-functional cooking facilities and a raw sewage overflow at the premises.

Around the same time as the Tenant reported these issues to the Landlord, the Landlord also issued a rent increase notice, and then a 90-day notice to terminate the tenancy, and also brought in various people including a surveyor to the property, without the Tenant’s consent.

Decision: The Tenant succeeded substantially in her claims and was awarded compensation and exemplary damages, as well as having the Landlord’s notice to terminate and notice to increase rent set aside. The Tribunal considered the notice to terminate was retaliatory.

A substantial amount of exemplary damages was awarded in this case, which reflected the Tribunal’s opinion that the Landlord’s behaviour reflected a “pattern of contempt for the legal framework which [governs residential landlords]“ and “a course of conduct amounting to harassment was proved“.

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.

Commission statements

Whilst the law does not prescribe a set format for commission statements, we recommend that members provide commission statements that detail the amount of deposit paid, a breakdown of the commission calculation, GST and net balance due, to enable the vendor and/or their lawyer to check the commission calculation in a convenient way.

The New Zealand Law Society has expressed concerns to REINZ that some agencies have reverted to the practice of providing commission statements that simply list the deposit paid, amount deducted and net payment.

Providing a good service includes being transparent and making it easy for vendors and/or their lawyers (as the vendor’s representatives) to check that the commission was calculated correctly and in accordance with the agency agreement. The law does not prescribe a set format for commission statements but a best practice statement would set out information in the following format (the percentage amount is an example only):

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The New Zealand Law Society has also requested that agencies provide, where possible, the commission statement to the vendor and/or their lawyer before releasing the deposit, to enable checking of the intended payment to occur before funds are released.

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.

iStaging technology fully supported on realestate.co.nz

Thanks to the team at realestate.co.nz iStaging’s virtual tour technology is now fully supported under the 3D walkthrough tab on every listing detail page making it even easier for agents to use.

Other providers will turn this functionality on in the coming weeks, but thanks to power of the new realestate.co.nz website they were able to get this across the line first.


Fresh round of funding available for Women's Leadership Development

Women & Leadership New Zealand (WLNZ) is excited to announce a new pool of scholarship funding is available for women working in the real estate and property sector to undertake a range of leadership development programs.

The initiative is providing women with grants of between $3,000 and $8,000 for part-time accredited courses that are starting later this year.

Expressions of Interest
Funding is strictly limited and early registration is advised. Find out more and register your interest by completing the Expression of Interest form here prior to April 27.

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.