Bridget Coates appointed new REINZ Chair
Following the retirement of Independent Director Dame Rosanne Meo, who has been Chair of the REINZ Board for the last eight years, REINZ is delighted to announce that Bridget Coates has been appointed as the new Chair. Miriam Dean has been appointed Deputy Chair of the Board, and Angela Bull has been appointed Chair of the Audit & Risk Committee.
Three new REINZ Life Members announced
The Real Estate Institute of New Zealand (REINZ) is delighted to announce that it has elected three new life members; Brian Waldegrave, Euon Murrell, and Graham Crews at its recent AGM.
Bindi Norwell, Chief Executive at REINZ says: “It is fantastic to welcome three new Life Members to the Real Estate Institute. Brian, Euon and Graham have all contributed a significant amount to the real estate industry over the years and this recognition from the industry and their peers speaks volumes to their service and value.”
Read the full press release here.
Applications now open for REINZ Head of Property Management Position
Location: Auckland
Applications are sought from suitably experienced property managers for the role of Head of Property Management at REINZ. This newly established position offers an exciting opportunity to join REINZ and take a lead role in further developing REINZ’s offering for the property management industry. The Head of Property Management will work across all teams within REINZ, providing specialist residential property management advice and expertise. Acting as the liaison between the property management industry and REINZ, the Head of Property Management will assist REINZ to execute and deliver its strategic objectives for property management. As this is a senior role, we seek applications from candidates with:
- Proven, relevant residential property management experience;
- A thorough understanding of relevant legislation;
- Experience developing and delivering compliance and training material;
- Excellent communication skills, both written and verbal;
- Business development experience;
- Operations and/or project management experience.
Please forward applications (including a CV and covering letter) to Lisa Gerrard. Applications close 28 November 2018.
For enquiries, please contact Lisa Gerrard, CLO/ GM Membership and Advocacy, 021975630.
Case Update: When is a motel a motel? High Court interprets commercial lease
Facts: The Defendant was the owner of a property leased to the Plaintiff. A condition in the lease required the property to be used solely as a “motel and bed and breakfast business”. The Defendant gave notice to cancel the lease because the Plaintiff was using the property to accommodate emergency Work and Income clients. The Plaintiff raised four arguments. First, the Work and Income clients’ use of the property was akin to that of a “boarding house”. Secondly, their period of stay was longer than a typical tourist. Thirdly, tourists typically have an itinerary of stay whereas the Work and Income clients stayed until they were relocated. Fourthly, the arrangement with WINZ required exclusive use of the motel units meaning that members of public could not book, and the motel could not promote itself. The Defendant argued that the Work and Income arrangement did not constitute a change in the use of the property. Both parties cited various definitions of “motel and bed and breakfast” in support of their cases. The question for the court to consider was when did a motel cease to be a motel?
Decision: Under s 253 of the Property Law Act 2007, the holder of a lease can apply to the Court for relief against its proposed cancelation. Justice Downs dismissed the argument that the Work and Income clients’ use was akin to that of a “boarding house” and that their patterns of stay were different. There was no evidence to support these claims. The Judge dismissed the argument that a change in the reason people were using the motel for changed its status as a motel; people commonly use motel units for different reasons. Finally, the Judge dismissed the exclusive access argument. The units were paid for irrespective of the nature of occupancy and the motel continued to operate as one. It followed that the Defendant had no basis to cancel the lease.
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.
REINZ and Real-iQ deliver the NZ Certificate in Residential Property Management
Lift your professionalism and standards and prepare yourself now for potential industry regulation.
Click here for more information.
Case Update: Tribunal allows appeal regarding unsatisfactory conduct by Agent
Facts: The Appellant appealed a decision of the Complaints Assessment Committee which found that he had committed unsatisfactory conduct. The Committee found that the Appellant breached section 50 of the Real Estate Agents Act 2008 by failing to supervise another agent. Section 50 requires that a salesperson must, in carrying out any agency work, be properly supervised and managed by an agent or a branch manager. The Committee found that the Appellant had made an “insufficient effort” on behalf the Agency to ensure that a salesperson was adequately supervised by another agent. The salesperson in question negligently misstated that a property could be subdivided while under the supervision of the other agent. The Committee based its reasoning on the idea that the Appellant was the Agency’s “eligible officer” because it was his status as a licensee that allowed the Agency to be registered as an agent. Therefore, he had additional supervision responsibilities.
Decision: The READT did not accept the Committee’s reasoning that the Appellant was an “eligible officer”. There is no such concept in the Act. It was not appropriate to superimpose additional responsibilities on the Appellant based on the idea of an “eligible officer” which has no foundation under the Act. The Tribunal explained that as part of the Appellant’s role he bore management responsibilities including ensuring arrangements existed for agents and branch managers to supervise salespersons and monitor that this in fact occurs. This did not absolve other licensees from their own responsibilities to supervise salespersons. The Appellant was entitled to assume, in the absence of enquires from the agent or salesperson involved, that the delegation structure was being followed. As a result, the Tribunal concluded that that the Committee erred in making the finding of unsatisfactory conduct.
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.
Non-Verifiable Education
Anti-Money Laundering Nationwide Roadshow
Final chance to book in for Wellington workshop! Book now
Additional Auckland seminar added, due to high demand! Thursday 13 December.
If you would like to arrange individual training for your brand or office, please do not hesitate to contact AML Solutions at realestate@amlsolutions.co.nz
C&I Breakfast - Assessing Land for Risk Management - Free Seminar - LAST CHANCE!
If you are buying or selling commercial or industrial property, or have property developer clients, it’s important to know what lies beneath the land! Historical contamination, hazardous materials from past construction and other environmental issues may cause additional costs if not assessed in time.
Book now for the English Seminar - 7.15am - 8.45am
Book now for the Mandarin Seminar - 10.00am - 11.30am
Verifiable Training
Don't forget to complete your 2018 verifiable training by 31 December 2018.
Book your online verifiable training here
Events on Khyber
Planning your 2019 event, training session or need a fresh space?
Early bird discounts available on room hire at Events on Khyber. See more here.
Face-to-face training
Enhanced Statistics Site Training
Wednesday 12 December, 10am - 11am
Enhanced Statistics Site Training
Wednesday 12 December, 11.15am - 12.15pm
eForms Training - Auckland
Wednesday 19 December, 10am - 11am
FlexiSign Training
Wednesday 19 December, 11.15am - 12.15pm
Webinar Training
LVR changes effective from January 1
From January 1, up to 20% of new loans will be allowed to be to owner-occupier borrowers with equity of less than 20%. At present, only 15% of new lending can be to this group. Before the rules were first introduced in 2013, lending to low-deposit borrowers was about 30% of bank business.
Up to 5% of new lending will be allowed to be to investors with deposits of less than 30%. At present the threshold is 35%.
Read the full article here.
Trust Receipt Books - LAST CHANCE!
The cut off date for Receipt Book orders is fast approaching. We recommend that you have your orders into us by the close of business on Tuesday 4th December for guaranteed delivery prior to Christmas.
Order form available here.
You can start placing orders again from Monday 14 January 2019.
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.
