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20 July 2018

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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.

Verifiable Training

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.

Napier Verifiable Training
Wednesday 22 and Thursday 23 August
Registration deadline Monday 13 August - a $50 per person late fee will apply after this date.


Non-Verifiable Training

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.

Understanding Certificates of Title and LIMs: Staying safe with the REA
Friday 14 August
Graham Crews presents this 2-hour workshop, covering off areas such as reviewing essential documentation, understanding disclosure obligations and understanding the detail around certificates of title and LIM reports.
The workshop will be followed by networking drinks.

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  
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.

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: Compensation and Exemplary Damages to Tenant for unconsented studio conversion

Facts: This was a periodic tenancy which commenced as a result of verbal agreement between the parties. The Tenant sought a refund of all rent paid as the premises were converted from a studio without consent. The Tenant also sought a declaration that the Landlord’s notice to terminate her tenancy was retaliatory (and therefore should be set aside), together with exemplary damages and compensation for various maintenance issues, including an ongoing issue with dampness and water pooling in the premises.

The relevant details were that the Tenant mentioned an ongoing dampness issue and also showed the Landlord the water ingress which caused damp areas, mould and damp stains in various places in the premises.

The Landlord gave her a 21-day notice to terminate the tenancy. Afterwards, the Tenant gave the Landlord a 14-day notice to fix the maintenance issues. The Tenant received the 14-day notice back with the Landlord’s handwritten note “sorry cannot afford to do this – so this is another reason for you to leave”. The Tenant then received an amended 42-day notice to terminate from the Landlord, as the Landlord found out that was the correct notice period if she required the premises back for a family member moving in.

Decision: The Tribunal ordered the Landlord to pay compensation and exemplary damages to the Tenant for the failure to maintain. It did not order a full rent refund, nor did it declare the Landlord’s notice to terminate as retaliatory.

The Tribunal held that the High Court decision Anderson v FM Custodians, which was the authority for full rent refunds to tenants if the tenancy comprised of non-consented dwellings, was persuasive only and not binding on the Tribunal. However, the Tribunal still found it was unacceptable for the Landlord to rent out the premises for residential use, because the evidence indicated the dampness problem likely related to an inherent defect rather than a one-off flooding. The Tribunal awarded compensation of $2,000 (equivalent to one-quarter of rent paid) for this breach, together with exemplary damages of $2,500 due to the public interest in ensuring landlords provide properties that meet a reasonable standard.

The Tenant was unsuccessful in claiming the Landlord’s notice to terminate was retaliatory, as the Landlord issued her notice before the Tenant sent a notice to fix to the Landlord.

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.

Anti-Money Laundering Update, Info Sheet and Resources

Lawyers obligations under anti-money laundering legislation began on 1 July. This is relevant to real estate agents because from 1 July, lawyers are required to verify the identity of their clients, including their vendor and purchaser clients.

Many lawyers will not agree to act for someone until they have been able to complete the identity verification process, which can take days and sometimes weeks, particularly where trusts and companies are involved. If the identity cannot be verified, the lawyer cannot act for the client and therefore conditional periods can lapse, property settlements can be delayed and, worst case, deals can fall over.

It is important that vendors and purchasers are made aware of identity verification requirements. We previously circulated to members the NZ Law Society info sheet on identity verification for distribution to vendors and purchasers. REINZ has also produced a very simple flyer (see below) that members can provide to vendors and purchasers - we recommend you make copies available at your open homes.

REINZ has also produced the following resources to assist agencies to develop an understanding of AML.
Click here for the REINZ AML Information Sheet
Click here for the REINZ identity verification info sheets, for vendors and purchasers | Click here for the Simplified Chinese version

For any questions regarding this matter, or anti-money laundering generally, please contact REINZ Legal Counsel Lisa Gerrard.

AML Information Seminars

REINZ is also holding a number of seminars to help agencies understand the nature of and obligations under the new regime in Auckland on the following dates (all seminars run from 11am-12pm):
AML Introduction - Thursday 26 July FULL
AML Introduction - Tuesday 21 August
AML Introduction - Friday 28 September
AML Introduction - Wednesday 24 October

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.


Ngā Kōrero : The Housing Crisis - Wellington

Ngā Kōrero  at St Peter's on Willis are taking on 'The Housing Crisis' in Wellington on Thursday 26 July from 5.30pm.

More information and registrations here.

Event will be live-streamed here.

Please note: this is not a REINZ event

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.