Local Authority
Property Association
Legislative Update
2014
Phillip Merfield and Donna Hurley
5 November 2014
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Introduction
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
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LGA 02 Amendment Act 2014
•
came into effect on 8 August 2014
•
key changes concerning decisionmaking:
– 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 longterm plans and annual plans
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LGA 02 Amendment Act 2014
• Other important changes
– Development
contributions
– Delivery of services
review
– Local boards
– Infrastructure strategy
– Electronic meeting
attendance
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Statutes Amendment Bill No 4
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• 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removal of outdated limitations)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”)
Real Estate Agents Act and
Fair Trading Act
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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
Real 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
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Real Estate Agents Act
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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
Fair Trading Act 1986
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• 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
Fair Trading Act 1986
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• 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
Proposed changes
Valuers Act 1948
• Reform of valuation
profession
• LINZ discussion
paper
• Why is reform
needed?
• Objectives of reform
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Questions
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