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In The Know

29 June 2018

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Tom Panos is coming to Auckland!

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 in Auckland on Monday 6 August - only $75+gst for members, $100+gst for non-members!

Book your ticket now! - Spaces are limited
Check out the poster


Final Reminder: Wellington Regional Meeting - Free to attend

Join us next Wednesday 4 July from 5pm – 7pm for the Wellington Regional Meeting at Roxy Cinema with special guest David Perks from WREDA, along with Dame Rosanne Meo and REINZ CEO Bindi Norwell.
Please register for catering purposes or email Holly Adams.

Last Chance

Online Verifiable Training - 10% discount on the package price until 30 June.
If you haven't started your training, book the full on-line package now and get 10% off! Valid until 30 June 2018. Does not apply if you have already purchased some or all modules.

Property Management Workshop - Auckland
Monday 9 July
Key areas of compliance to keep you safe!

Enhanced Statistics Portal Workshop Training
Friday 6 July
In this one-hour training you will learn how to search for unconditional sales in areas, how to view unconditional sale results in Map and Table format and much more!


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.

Online Verifiable Training - 10% discount on the package price until 30 June.
If you haven’t started your training, book the full on-line package now and get 10% off! Valid until 30 June 2018. Does not apply if you have already purchased some or all modules.


Non-Verifiable Training

Managing Yourself and Others During Conflict
Wednesday 18 July
This is a MUST SEE for all Property Managers and Sales People. Learn how to deal with tricky customers, diffuse difficult situations, be assertive but not abrasive.

Property Management Workshop - Christchurch
Wednesday 22 August
REINZ comes to Christchurch! Key Prospecting Strategies and Growing your Rent Roll.


Region Dates Location  
July
Wellington 4 - 5 ASB Sports Centre Book Now
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

JUST ANNOUNCED

YPIRE Wellington Launch Event
Thursday 19 July, 6pm – 9pm
REINZ presents Young Professionals in Real Estate (YPIRE) Wellington Launch Event held at C.G.R Merchant & Co with special guest DK.
He is the TEDxWellington / TEDxWellingtonWomen licensee, founder of Creative Welly plus the Creative Leadership NZ conference. He also founded Mediasnackers and through it, has over a decade working in the social media space consulting / delivering training on five continents with a range of clients from UNICEF, Gates Foundation, BBC, Ubisoft, Hasbro.


Upcoming REINZ Regional Meeting

Wellington Regional Meeting
Wednesday 4 July, 5pm – 7pm
Join Dame Rosanne Meo in her final year as Chairman and Mark Coffey, Regional Director to hear Bindi Norwell speak about what's happening at REINZ and share the latest regional data. Our partner Property Press will share some relevant new research.
Download the poster


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.


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

July
Wellington Regional Meeting 4 July 5pm – 7pm The Roxy
YPIRE Wellington Launch Event 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
REINZ Awards Evening 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: Exemplary damages against Landlord for no oven

Facts: This was a current tenancy that began in April 2017. The Tenant sought compensation for having no water at the premises, exemplary damages because the Landlord provided no oven, and exemplary damages for breach of privacy and her right to quiet enjoyment.

Decision:The Tribunal awarded exemplary damages against the Landlord for the failure to provide an oven. It also made an order that the Landlord install an oven and an approved form of heating in the premises within 7 days, otherwise the Tenant may bring the claim back to the Tribunal for a possible money order against the Landlord. The Tenant’s other claims were dismissed as she failed to prove them.

The Landlord did not dispute that the premises had no approved form of heating or an oven. This breached the Residential Tenancies Act, which required landlords to comply with all applicable requirements relating to buildings and health and safety. In particular, the Housing Improvement Regulations 1947 require all premises to have an approved form of heating and adequate means of cooking food by boiling and cooking. In addition to the work order, the Landlord had to pay exemplary damages calculated at $25 per week for the 57 weeks that the Tenant was in the premises without an oven.

The Tribunal found the Tenant did not notify the Landlord when she became aware that an electrical fault caused disruption with provision of hot water. The Tenant’s failure to notify was a breach of the Residential Tenancies Act and the Tribunal rightly noted the Landlord could not be held responsible for something she was not told about.

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.


Insulation grants for landlords ends 30 June 2018

A friendly reminder that insulation will be compulsory in all rental homes from 1 July 2019. This deadline is approaching quickly. All insulation must meet the required standard set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations by 1 July 2019.

Grants of up to 50% of the cost of insulation are currently available under the “Warm Up New Zealand: Healthy Homes” programme for low-income homeowners and landlords with low-income tenants. If your landlord client wants insulation installed under this programme, they must sign a contract with an eligible provider before 30 June 2018 and have the install completed by 31 July 2018. Some service providers are experiencing high demand and may not be able to accept any further work under these grants.

Homeowners (not landlords) meeting eligibility criteria may receive a higher level of subsidy from 1 July 2018 under the new “Warmer Kiwi Homes” Government programme.

Click here for more information

Important AML Information

From 1 July 2018, all lawyers are required to comply with anti-money laundering legislation. This means that lawyers will begin carrying out identity verification checks on their clients from this date. To ensure that vendors and purchasers are aware that they will be asked for identity verification documents from this date, the New Zealand Law Society (NZLS) has prepared an information sheet for clients. The information sheet is available here.


NEW: August timeframe for publication of AML Guidance for Real Estate Agents

The Department of Internal Affairs will be delaying the publication of the guideline ‘Real Estate Agents – Complying with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act)’. This is in order to incorporate new regulations currently being consulted on and drafted by the Ministry of Justice.
AML/CFT regulations: Tranche 2 consultation

While the new regulations are small in number they are important and will have an impact on how real estate agents meet their AML/CFT obligations. Rather than having ‘before and after’ versions of the guideline which may result in some confusion DIA have decided to wait until the new regulations have been published online (gazetted) before the guideline is released. This is anticipated to be at the beginning of August 2018. This still provides plenty of time for real estate agents to access the guideline before they are covered by the AML/CFT Act on 1 January 2019.


Case Update: Tribunal ordered Licensee to pay Complainant’s legal costs for misleading statements

Facts:The Complainant complained about the Licensee’s conduct on several grounds. The CAC upheld one complaint and dismissed the other grounds. The Complainant appealed to the Disciplinary Tribunal against the CAC’s substantive decision and its penalty decision.

The main allegations were that the Licensee made misleading statements about the property being in a particular school zone. The Complainant had on several occasions asked the Licensee specifically whether the property was in the school zone. The Complainant complained when it turned out the property was not in the school zone, and sought reimbursement from the Licensee for his legal costs, interest on his deposit and bank charges incurred for cancelling the loan he had obtained for this purchase.

The CAC agreed the Licensee was misleading in the school zone issue but declined to order the Licensee to reimburse any costs sought by the Complainant. In declining to make this order, the CAC considered, amongst other matters, that the misleading statement about the property’s school zoning was unlikely to be material to the Complainant, and because the Complainant may seek costs from the vendor instead.

Decision:The Disciplinary Tribunal upheld the CAC’s substantive decision, but considered the CAC was “plainly wrong” to say there was no evidence that the school zoning was important to the Complainant. The Tribunal noted the Complainant made two specific written enquiries about the issue to the Licensee. Further, the CAC should not have considered whether the Complainant could seek costs from the vendor instead – this was irrelevant to whether the Licensee should reimburse those costs to the Complainant in a professional disciplinary context.

The Tribunal ordered the Licensee to reimburse the Complainant’s legal costs, as it was clear he didn’t know about the true school zoning when he signed the Agreement, so he would have to incur legal costs in any event if he wants to cancel it.

However, the Tribunal declined to order the Licensee to reimburse the Complainant’s bank charges and interest on his deposit, as it was not clear whether, before the Complainant paid the deposit and accepted the bank’s loan offer, he was aware of the true school zoning. If he had known the true zoning before paying the deposit and accepting the bank’s offer, he would have avoided incurring those costs.

Click here for the decision.

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.

Winter Insulation Reminder: All rental homes must be insulated by July 2019 to avoid $4,000 fines.

Changes to the RTA mean there are new requirements for insulation in rental homes. A landlord who fails to comply with the regulations will be committing an unlawful act and may be liable for a penalty of up to $4,000.

Check out details on the Tenancy Services website.

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.