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In The Know

26 January 2018

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Kicking off 2018

Please note that REINZ Head Office will be closed this coming Monday, 29 January for Auckland Anniversary. We will be opening again from 8:30am, Tuesday 30 January.

Misconduct Finding for Failure to Disclose Meth Contamination and Allowing Access to Contaminated Property

Facts: The complaint relates to a property, which the Licensee marketed. A potential purchaser submitted an offer, conditional on a meth test. The initial test report (“the initial report”) recorded contamination and recommended a detailed site investigation. The initial report also recommended that appropriate protective equipment should be worn by persons entering the site. This offer did not proceed further, nor was a detailed site investigation carried out.

Later that year, the Complainants were looking to buy a property for their daughter and her two young children. The Licensee did not provide the Complainants with a copy of the initial report, nor did he give the Complainants any written advice concerning the failed test, or meth contamination.

The Complainants purchased the property, and their daughter and her children moved in. A few months later, the Complainant’s daughter received an anonymous letter concerning a “drug test” and contamination at the property. She promptly moved out of the property with her children. A detailed site investigation was carried out with a report issued confirming an “overall moderate level” of meth contamination.

Decision: The Disciplinary Tribunal found the Licensee guilty of misconduct.

There is disputed evidence about what the Licensee said to the Complainants (if anything) about the property having been tested, and the results of the initial report.

Ultimately, the Tribunal preferred the Complainants’ evidence. The Licensee was found to have breached Rules 6.4 and 10.7, for failing to disclose the property was tested positive for meth contamination, and for allowing the Complainants to access the property, despite a warning in the initial report, without making enquiries as to whether it was safe to allow that access.

The report that the agent failed to disclose stated that meth was present at levels of “0.1mcg/ 500m2”. This level is below both the old MOH guidelines and the levels in the new Standard. Accordingly, this case suggests that disclosure should be made regardless of the level of meth.

A particular lesson from this decision is to keep detailed file notes, especially with regards to disclosures you make to prospective purchasers about a property, including whether you sought any advice from your manager/supervisor (and the advice received), and to safeguard such notes. In this case, the Licensee attempted to support his version of events with a diary note he produced. However, the Tribunal noted several concerns with the contents of the note, which prevented the Tribunal from accepting it as conclusive evidence of what the Licensee told the Complainants.

Click here for the decision.

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.

2018 REINZ 15th Annual Fishing Tournament

Friday 2 March - Auckland Sailing Club, 8 Tamaki Drive, Auckland

This is gearing up to be a great day with spot prizes and $2,250 worth of cash prizes up for grabs - check out the poster!
8am – 5pm with weigh-in between 3pm – 4pm

$50 + gst per person
If you want to join in on the fun, but don't have a boat, get in quick and secure your spot on the Property Press charter boat - available now!
Angler Entry + Property Press Charter (bring your own gear) - $95 + gst per person
Angler Entry + Property Press Charter (includes gear hire) - $115 + gst per person

The registrations for the 2018 REINZ Fishing Tournament are now open and you can purchase all tickets online through Eventbrite

Please feel free to send this link through to any others that you know may be interested in the competition.
Friends, family and clients are all welcome to join, but please ensure that everyone is registered.

Book those charters now and come and enjoy a fun, competitive day on the water!
If you have any questions, please get in touch via events@reinz.co.nz

Click here for a full list of events for 2018.

2018 Verifiable Education

Good news, all 2018 Verifiable Training Seminars are now available to book online, with the first two trainings happening in Auckland on 20 - 21 February, and in Christchurch on 7 - 8 March.

Please note: numbers are limited in some locations, so please make sure you secure your spot.

Region Dates Location  
February
North Shore Auckland 20 - 21 Netball North Harbour Book Now
March
Christchurch 7 - 8 The Atrium Book Now
Queenstown 21 - 22 Mercure Queenstown Book Now
April
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

Trust Receipt and Rental Receipt Books available through REINZ

Before you place your next order elsewhere, please check out our pricing for these products.

You can order both Trust Receipt Books and Rent Receipt Books through REINZ, and get competitive pricing for these products.

They can be ordered through our website https://reinz.co.nz/web-store. We also have a store order form available, which you can download here.

If you have any queries whatsoever please do not hesitate to contact the Membership Team on 0800 473 469.