1.0 General Principles

1.1 Members shall ensure compliance at all times with the provisions of the Real Estate Agents Act 1976, Real Estate Agent's Audit Regulations 1977 and the Rules of the Real Estate Institute of New Zealand Inc ("REINZ").

1.2 Members shall demonstrate integrity, honesty and good practice in all their dealings.

1.3 Members shall not engage in any conduct which is misleading or deceptive or is likely to mislead or deceive or make any misrepresentations.

2.0 General

A Member, when acting as a residential property manager or letting agent (Manager) shall:

2.1 comply with all the laws of New Zealand, in particular the Residential Tenancies Act 1986, the Privacy Act 1993, the Human Rights Act 1993 the Secret Commissions Act 1908, and any amendments or subsequent legislation.

2.2 promptly report any alleged breach of this Code to REINZ, specifying the particulars of the alleged breach and providing originals or copies of relevant documentation.

3.0 The Letting or Management Authority

3.1 A Manager shall, prior to advertising a property for letting or commencing management of a property, obtain a signed authority.

3.2 An authority shall be signed by all the registered owners of the property, or record that the person signing the authority on behalf of all the registered owners of the property has a legal authority to do so.

3.3 The registered owners of the property, or an authorised agent signing the agreement on their behalf, shall be provided with a signed copy of the letting and/or management authority.

3.4 A letting and/or management authority should be in a standard form published by REINZ, or should include the terms and conditions set out in the form including, in the case of a management authority, the duties required of the Manager and the extent of the Manager’s authority.

3.5 A Manager shall use their best endeavours to keep the property owner fully informed of any tenancy, maintenance or other matters relating to a tenancy and the property.

4.0 Existing tenants and prospective tenants

4.1 A Manager shall give every prospective tenant a fair and reasonable opportunity to apply for a tenancy, and consider each application on its merit.

4.2 A Manager shall treat a tenant with courtesy and respect.

4.3 A Manager shall make a tenant aware of the necessity to obtain tenants’ contents and liability insurance.

4.4 A Manager shall make a tenant aware of the necessity to advise the Manager of any items, including swimming pools and their fences and gates (if any), which need attention or repair as soon as the tenant should reasonably be aware of a defect.

5.0 Tenancy documentation

5.1 Prior to letting a property a Manager shall make available to the property owner, upon request, the terms and conditions of the intended tenancy agreement.

5.2 A Manager shall complete all tenancy documentation with accuracy and clarity.

5.3 A proposed tenancy agreement shall be made available to an intending tenant who shall be given the opportunity to seek independent advice on the contents of the agreement.

5.4 A Manager shall, preferably in writing, make a tenant aware that they may have statutory obligations and benefits under relevant statutes, such as the Health and Safety in Employment Act 2002, Fencing of Swimming Pools Act 1987, Residential Tenancies Act 1986 and the Building Act 2004.

(September 2005)