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Bridges thanks Coleman for his service

Source: National Party – Headline: Bridges thanks Coleman for his service

National Party Leader Simon Bridges has thanked retiring MP Jonathan Coleman for his many years of dedication and service to the National Party and New Zealand, and wishes him and his family all the best for the future.

“Jonathan has had a long and distinguished career in politics, including 13 years as MP for Northcote and nine as a Minister.

“He has been a diligent and committed colleague who has handled a range of challenging portfolios with a focus on getting results.

“As Immigration Minister he focussed policy on importing skills and capital while fundamentally reconfiguring the immigration network.

“As State Services Minister he oversaw legislation that implemented the biggest changes to public service operation in a generation.  

“During his time as Defence Minister, New Zealand’s defence relationship with the U.S. continued to grow closer and Dr Coleman oversaw the withdrawal of New Zealand troops from three major deployments – Afghanistan, Timor Leste and the Solomon Islands.

“At the same time he drove the reconfiguration of NZDF to support New Zealand’s future foreign policy intentions.

“As Associate Finance Minister he was involved in the delivery of three very successful Budgets.

“And finally as Health Minister, Dr Coleman initiated and drove the New Zealand Health Strategy – the blueprint for the future of New Zealand health services – while delivering a continued increase in access to clinical services across the board.

“My colleagues and I wish Jonathan and his family the very best for this new phase of their lives. 

“The National Party will now focus on earning the right to continue to represent the people of Northcote.

“I am confident that the new National Party candidate will show they have a real understanding of that community’s aspirations and a commitment to working with local people to achieve them.

“They will be backed by a strong and focused National Party committed to representing the interests of all New Zealanders. We will continue to develop new plans and policies to build on New Zealand’s strong recent progress and take us positively into the 2020s,” Mr Bridges says.

Dr Coleman’s resignation date will be determined in the next few days.

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Jonathan Coleman steps down from politics

Source: National Party – Headline: Jonathan Coleman steps down from politics

National’s Northcote MP Jonathan Coleman has announced today that he is stepping down from politics to take up a new role in the private sector as CEO of Acurity Health Group.

“It’s been a huge privilege to serve as a Member of Parliament for the past 13 years, nine of them as a Cabinet Minister. I have greatly enjoyed my time as a Member of Parliament, and am proud of the work I’ve been involved in, both as a Minister and as the MP for Northcote.

“I especially wish to thank the people of the Northcote electorate for their support over those years.

“I also feel fortunate to have had a long and stimulating career as a Minister and to have worked closely with two great Prime Ministers in Sir John Key and Bill English.

“I was not looking to leave Parliament, but received an unsolicited approach from Acurity. It’s a very exciting opportunity that utilises my skills and draws on my background both outside and inside Parliament.

“It is clear to me that it is the right time to embrace this unique offer as I look to a future beyond politics.

“It’s also a great chance for the National Party to bring strong new talent into the team as the party builds towards the 2020 election in two and a half years.

“I wish to acknowledge and thank Simon Bridges and wish him and my caucus colleagues well on their path back to the Treasury benches,” Dr Coleman says.

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Police looking to locate Lauren Smith

Source: New Zealand Police –

Headline: Police looking to locate Lauren Smith


Location:

Waikato

Police are continuing enquiries to locate 42-year-old Hamilton woman, Lauren Smith, after a warrant for her arrest, for abduction, was issued last week.

“Police believe Ms Way left the country with her 11 year-old son last week and we are working with Interpol and overseas law enforcement to locate them,” said Detective Sergeant Terri Wilson of the Hamilton Child Protection Team.


Images(s):

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Minister called on to reform tertiary education funding model

Source: Tertiary Education Union – Press Release/Statement:

Headline: Minister called on to reform tertiary education funding model

Students, staff, and Vice-Chancellors have come together to call on the Minister for Education, Chris Hipkins, to work with the sector to change the existing funding model for tertiary education. Representatives at the Voices from Tertiary Education forum on 9 March 2018 at the Victoria University of Wellington called for the change as part of a wide ranging statement that sets […]

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Today is World Water Day

Source: Ministry for the Environment – Press Release/Statement:

Headline: Today is World Water Day

World Water Day is a United Nations initiative to focus attention on the importance of water. For New Zealand, it’s an opportunity to acknowledge the efforts of the many thousands of New Zealanders who are taking action to improve water quality and restore our streams, lakes and rivers.

We support a lot of great initiatives through our funding programmes

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Health Quality & Safety Commission e-digest – Issue 80 online now

Source: Health Quality and Safety Commission – Press Release/Statement:

Headline: Health Quality & Safety Commission e-digest – Issue 80 online now

Health Quality & Safety Commission

In this issue

Quality and safety improvement

  • Presentations from Let’s Talk: our communities, our health
  • A day in the life of the Toiora exercise class
  • What cancer taught me
  • Dr Lynne Maher on co-design
  • The ripple effect
  • Advance Care Planning Day, 5 April 2018
  • Advance care planning brochure

Reducing harm

  • Blog: Zero seclusion: It’s about teamwork
  • Zero seclusion infographic
  • April Falls 2018 update
  • Live Stronger for Longer
  • Pressure injury measurement frequently asked questions
  • Patient Safety Week 2017 evaluation

Reporting and commentary

  • Call for nominations for four mortality review committees
  • Vacancy for a communications coordinator

Events

  • Putting prevention first: Leadership and action on preventing healthcare associated infections
  • BMJ International Forum on Quality & Safety in Healthcare
  • Eighth biennial Australian and New Zealand falls prevention conference

 

 

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Lessons for Waikato DHB out of report

Source: New Zealand Government

Headline: Lessons for Waikato DHB out of report

Health Minister Dr David Clark says he expects District Health Boards to be acutely aware of the need for proper oversight and control of executive expenses.
The State Services Commission has released the Ombler Report into allegations of unjustified expenditure at the Waikato DHB. It found that more than half of the former chief executive Dr Nigel Murray’s expenditure on travel and accommodation was unjustified.
“The public rightly expect DHBs leaders to be careful stewards of health funding, and so do I.
“Health funding should be used for health care and prevention. There needs to be clear justification for spending on travel and related costs.
“This report confirms that was sadly not always the case at the Waikato DHB. There was a notable failure of leadership and oversight.
“As Minister I will hold DHB chairs accountable for the spending on their watch. There needs to be transparency around expenses, including written authorisation for significant travel costs and robust processes for manager’s expenses.
“Oversight will also be bolstered by the changes announced last month in the State Sector and Crown Entities Reform Bill.
“To say this has been a disappointing episode for all involved is an understatement, but I have no doubt that lessons have been learned.
“I now expect the Waikato DHB to concentrate on its real job – delivering quality health care for the people of Waikato. I have every confidence that the acting chair Sally Webb will ensure they do just that,” David Clark said.

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Signing an agency agreement

Source: Real Estate Agents Authority – Press Release/Statement:

Headline: Signing an agency agreement

Summary of important things to know

  • An agency agreement is a legally binding contract between you, the seller of the property, and a real estate agency.

  • Sole agency agreements and general agency agreements allow different things.

  • You can negotiate what’s in an agency agreement, including the timeframe it covers, how much commission you’ll pay and any expenses you’ll pay.

  • You need to read and understand the agency agreement, and you should also get legal advice before you sign it.

  • Your real estate agent must tell you about any rebate, commission or discount they receive in connection with any work they do for you.

  • It’s important to check that your agent is licensed. Use REA’s public register to check their details and see if they’ve had any complaints upheld against them in the last 3 years.

  • If you deal with an unlicensed person, the Real Estate Authority won’t be able to help you if things go wrong.

  • Remember, the real estate agent works for you, the seller, and you pay them for their services. Make sure you’re happy with their approach before you decide to sign an agreement with them. If you are unsure about any terms in the agency agreement, seek independent legal advice.

  • It is important to tell the agent everything you know about the property because an agent is required to disclose known defects of a property to a potential buyer. An agent may cancel an agency agreement if you instruct them not to disclose known defects.

  • Agents must give you a copy of REA’s agency agreement guide before you sign an agency agreement.

What an agency agreement is

An agency agreement is a legally binding contract between you and the real estate agency that helps to sell your property. An agency agreement gives the agency the right to market your property for sale.

The agreement sets out all the terms and conditions of your contract such as what your agent will do for you and what you’ll pay them. If you use an agency to sell your property, you must sign an agreement with them first.

While an individual agent may sign you up, your contract is between you and the agent or agency they work for. Depending on the conditions of the agency agreement, once you’ve listed your property, any agent in the agency can try to sell it.

What the agent should tell you before you sign

A written estimate of your sale price

This is the agent’s best estimate of the price they expect your property could sell for, based on sales of similar properties in your area. This is referred to as an appraisal or a current market appraisal (CMA).

How they recommend selling your property

They should recommend the best way of selling your property, for example, by advertised price, tender, auction or deadline sale. The agreement will set out how you’ve agreed to sell and what marketing you’ve agreed the agency will do.

The agency agreement will include a listing price if your property is being marketed with an advertised price but not if it’s being sold by another method.

What commission you’ll pay

They should tell you what commission you’ll have to pay them, when you’ll have to pay and how this payment is calculated. Commissions can vary between agencies, so you may want to compare different agencies or negotiate with your preferred agency. The agent must explain the formula used and give you an estimate in dollars of the commission you’ll pay if your property sells at their estimated price. Usually, the agency will take their commission out of the deposit when the agreement for sale and purchase becomes unconditional.

What expenses you’ll pay for

Usually you pay extra for marketing the property, but you don’t have to pay extra if you don’t want to.

Ask what marketing is provided for free by the agency, for example, they may put details of your property in the agency’s office or on its website. 

You need to consider the cost of extra marketing against the possible benefit. The agency should prepare a detailed marketing plan explaining what you’re paying for and when. Remember, you’ll have to pay for the extra marketing even if your property doesn’t sell.

When the agency agreement ends

There must be a set date or timeframe from the time the agency agreement is signed that tells you when the agreement ends. The agreement must also say under what circumstances you might have to pay commission after the agreement ends.

What’s in an agency agreement

While the layout and content of agency agreements can vary between agencies, all agency agreements should include the following things.

Details about the property for sale
  • The address of your property.
  • The chattels to be sold with your property (for example, whiteware or curtains).
  • Details about your property.

You must make sure that any details you give the agent are accurate. If you don’t, you may leave yourself open to legal action from a buyer.

It is important to tell the agent everything you know about the property. An agent is required to disclose known defects of a property to a potential buyer. You may not instruct an agent to withhold this information. An agent may cancel an agency agreement if you instruct them not to disclose known defects.

Details about the parties to the agreement
  • Your name, address and other contact details.
  • Your lawyer’s or conveyancer’s name and contact details.
  • The name of the agent mainly responsible for marketing and selling your property.
  • The agency’s name and address.
Who has the authority to sell the property

If you’re not the sole owner of the property, either all owners must sign the agency agreement or you must show you have the authority to sign for all the other owners. (You will need to provide the agent with written confirmation, such as a power of attorney, a resolution of trustees, company minutes or a court document.)

Confirmation that you’ve been given a copy of the guide

Your agent is legally obliged to give you a copy of REA’s agency agreement guide before you sign an agency agreement. They also have to get your written confirmation that you’ve received it.

Download a copy of the residential property REAA agency agreement guide  here [PDF, 2.2 MB] .

Download a copy of the Chinese version of the residential property agency agreement guide here [PDF, 2.5 MB] .

Details of what you authorise the agency to do

The agency agreement appoints your chosen agency and sets out what you authorise them to do, for example:

  • advertising your property for sale at the price, in the way and on the conditions you’ve agreed to
  • arranging inspection of your property by prospective buyers
  • receiving a deposit on your behalf
  • taking their commission from the deposit.
The type of agency agreement and how long it lasts

The agency agreement will state whether it’s a sole agency or general agency agreement, when it starts, when it ends and how to end it. It is up to you and the agency to agree how long the agreement will last.

Sole agency and general agency agreements

A general agency agreement gives more than one agency the right to market your property. You’ll sign a separate agreement with each agency, but you should only pay a commission to one agency. The agencies should talk to you if there is a risk of you paying two commissions.

A sole agency agreement gives one agency the exclusive right to market and sell your property.

If you sign a sole agency agreement, there are some things you should be aware of:

  • You shouldn’t sign another agency agreement with anyone else. If you do, you may have to pay both of the agencies a commission when your property sells.
  • If you sell the property privately with a sole agency agreement in place, you will still need to pay the agency a commission when you sell.
  • If you change your mind immediately after signing, you can cancel the agreement by 5pm on the first working day after the agent has given you a copy. You must cancel in writing (for example, by letter or email).
  • If you sign a sole agency agreement for a term of more than 90 days, either you or the agency can end the agreement after 90 days. This must be done in writing.

In some agreements, cancelling a sole agency agreement means it becomes a general agency agreement. You’ll need to cancel this too if you don’t want to continue with the agency.

Details of any rebates, discounts or commissions the agent may receive

If an agent gets a discount, rebate or commission on any services they arrange for you and you’re paying for, they have to tell you. For example, an agent may receive a discount on the cost of advertising your property in a newspaper.

This disclosure is done in a form that must be included in the agency agreement.

The form must state either the estimated amount of rebate, discount or commission and its source or that the agent won’t be receiving any rebates, commissions or discounts.

Recommended standard clauses

Real estate agencies can choose to use standard clauses in their agency agreements. These REA-approved clauses help protect you by:

  • reducing the likelihood of you being charged commission by two agencies
  • clarifying when the agreement ends and when you need to pay a commission.

We recommend you only use agencies that use these standard clauses. Ask your agent about the clauses before you sign.

You can ask questions, get independent advice, talk to more than one agent and negotiate what’s in the agency agreement. You can negotiate timeframe, commission, expenses or services. Make sure you and your lawyer or conveyancer are happy with the agreement before you sign it.

Test your knowledge of the agency agreement

 

Take the quiz

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Understanding the sale and purchase agreement when selling

Source: Real Estate Agents Authority – Press Release/Statement:

Headline: Understanding the sale and purchase agreement when selling

Summary of important things to know

  • You must sign a written sale and purchase agreement when you sell a property.

  • Always check your sale and purchase agreement with a lawyer or conveyancer before signing. You need to read and understand the agreement before you sign it.

  • You should always get legal advice before you sign the agreement and throughout the selling process.

  • You can negotiate the conditions in a sale and purchase agreement.

  • A sale and purchase agreement becomes unconditional when all the conditions are met.

  • The agent helps you and the buyer to include the conditions you both want. Even though the agent works for you, they also have to deal fairly and honestly with the buyer. They can’t withhold any information, and they must tell the buyer about any known defects with the property.

  • If your agent or anyone related to them wants to buy your property, they must get your written consent to do this. They must also give you an independent registered valuation of your property.

  • Your agent will probably use the agreement for sale and purchase approved by the Auckland District Law Society and the Real Estate Institute of New Zealand.

  • Before you sign a sale and purchase agreement, the agent must give you a copy of the  REA’s New Zealand Residential Property Sale and Purchase Agreement Guide . They must also ask you to confirm in writing that you’ve received it.

  • You can download our New Zealand Residential Property Sale and Purchase Agreement Guide.

Sale and purchase agreement

A sale and purchase agreement is a legally binding contract between you and the buyer.

It sets out all the details, terms and conditions of the sale. This includes things such as the price, any chattels being sold with the property, whether the buyer needs to sell another property first and the settlement date.

A sale and purchase agreement provides certainty to you and the buyer about what will happen when.

The New Zealand Residential Property Sale and Purchase Agreement Guide

This guide tells you:

  • what a sale and purchase agreement is
  • what’s in a sale and purchase agreement
  • what happens after you sign the sale and purchase agreement
  • what happens if you have a problem
  • where to go for more information.

Download the residential property sale and purchase agreement guide [PDF, 2.7 MB]

Download the Chinese version of the residential property sale and purchase agreement guide [PDF, 2.9 MB]

What’s in a sale and purchase agreement

  • Your name(s) and the name(s) of the buyer.
  • The address of the property.
  • The type of title (for example, freehold or leasehold).
  • The price.
  • Any deposit the buyer must pay.
  • Any chattels you are selling with the property (for example, whiteware or curtains).
  • Any specific conditions you or the buyer want to be fulfilled.
  • How many working days you have to fulfil your conditions (if there are conditions).
  • The settlement date (the date the buyer pays the rest of the amount for the property, which is usually also the day they can move in).
  • The rate of interest that the buyer must pay on any overdue payments.

General obligations and conditions you have to comply with

The sale and purchase agreement includes general obligations and conditions that you will need to comply with. These may include the following:

  • Access rights. What access the buyer can have to inspect the property before settlement.
  • Insurance. To make sure the property remains insured until the settlement date and outline what will happen if any damage occurs.
  • Default by the buyer. The buyer may have to compensate you if they don’t settle on time, for example, with interest payments.
  • Default by you, the seller. You may have to compensate the buyer if you don’t settle on time, for example, by paying accommodation costs.

Your lawyer or conveyancer will explain these clauses to you. 

Specific conditions a buyer may include

Some buyers will present an unconditional offer, which means there are no specific conditions to be fulfilled. Some buyers will include one or more conditions (that must be fulfilled by a specified date) in their offer. These are some common conditions:

  • Title search. This is done by the buyer’s lawyer or conveyancer to check who the legal owner of the property is and to see if there are any other interests over the property such as caveats or easements.
  • Finance. This refers to the buyer arranging payment, for example, a mortgage or loan.
  • Valuation report. A bank may require the buyer to obtain a valuation of the property (an estimate of the property’s worth on the current market) before they agree to a loan.
  • Land information memorandum (LIM). Provided by the local council, this report provides information about the property such as rates, building permits and consents, drainage, planning and other important information.
  • Building inspection report. To determine the condition of the building.
  • Engineer’s or surveyor’s report. Similar to the above but more focused on the entire section and the structure of the property.
  • Sale of another home. The buyer may need to sell their own home in order to buy another.

What happens after you sign the sale and purchase agreement

Signing the sale and purchase agreement is not the end of the sale process.

Both parties work through the conditions until the agreement is unconditional

A conditional agreement means the sale and purchase agreement has one or more conditions that must be met by a specified date.

The buyer pays the deposit. Depending on what the agreement says, the buyer may pay the deposit when they sign the agreement or when the agreement becomes unconditional. Usually the deposit is held in the agency’s trust account for 10 working days before it is released to the seller.

An agreement for sale and purchase commits you to sell

Once you’ve signed the sale and purchase agreement and any conditions set out in it have been met, you must complete the sale of the property.

Payment of a commission

Once the sale is complete, you pay the agent for their services. The agent or agency usually takes the commission from the deposit they’re holding in their trust account. You should make sure the deposit is enough to cover the commission. The agent cannot ask the buyer to pay for their services if they have been hired by you.

The buyer pays the rest

The buyer pays the remainder of the amount for the property on the day of settlement, usually through their lawyer or conveyancer.

Selling a tenanted property

The agreement for sale and purchase may contain a specific date for possession that may differ from the settlement date, for instance, where the property is tenanted. If the property is tenanted, the agreement for sale and purchase should specify this.

If the buyer requires the property to be sold with vacant possession it is your responsibility to give the tenant notice to vacate, in accordance with the tenant’s legal rights.

 

Signing the sale and purchase agreement

Signing the sale and purchase agreement

Test your knowledge of the sale and purchase agreement

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Understanding the sale and purchase agreement when buying

Source: Real Estate Agents Authority – Press Release/Statement:

Headline: Understanding the sale and purchase agreement when buying

Summary of important things to know

  • You must sign a written sale and purchase agreement when you buy a property.

  • Always check your sale and purchase agreement with a lawyer or conveyancer before signing. You need to read and understand the agreement before you sign it.

  • You should always get legal advice before you sign the agreement and throughout the buying process.

  • You can negotiate the conditions in a sale and purchase agreement.

  • A sale and purchase agreement becomes unconditional when all the conditions are met.

  • The agent helps you and the seller to include the conditions you both want. Even though the agent works for the seller, they also have to deal fairly and honestly with the buyer. They can’t withhold any information, and they must tell you about any known defects with the property.

  • The agent will probably use the agreement for sale and purchase approved by the Auckland District Law Society and the Real Estate Institute of New Zealand.

  • Before you sign a sale and purchase agreement, the agent must give you a copy of the REA New Zealand Residential Property Sale and Purchase Agreement Guide. They must also ask you to confirm in writing that you’ve received it.

Sale and purchase agreement

A sale and purchase agreement is a legally binding contract between you and the seller. It sets out all the details, terms and conditions of the sale. This includes things such as the price, any chattels being sold with the property, whether the buyer needs to sell another property first and the settlement date.

A sale and purchase agreement provides certainty to you and the seller about what will happen when.

The New Zealand Residential Property Sale and Purchase Agreement Guide

This guide tells you:

  • what a sale and purchase agreement is
  • what’s in a sale and purchase agreement
  • what happens after you sign the sale and purchase agreement
  • what happens if you have a problem
  • where to go for more information.

 

Download the residential property sale and purchase agreement guide [PDF, 2.7 MB] Download the sale and purchase agreement guide [PDF, 2.7 MB] .

Download the Chinese version of the residential property sale and purchase agreement guide [PDF, 2.9 MB] .

What’s in a sale and purchase agreement

Your sale and purchase agreement should include the following:

  • Your name(s) and the names of the seller(s).
  • The address of the property.
  • The type of title (for example, freehold or leasehold).
  • The price.
  • Any deposit you must pay.
  • Any chattels being sold with the property (for example, whiteware or curtains).
  • Any specific conditions you or the seller want fulfilled.
  • How many working days you have to fulfil your conditions  (if there are conditions).
  • The settlement date (the date you pay the rest of the amount for the property, which is usually also the day you can move in).
  • The rate of interest you must pay on any overdue payments. 

General obligations and conditions you have to comply with

The sale and purchase agreement includes general obligations and conditions that you will need to comply with. These may include the following:

  • Access Rights. What access you can have to inspect the property before settlement.
  • Insurance. To make sure the property remains insured until the settlement date and outline what will happen if any damage occurs.
  • Default by you. You may have to compensate the seller if you don’t settle on time, for example, with interest payments.
  • Default by the seller. The seller may have to compensate you if they don’t settle on time, for example, by paying accommodation costs.

Your lawyer or conveyancer will explain these clauses to you. 

Specific conditions you may include

You can present an unconditional offer, which means there are no specific conditions to be fulfilled, or you can include one or more conditions (that must be fulfilled by a specified date) in your offer. These are some common conditions:

  • Title search. This is done by your lawyer or conveyancer to check who the legal owner of the property is and to see if there are any other interests over the property such as caveats or easements.
  • Finance. This refers to you arranging payment, for example a mortgage or loan.
  • Valuation report. A bank may require you to obtain a valuation of the property (an estimate of the property’s worth on the current market) before they agree to a loan.
  • Land information memorandum (LIM). Provided by the local council, this report provides information about the property such as rates, building permits and consents, drainage, planning and other important information.
  • Building inspection report. To determine the condition of the building.
  • Engineer’s or surveyor’s report. Similar to the above but more focused on the entire section and the structure of the property.
  • Sale of another home. You may need to sell your existing home in order to buy another. 

What happens after you sign the sale and purchase agreement

Signing the sale and purchase agreement is not the end of the purchase process.

Both parties work through the conditions until the agreement is unconditional

A conditional agreement means the sale and purchase agreement has one or more conditions that must be met by a specified date.

You pay the deposit

Depending on what the agreement says, you may pay the deposit when you sign the agreement or when the agreement becomes unconditional.

An agreement for sale and purchase commits you to buy

When you’ve signed the sale and purchase agreement and any conditions set out in it have been met, you must complete the purchase of the property.

Payment of a commission

When the sale is complete, the seller pays the agent for their services. The agent or agency usually takes the commission from the deposit they’re holding in their trust account. The agent cannot ask you to pay for their services if they have been hired by the seller.

You pay the rest

You pay the remainder of the amount for the property on the day of settlement, usually through your lawyer or conveyancer.

Buying a tenanted property

The agreement for sale and purchase may contain a specific date for possession that may differ from the settlement date, for instance, where the property is tenanted. If the property is tenanted, the agreement for sale and purchase should specify this.

If you require the property to be sold with vacant possession, it is the seller’s responsibility to give the tenant notice to vacate, in accordance with the tenant’s legal rights.

We recommend you seek legal advice if you are buying a property that is currently tenanted.

Signing a sale and purchase agreement

Signing a sale and purchase agreement

Test your knowledge of the sale and purchase agreement

Take the quiz

Did you find what you were looking for on this page?


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