About the Residential Property Managers Registration Bill

A light-touch approach to regulate the residential property management sector is being established.

The new regulations will address gaps in the sector by:

  • establishing a registration model for the residential property managers and organisations, supported by a Residential Property Management Regulatory Authority
  • requiring residential property managers to be over the age of 18 and meet minimum education requirements or have relevant experience
  • creating a new registration process that covers renewals, expiries, suspensions and cancellations of registrations
  • requiring financial, conduct and training standards for residential property managers to reduce harm and support a more professional sector
  • requiring residential property management organisations to hold all client funds in separate accounts from operational funds, and
  • establishing a complaints and disciplinary process, including a Residential Property Managers Registrar and a Residential Property Managers Disciplinary Tribunal.

The key features of the proposed regulations are set out in the table below.

Key features

Details

In scope

  • Residential property managers
  • Residential property management organisations

Out of scope

  • Private landlords
  • Kāinga Ora, its employees and agents
  • Community housing providers and their employees

Minimum eligibility requirements

  • Must be at least 18 years old
  • Meet the minimum education or experience requirements (the Residential Property Managers Registrar [the Registrar] will set the requirements)
  • Must not be prohibited from registering

Registration process

  • Compulsory public registration
  • Renewal of registration required every two years
  • Registrants will be required to declare information provided is true and correct
  • Registrants will be listed on a public searchable register, including their name, business details and registration status

Professional and industry practice requirements

  • Registered property management organisations will be required to hold all client funds in separate accounts from operational funds
  • Required to maintain full and accurate records for at least seven years
  • Provide information or undergo audit when requested by the Registrar
  • The Registrar will issue a code of conduct for the sector
  • Continuing professional development requirements

Complaints and discipline process

The Registrar’s powers and functions include:

  • receiving and reviewing complaints about conduct
  • being empowered to investigate conduct issues of its own motion
  • exercising triage powers (including the discretion to not pursue a complaint)
  • prepare complaints and investigations for referral to the Residential Property Managers Disciplinary Tribunal (the Tribunal), and
  • taking enforcement action for offences under the legislation
  • registrar may also transfer or refer matters outside the scope of the regulations to the appropriate body.

The Tribunal will make determinations and orders about:

  • complaints referred to the Tribunal by the Registrar,
  • cases brought on the Registrar’s own motion, and
  • hear appeals of the Registrar’s decision.

Offences and penalties

To help with compliance and enforcement it shall be an offence to:

  • hold out as a registered residential property manager or organisation when unregistered
  • practice as a residential property manager or carrying on an organisation, when unregistered
  • engage, as a residential property management organisation, an unregistered person to carry out residential property management services
  • disclose or declare false or misleading information to register as a residential property manager or organisation, and
  • knowingly render false financial accounts as a residential property manager or organisation.

Policy development and administration

Te Tūāpapa Kura Kāinga – the Ministry of Housing and Urban Development will lead and develop policy advice on the Residential Property Managers regime.

The Ministry of Business, Innovation and Employment will administer the Residential Property Managers Regulatory Authority (Regulatory Authority), which will include the Residential Property Managers Registrar (the Registrar). 

The Ministry of Justice will administer the Residential Property Managers Disciplinary Tribunal (the Tribunal).

More information can be found on the Ministry website under the related documents section.

Timing

Timing for introduction of a Bill will depend on the government’s legislative priorities and the availability of drafting resource. Once introduced, and subject to the availability of Parliament’s time, the Bill will have its first reading and will be referred to a Select Committee.

The Select Committee will then call for public submissions, providing an opportunity for interested parties to give feedback on the proposed regulatory system.

Information about the progress of the Bill will be available on the Parliament website once it has been introduced.

Parliament.nz(external link)