Last chance to register

PropertySmarts Workshop - Free
Friday 8 May
Presented by Deborah Barns – REINZ Digital Product Manager. Come join us for a 1-hour tutorial on PropertySmarts. This course includes training on different elements of the tool.

AML Workshop - Free.
Thursday 10 May
Presented by Richard Manthel from AML Solutions Limited and Lisa Gerrard.

New Plymouth Verifiable Training Seminar
Friday 8 May
Registration deadline Tuesday 8 May - a $50 per person late fee will apply after this date.

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Non-Verifiable Training

Property Management Workshop - Prospecting Strategies
Friday 18 May
For Property Managers, Agency Owners and Business Development Managers looking for strategies to grow your portfolio.
Check out the poster here

Sales Excellence with John Abbott.
Thursday 7 June
Ramp up your sales skills in this interactive workshop.

Compliance Review 2018: Staying Safe with the REA.
Wednesday 13 June
Presented by Graham Crews with special guest: Kevin Lampen-Smith, CEO of the REA.

Social media workshop.
Friday 22 June
Using LinkedIn and Facebook to target your customers.

Keep up with the latest non-verifiable courses being updated here.

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Webinars

Don't miss our ever-growing list of on-line webinars – new content and presenters for 2018!

 

Click here for more information.

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Verifiable Training

Hamilton Verifiable Training Seminar
Wednesday 23 & Thursday 24 May
Registration deadline Monday 14 May - a $50 per person late fee will apply after this date

Invercargill Verifiable Training Seminar
Wednesday 23 & Thursday 24 May
Registration deadline Monday 14 May - a $50 per person late fee will apply after this date

Region	Dates	Location
May
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
June
Taupo	6 - 7	Great Lakes Centre	Book Now
Rotorua	20 - 21	Holiday Inn	Book Now
Whakatane	27 - 28	Tuscany Villa	Book Now
Timaru	27 - 28	The Grosvenor	Book Now
July
Wellington	4 - 5	ASB Sports Centre	Book Now
Nelson	25 - 26	Trailways Hotel	Book Now
Palmerston North	25 - 26	Hotel Coachman	Book Now

Upcoming REINZ Regional Meeting

Manawatu and Wanganui Regional Meeting - Wednesday 20 June, 4pm – 6pm
Come and join Mayor Grant Smith, Dame Rosanne Meo, Bindi Norwell and Richard Warner from Property Press as they share their insights into what is happening in the region.
Download the poster

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Upcoming REINZ Breakfasts and Seminars

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

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Earlybird 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.

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.

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!

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 - 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
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

Reminder to Lodge the Bond and Provide a Receipt within Statutory Timeframe

Facts: This was a periodic tenancy where the Tenants claimed:

 

• the Landlord did not lodge the bond within the required time and did not provide a receipt;
• the Landlord issued a retaliatory termination notice;
• the smoke alarm was not operational at the start of the tenancy;
• there was verbal abuse and assault by the Landlord; and
• the property was illegal.

 

Decision: The Tribunal held the Landlord breached the Residential Tenancies Act (“RTA”) by failing to lodge the bond and provide a written receipt within the required time. The Tribunal dismissed the rest of the Tenant’s claims due to insufficient evidence but made useful observations about “illegal” properties.

Section 19 of the RTA requires landlords to lodge the bond with Tenancy Services within 23 working days of receipt. That section further requires a landlord to provide a written receipt to the tenant “forthwith” upon receipt of the bond. The Landlord in this case did not adhere to these timeframes. This was an unlawful act and exemplary damages of $200 was awarded.

Regarding the claim that the property was “illegal”: The property had no Code Compliance Certificate (“CCC”) but the Landlord provided evidence that construction was completed in accordance with the building consent. The Tribunal did not find that lack of the CCC alone was enough to support a finding that the property was “illegal”. There may be a technical breach of section 45 of the RTA. But there was no evidence that there was a failure to comply with the Building Act in the way the property was built. The Tenant also suffered no disadvantage. No compensation was awarded to the Tenant on this ground

Click here for the decision.

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Compensation to Tenants for Prolonged Construction Work

Facts: This was a fixed-term tenancy of an apartment. The Tenants claimed a full refund of rent for 58 days during which the apartment was closed in with hoardings, because tradespeople removed the windows and their frames.

The Tenants relied on a letter that was appended to their tenancy agreement, which explained the building was undergoing renovations and detailed the timing and nature of the works. The letter stated no rent was payable for the days where windows in the unit were removed.

As things turned out, the work started much later and was much more protracted than was promised in the letter. The Tenants also sought compensation for unlawful entry by tradespeople to remove the hoardings.

Decision: The Tribunal upheld the agreement in the letter and ordered a remission of the rent for 58 days to be awarded to the Tenants.

The Tribunal also considered tradespeople did unlawfully entered the premises and noted that whilst the tradespeople were doing a job that the Tenants wanted, they had to obtain the Tenant’s consent first and respect their privacy. The Tribunal awarded exemplary damages of $400 to convey the message.

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.

The deadline for Anti-Money Laundering Compliance for Real Estate Agents is looming.

REINZ and AML Solutions have teamed up to provide an AML offering designed to save time, reduce cost, and reduce the reputational and financial risks associated with non-compliance.

In the first instance we encourage you to contact AML Solutions and front foot your compliance obligations. AML Solutions will be able to provide relevant information, and tailored processes and pricing to assist your business.

Please contact: Andrew Freeman-Greene or phone 09 520 1144

AML Conference: AML Solutions holds an annual conference and the first day (17 May) is specifically designed for Real Estate companies and other Phase 2 Reporting Entities. Please follow the link to attend

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Disclosure of Prior Meth Test after Property was cleaned

Facts: The complaint concerned a property for sale by auction. The Complainants were ultimately unsuccessful in purchasing the property. The crux of their complaint was that the Licensee did not disclose a prior meth test report which showed positive readings, and that the Licensee did not treat them fairly in the multi-offer process after the property was passed in at auction.

The Licensee accepted she did not provide the first report to the Complainants before the auction because of instructions from the vendor’s solicitor. The vendor’s solicitor advised that the first report should not be disclosed as the property had been cleaned. The Licensee took independent legal advice after the auction and then disclosed the first report as a result of the independent advice.

Decision: The CAC found the Licensee’s failure to disclose the first test report to be a breach of Rules 6.1 (duty to act in good faith), 6.4 (duty not to mislead, provide false information, or withhold information that should by law or in fairness be provided to a customer or client) and 10.7 (disclosure of defects). The Licensee was found guilty of unsatisfactory conduct. The CAC dismissed the part of the complaint that related to the Licensee’s conduct in handling the multi-offer process.

In relation to disclosure of the first report, the CAC commented that the Licensee “should have appreciated that those bidding at the auction were entitled to know this information, as they may have wished to have independent testing of the whole property completed as a condition of purchase”.

 

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.

Calling all PA'sand Administrator's

We would like to invite you to come along to our Administrators’ evening event at the REINZ Centre of Excellence in Grafton. Please join us for drinks, nibbles, networking and a tour of our new event space. Thursday 17 May, 6pm – 8 pm.

Register here or email Lisa Stern

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.