I'm being audited by MBIE. Looking forward to it.

[Keys]

The Ministry of Business, Innovation & Employment (MBIE) is requesting that a number of property management companies
take part in an audit to assess their compliance with the Residential Tenancies Act 1986 (the Act). LOTUS Property Management
Limited has been selected as part of this audit program.

In particular we want to look at your records regarding;

• the installation of smoke alarms
• the statement you make in any new tenancy agreements regarding the location and condition of insulation
• bond lodged
• actions taken on tenant’s requests for maintenance and
• that your standards tenancy agreements comply with legal requirements.

We expect the audit will take several hours to complete.

Heads up guys. Keep your records accurate and available.

[John the builder]

what power are they conducting these audits under?

[PC]

What hourly rate are you charging them for your time?
Cause those guvment types got days and days of box ticking to do.

[Davo36]

Yeah, can you just tell them to bugger off?

[Perry]

Yeah, Keys, ask them what statute they rely on for the authority to do what they plan and what compensation you will receive for your time and effort.

I look forward to the Ministry of Bungling & Inappropriate Expenditure audits of RTA obligations by tenants.

In particular tenant's performance regarding:

• the timely replacement of batteries in smoke alarms (if they're still there);
• the statements made about number of occupants allowed in the tenancy agreement and the number of persons in residence;
• the proper use of the supplied heating to ensure homes are warm and dry;
• the absence of any illegal activity such as drugs like methamphetamine;
• where the tenancy agreement states no smoking in or on the premises, that is being complied with;
• allowing reasonable access by trades people for maintenance; and
• compliance with all the legal requirements in their tenancy agreements and under the RTA.

[John the builder]

answer my own question?
123A Documents to be retained by landlord and produced to chief executive if
required
(1) A landlord must retain the following documents during, and for 12 months after the termination of, the tenancy:
(a) the tenancy agreement and any variations or renewals of it (or copies):
(b) any reports of inspections of the premises carried out by or for the landlord during the tenancy (or copies):
(c) records of any maintenance or repair work carried out at the premises by or for the landlord during the tenancy (or copies):
(d) any notices or letters, emails, or other forms of correspondence between the landlord (or a person acting on the landlord’s behalf) and the tenant (or a person acting on the tenant’s behalf) in relation to the tenancy (or copies).
(2) The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)(b) to (d).
(3) A notice under subsection (2)—
(a) may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
(b) may not be given any later than 12 months after the termination of the
tenancy; and
(c) must specify the way in which the documents must be produced to the chief executive.
(4) A landlord commits an unlawful act if, without reasonable excuse, the landlord fails, within 10 working days after receiving a notice under subsection (2), to produce the documents to the chief executive in the way specified in the notice.

These are new powers from amendment july 2016

but the powers relate to a tenancy?/

I dont think parliament intended that MBIE could go on a "fishing trip" and visit a property manager/or landlord and look at all his files until they found one that had a mistake?

All the powers relate to a tenancy not the property managers portfolio?

This is an abuse of statutory power they should only act on a specific complaint.

Seriously do the industry a favour and ask them to seek a court order so that you can go before the judge and seek his guidance on what you have to do

The power is in respect to a tenancy Make them nominate the address that they wish to be availed of. If you arent careful this will get out of hand and maybe already is.

[Keys]

answer my own question?
123A Documents to be retained by landlord and produced to chief executive if
required
(1) A landlord must retain the following documents during, and for 12 months after the termination of, the tenancy:
(a) the tenancy agreement and any variations or renewals of it (or copies):
(b) any reports of inspections of the premises carried out by or for the landlord during the tenancy (or copies):
(c) records of any maintenance or repair work carried out at the premises by or for the landlord during the tenancy (or copies):
(d) any notices or letters, emails, or other forms of correspondence between the landlord (or a person acting on the landlord’s behalf) and the tenant (or a person acting on the tenant’s behalf) in relation to the tenancy (or copies).
(2) The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)(b) to (d).
(3) A notice under subsection (2)—
(a) may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
(b) may not be given any later than 12 months after the termination of the
tenancy; and
(c) must specify the way in which the documents must be produced to the chief executive.
(4) A landlord commits an unlawful act if, without reasonable excuse, the landlord fails, within 10 working days after receiving a notice under subsection (2), to produce the documents to the chief executive in the way specified in the notice.

These are new powers from amendment july 2016

but the powers relate to a tenancy?/

I dont think parliament intended that MBIE could go on a "fishing trip" and visit a property manager/or landlord and look at all his files until they found one that had a mistake?

All the powers relate to a tenancy not the property managers portfolio?

This is an abuse of statutory power they should only act on a specific complaint.

Seriously do the industry a favour and ask them to seek a court order so that you can go before the judge and seek his guidance on what you have to do

The power is in respect to a tenancy Make them nominate the address that they wish to be availed of. If you arent careful this will get out of hand and maybe already is.

I believe the authority is in the section you quoted. And here as well.

It's happening guys. Get ready. All of you.

[John the builder]

I read that to mean they can ask for all documents related to a tenancy

it does not mean that you have to hand over all your files for a fishing trip that is abuse of power

let us know how they treat you and perhaps ask them for the basis of their request (and record the meeting!)

if is is educational then all good but it could turn to custard these turkeys are trying to justify their existence and generate enforcement.

[Perry]

My interpretation is the same as JTB. The RTA sections quoted so far relate to a specific tenancy[s]. Accordingly, the Ministry of Bungling & Inappropriate Expenditure can ask for all the records prescribed in relation to any specific tenancy or tenancies.

Not the entire portfolio and/or operations of a PM entity.

Where's Glenn, on this matter?

[Viking]

Seems to be an abuse of power and stretching the power in that clause.
I would be asking by what authority are you able to do this, please specify as you cannot find any authority under the RTA which allows an inspection of all records.

Its some bunch of turkeys stretching their wings as they do.

However if one reads the initial wording they are requesting (i.e. asking if they can) have a look. So it would seem voluntary at this point.
It would be interesting to know their reply if you said no. Then they would have to either say never mind or front up with the law to make it happen.

[Keys]

Here is the fishing license. 123 1a

[sidinz]

I agree with the other two. It reads like permission to investigate a particular tenancy, not a drift net.
Perhaps pass this on to Peter for the NZPIF to look into?

[John the builder]

no harm is going along with them but dont give permission which is the MO of bureaucrats and a common ploy among compliance officers." I was invited onto the premises" "the landlord offered me this information""I was acting on a complaint...."

if you protest their authority i assume you caan claim ultra vires later ?

[Perry]

123 General functions and powers of chief executive

(1) For the purposes of this Act, the chief executive may perform and exercise the following functions and powers:
(a) the investigation of, and the conduct of research into, any matters generally affecting or that may affect the interests of parties to tenancy agreements, or any such matters arising in any particular case:

To - without a warrant - carry out what amounts to a search of your premises, I do not believe that the Ministry of Bungling & Inappropriate Expenditure could rely on that section for their authority to do so.

In the absence of "any such matters arising in any particular case," there's a world of difference between "matters generally affecting" and a specific audit of a PM Coy.

Interesting to see how LLs are singled out, in this section.

(db) the publication of comments about particular persons who are, or have been, landlords:

As usual, no equal treatment of tenants.

[Perry]

No harm is going along with them but don't give permission which is the MO of bureaucrats and a common ploy among compliance officers. If you protest their authority I assume you can claim ultra vires later?

That presumes that Keys does not have a motive that he's not mentioning, of course.