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Local Authority Property Association
Legislative Update 2014
Phillip Merfield and Donna Hurley
5 November 2014
www.simpsongrierson.comIntroduction
Outline of legislative changes affecting property:
– Local Government Act 2002
– Statutes Amendment Bill (No 4)
– Real Estate Agents Act 2008
– Fair Trading Act 1986
Proposed legislative changes to Valuers Act 1948
www.simpsongrierson.comLGA 02 Amendment Act 2014
• came into effect on 8 August 2014
• key changes concerning decision-making:
– significance and engagement policy
– assess advantages and disadvantages of options
– more flexibility for special consultative procedure
– requirements to consult in accordance with, or in a manner that gives effect to, section 82
– changes to consultation for long-term plans and annual plans
www.simpsongrierson.comLGA 02 Amendment Act 2014
• Other important changes
– Development contributions
– Delivery of services review
– Local boards
– Infrastructure strategy
– Electronic meeting attendance
www.simpsongrierson.comStatutes Amendment Bill No 4
• Changes affecting local authorities
– Local Government Act 1974 (temporary road stopping)
– Local Government Act 2002 (presumption regarding alcohol in alcohol ban areas)
– Local Government Official Information and Meetings Act 1987 (substantive amendments)
– Ombudsmen Act 1975 (grounds to refuse to investigate)
– Reserves Act 1977 (transfer of reserves to Crown and removal of outdated limitations)
– Sale and Supply of Alcohol Act 2012 (various “tweaks”)
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Real Estate Agents Act and Fair Trading Act
How will these affect you?
• The Real Estate Agents Act 2008
• Are you are real estate agent?
• You are if you do “real estate agency work”.
• “Real estate agency work” is any work done or services provided:
- in trade
- on behalf of another person
www.simpsongrierson.comReal Estate Agents Act
- for the purposes of bringing about a transaction
• “Transaction” is:
- Sale, purchase or other disposal or acquisition of a freehold estate or interest in land
- Grant, sale, purchase or other disposal or acquisition of a leasehold estate or interest in land (but not residential tenancies)
- Also registered licences, occupation rights
www.simpsongrierson.comReal Estate Agents Act
businesses (either with or without any interest in land)
• Exclusions from “transactions”:
- general advice to assist owners to locate and negotiate with potential buyers
- publishing advertisements
- lending money
- Investment advice
- providing conveyancing services
www.simpsongrierson.comFair Trading Act 1986
• Major changes from 17 June 2014:
• Unsubstantiated representations
- Section 12A to 12D
• You can’t in trade make an unsubstantiated representation
• A representation is unsubstantiated if you have no reasonable grounds for making it at the time it was made, irrespective of whether it was false or misleading
www.simpsongrierson.comFair Trading Act 1986
• A representation is a claim (express or implied) made in respect of goods, services or an interest in land
• You can’t contract out of this provision – section 5C
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Proposed changes Valuers Act 1948
• Reform of valuation profession
• LINZ discussion paper
• Why is reform needed?
• Objectives of reform
www.simpsongrierson.comQuestions