One of the most asked for features in the REINZ Statistics Portal has been the use of Classic Search, which is now available.
You can get to Classic Search through our new landing page which you will see once you have logged into the REINZ Statistics Portal. Or under Search at the top of the page, you can now access Map Search, Table Search or Classic Search.
Classic Search allows you to select the area that you want through dropdowns (similar to the old Stats site). You can also quickly set filters such as Sale period and Number of Bedrooms through Quick Filters.
You can now access more filters from just beside the Quick Filters. We have added the ability to type in the precise Land Area and Floor Area.
You can also now quickly move between the three types of search (Map, Table and Classic) without losing your filters or areas you have selected. Note that now you can perform searches within Table view.
Download the instruction pages here.
Thanks for taking part in our survey - There is still time to answer if you haven't already!
Our winners have been contacted and will be sent their prizes.
The survey is still open and another bottle of Moët will be drawn next Friday - please let us know who your buyers are here.
Sale & Purchase Agreement: Getting it right and staying safe
Monday 26 March
Gain a deeper understanding of the agreement and your role in helping clients and customers make better decisions. Presented by Graham Crews and worth 2.5 non-verifiable hours.
Auckland Central Verifiable Training Seminar
Wednesday 4 & Thursday 5 April
Due to demand, an additional Auckland Central session has been added. Registrations have been extended to 29 March, so register now.
Dunedin Verifiable Training Seminar
Wednesday 11 & Thursday 12 April
Registration deadline Tuesday 3 April.
Gisborne Verifiable Training Seminar
Wednesday 11 & Thursday 12 April
Registration deadline Tuesday 3 April.
2018 Verifiable Education Videos are now available online.
Property Smarts face-to-face training scheduled for Tuesday 8 May.
Enhanced Statistics Portal face-to-face training scheduled for Thursday 24 May.
Free PropertySmarts Webinar - available now.
Keep up with the latest non-verifiable courses being updated here.
| Region | Dates | Location | |
|---|---|---|---|
| April | |||
| Auckland Central | 4 - 5 | REINZ Centre of Excellence - Grafton | Book Now |
| Dunedin | 11 - 12 | The Dunedin Centre | Book Now |
| Gisborne | 11 - 12 | Emerald Hotel | Book Now |
| 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 |
Upcoming REINZ Regional Meetings
This is your chance to hear Bindi Norwell speak about what’s happening at REINZ and your region. Also join Dame Rosanne Meo in her final year as Chair.
Ashuburton Regional Meeting - Friday 23rd of March, 10am – 12pm, Download the poster
Christchurch Regional Meeting - Friday 23rd March, 3pm – 5pm, Download the poster
Gisborne Regional Meeting - Friday 6th April, 2pm – 4pm, Download the poster
Upcoming REINZ Sector Events
Commercial & Industrial Breakfast - Tuesday 10 April, 7.30am – 10am
Join MC David McConnell, Dame Rosanne Meo, Wendy Alexander and Bindi Norwell at this breakfast seminar designed specifically for Commercial and Industrial specialists.
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
| March | |||
| Ashburton Regional Meeting | 23 March | 10am – 12pm | Hotel Asburton, Ashburton |
| Christchurch Regional Meeting | 23 March | 3pm – 5pm | The Tannery, Christchurch |
| April | |||
| Gisborne Regional Meeting | 6 April | 4pm – 6pm | 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 - 9pm | Pullman Hotel, Auckland |
| REINZ C&I Conference | 3 August | 8am - 9pm | Pullman Hotel, Auckland |
| REINZ Awards for Excellence | 28 August | 6.30pm - late | Cordis 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 |
Asbestos
REINZ is working on an Information Sheet for property managers to assist them with the new asbestos regulations that come into force in April. Notice of the release date for the Information Sheet will be made here so keep an eye out. We aim to release it before the end of March.
Landlord ordered to pay costs for unconsented premises and invalid 42–days' notice
Facts: The premises were a converted garage attached to a larger home. The Tenant lived in the premises for approximately three and a half months. He was concerned throughout his short tenancy about issues of dampness and mould and claimed for a full refund of rent after becoming aware the garage did not have consent for a habitable dwelling.
The Tenant also alleged the Landlord gave a 42-days’ notice to end the tenancy when in the circumstances, the correct notice period should have been 90-days.
There was further an issue of whether the owner or the property manager should be liable for any costs ordered, due to the tenancy agreement only noting the property manager as landlord.
Decision: The Tribunal ordered a partial rent refund after applying the 2017 District Court decision Inglis v Parry and finding, in this case, that there was a tenant-and-landlord relationship which brought the claim within the Tribunal’s jurisdiction.
In ordering the partial rent refund, the Tribunal acknowledged the newly renovated interior but noted issues with the premises including some walls were not appropriately firewalled, and there was only one window, which likely contributed to the mould issue.
The Tribunal found the Landlord should have given a 90-day notice to vacate rather than a 42-day notice. A 42-day notice can be given if the Landlord requires the premises as a principal place of residence for themselves or a member of their family. The intended occupation must be a reasonable certainty and not just a possibility.
The Tribunal ordered the owner (rather than the property manager) to be responsible for the costs ordered, even though the tenancy agreement only noted the property manager as landlord and did not disclose they were acting as agent for the owner. The Tribunal based its decision on the fact that all parties (including the tenant) were aware there was an owner and the property manager was acting as agent.
No compensation for high power bills after faulty thermostat allegation
Facts: The Tenants claimed their power bills were higher than they should have been due to a faulty thermostat in the hot water cylinder. They claimed compensation of $2,000.
Two months after the Tenants moved in, the hot water cylinder stopped working and an electrician replaced the thermostat to get it back to work. The Tenants said the faulty thermostat caused the cylinder to constantly heat water.
The Landlord also made a number of claims including damage to the carpet and vinyl. Damage was made by the Tenants’ young son using some sort of indelible pen.
Decision: The Tenant’s claim regarding the power bills failed. The Tribunal noted there was no evidence that the thermostat was at fault causing power bills to be higher than they otherwise would have been. The bills were on the high side, but they covered the coldest months of the year, and could also be explained by high use of heaters in a house. There was no evidence of the cylinder constantly boiling water, as it would have been noisy and water should be discharging from the pressure release valve.
The Landlord’s claims largely succeeded. The Tribunal was satisfied the damage was intentional as the Tenants would have foreseen the damage if they didn't restrain their young son. By not taking steps to prevent the damage, the Tenants effectively permitted it to occur and therefore the damage was intentional.
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 Information Sheet: Dealing with the Real Estate Authority
Today we have released a new Information Sheet to provide members with tips on how to deal with the REA, if you have been notified that a complaint has been lodged against you.
Common mistakes that licensees make in this process include treating REA notifications dismissively, and writing poorly prepared written responses. A good response at the outset can prevent a complaint from being escalated to a full investigation, or an unfavourable disciplinary outcome.
Our Information Sheet will help you gain a good general understanding of the REA complaints handling procedure and practical suggestions on how to increase your chances of attaining the most favourable outcome if a complaint is lodged against you.
"Dear Advisory..."
What is the provisional value in Form 2 (Client consent form for licensee purchasing their client's property)?
Section 134 of the Real Estate Agents Act requires a licensee to obtain a signed client consent form (commonly known as “Form 2” in the industry) and an independent registered valuation, when they or someone related to them wishes to purchase their own client’s property.
In Form 2, a licensee has the option of providing a provisional value, with the client able to cancel the Sale and Purchase Agreement if the licensee’s registered valuation comes in at greater than the provisional value specified.
A 2015 Disciplinary Tribunal decision has clarified that the provisional value should be the appraised value from the most recent appraisal, or if the appraised value is a range, the lowest figure in that range.
For example, an appraised range of $450,000 to $480,000 would mean a provisional value of $450,000.
REINZ has the Form 2 template available here.
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.
Easter Trading Hours
Real estate agencies are not covered under the Shop Trading Hours Act 1990 and hence are not subject to the restricted trading hours during the Easter break and ANZAC Day. Although the legal position allows it, we ask our members to bear in mind the special nature of these days when deciding whether to conduct open homes and auctions, e.g. after 1pm may be a more appropriate choice.
Remember that the following days are not “working days” under the Sale and Purchase Agreement for the purposes of calculating condition and settlement dates:
- Good Friday, Friday 30 March 2018
- Easter Monday, Monday 2 April 2018
- ANZAC Day, Wednesday 25 April 2018
Chinese buyers fined $847k after failing to get consent to buy $5m cliff-top Auckland mansion
The recent High Court decision THE CHIEF EXECUTIVE OF LAND v. WENBING TANG & ORS is a timely reminder of the consequences for purchasers who fail to obtain Overseas Investment Office consent when buying sensitive land.
In this case, the penalties were significant, with one purchaser being fined $11,000 and 3 other defendants receiving a penalty based on the gain they otherwise stood to make from disposing of the property.
Licensees should remind purchasers to obtain legal advice when they are looking to purchase sensitive land and, if in doubt as to whether land is sensitive or OIO consent might be required, speak to their branch managers or supervisors.
Read the news article here.
Read the OIO Official Statement 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.
