Generated on: 2022-06-02 16:10:52
CONFIRMED MINUTES
BOARD MEETING 22 MARCH 2022
At the
Board Meeting 26 April 2022 on
26 Apr 2022 these minutes were
confirmed as
presented.
Name:
Real Estate Authority
Date:
Tuesday, 22 March 2022
Time:
9:00 am to 1:25 pm
Location:
Zoom meeting, Online
Board Members: Denese Bates QC (Chair), Liz Nidd, Mele Wendt, Tony Stack, Vern Walsh
Attendees:
Andrew Bulled, Belinda Moffat, Josh Doherty, Nadine Thomas, Phirak
Appleton, Saara Fourie, Victor Eng, Marie Snell
Apologies:
Latham Lockwood
Guests/Notes:
, Education and Insights Manager (Research Plan and
Proposal)
Acting Communications and Awareness Manager (REA Digital
Marketing Update)
1.
Opening Meeting
1.1
Board in Committee
Issues for discussion with the Chief Executive were agreed.
1.2
Board and CE alone time
Papers and issues identified by Board were discussed with the Chief Executive.
9) CE to arrange for an economist to present to the Board.
CE to arrange for an economist to present to the Board.
April 2022: Michael Gordon presenting to the Board at the 26 April meeting.
Due Date:
27 Apr 2022
Owner:
Belinda Moffat
5) Review the Board reporting approach and refresh feedback from
Review the Board reporting approach and refresh feedback from
April 2022: CE engaged with
who confirmed advice
was to remove duplication, streamline management reporting and focus on
forward looking risks and issues. Agreed with removal of performance report,
and avoiding duplication across Audit and Risk.
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
Revised reporting approach discussed with Board and ARC Chair. New
reporting approach presented in April for feedback.
Due Date:
26 Apr 2022
Owner:
Belinda Moffat
1.3
Karakia
The Senior Leadership Team joined and the meeting was opened with a Karakia.
1.4
Confirmation of Agenda
The agenda was confirmed.
1.5
Interests Register
No new interests were declared and no conflicts were identified for the meeting.
1.6
Confirm Minutes
Board Meeting 15 February 2022 15 Feb 2022, the minutes were confirmed as presented.
On motions duly made and seconded, it is proposed that the minutes of 3 February
2022 be approved.
Minutes approving REA’s draft report to the Minister for Q2 by Written
Procedure 3 February 2022.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
On motions duly made and seconded, it is proposed that the minutes of 5 March
2022 be approved.
Minutes Approving the Responses to Additional Select Committee Questions by
Written Procedure 5 March 2022.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
On motions duly made and seconded, it is proposed that the minutes of 15
February 2022 be approved.
Minutes from the Board Meeting – 15 February 2022.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
2.
Actions from Previous Meetings
2.1
Action Item List
Due Date
Action Title
Owner
31 Jan 2022
1) Monitor
and update CE and Chair on
next steps
Status: Completed on 15 Mar 2022
10 Mar 2022
2) Make amendments to Select Committee responses as discussed.
Status: Completed on 15 Mar 2022
22 Mar 2022
3) Workforce Management Paper
Status: Completed on 15 Mar 2022
22 Mar 2022
1) SPE Narrative
Belinda Moffat
Status: Completed on 13 Apr 2022
31 Mar 2022
2) Explore the use of Instagram in the REA digital marketing
approach.
Status: Completed on 23 Mar 2022
31 Mar 2022
3) Qualifications FAQs and Website Information
Status: Completed on 23 Mar 2022
31 Mar 2022
4) Te Tiriti o Waitangi session with
Belinda Moffat
Status: Completed on 13 Apr 2022
27 Apr 2022
12) Complaints Improvement Project Update to be provided at the
April Board Meeting.
Status: Completed on 20 Apr 2022
30 Apr 2022
13) Meeting with REINZ
Belinda Moffat
Status: In Progress
30 Apr 2022
14) Property Management Regulation
Belinda Moffat
Status: In Progress
30 Apr 2022
15) REA Emails for Board
Status: In Progress
30 Apr 2022
16) Programme Manager reporting to be captured in the performance
30 Apr 2022
17) Awareness, Communication and Stakeholder Engagement
Strategy
Status: In Progress
31 May 2022
18) Fit and Proper Guidelines
Status: Completed on 20 Apr 2022
30 Jun 2022
20) Flexi by Default review
Status: In Progress
30 Jun 2022
21) Review statutory guides and effective production and best
practice use principles for sector
Status: In Progress
30 Jun 2022
19) Supervision
Status: In Progress
30 Jun 2022
22) Māori Engagement Strategy Approach
Belinda Moffat
Status: In Progress
30 Jun 2022
23) Provide an update on ethnicity and tenure pay parity.
Status: In Progress
Actions were taken as read and the following actions were discussed:
· The CE noted an action from the Audit and Risk Committee meeting relating to Te Tiriti will
be carried over to the Board actions to reduce duplication.
· Action 10): Te Tiriti workshop with
will be held this Friday and can be closed.
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
· Action 11): Setting up Board members on the REA email system has been put on hold until
after the Audit & Risk and Board meetings as it involves a number of systems changes
including BoardPro. This will be progressed shortly.
3.
Chief Executive's Report
3.1
CE Report
The report was taken as read and Chief Executive Belinda Moffat highlighted the following:
· Paragraph 13 relates to the Programme Management Office and the CE advised the Board
that the Audit & Risk Committee received a presentation from Programme Manager
l at their meeting yesterday.
The Board discussed the following matters:
· Staff morale in the current COVID environment:
confirmed there have
been some additional pressures in teams due to illness and challenges with working from
home, however REA has been doing incredibly well to support staff as needed and keep
connected. Culture Club continue to deliver great initiatives to maintain connectivity and
people leaders are keeping in touch with their staff to monitor wellbeing and provide
support as needed.
· Managing work expectations when staff have been impacted by COVID: Belinda confirmed
that REA’s key messages are that family and wellbeing come first and SLT will support
staff to manage those demands with their workload as needed. REA’s business continuity
plan is in place to manage backfilling roles as required.
· The CE advised that there are strong networks within REA. Managers at all levels are very
approachable as well as the People & Capability Team.
· The Chair acknowledged the level of enthusiasm displayed by staff during the Te Ao
Māori/Tikanga sessions in 2021 and found that level of engagement encouraging.
· The Board acknowledged the level of support REA is providing staff through care packages
and proactive provision of rapid antigen tests.
· Rent review timeframe:
· Diverse communities: key output will be translations of our guidance.
Recommendations
It was recommended that the Board:
Note the contents of this paper and provide feedback on any matters raised.
Outcome: Noted.
3.2
Update from the Audit & Risk Committee
The Board received an update from the Audit and Risk Committee (ARC) Chair on the
outcomes from the meeting held on 21 March 2022.
ARC Terms of Reference are due for review and the Committee agreed there is no need to
have any particular delegations. They will continue to provide advice to the Board on risk,
controls and finance and do the deep dives into these issues and policies presented for
review and make recommendations to the Board.
The performance report will now go directly to the Board.
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
3.3
Break
Break from 10:30-10:40am.
4.
Board Papers for Approval or Discussion
4.1
Official Information and Proactive Release Policy
The paper was taken as read and
, General Counsel, invited questions and
comments from the Board.
The Board discussed the following:
Operationalising the policy:
confirmed it is already operationalised in practice. The
Legal Team provides regular staff training and REA has OIA champions across the various
teams.
The ARC Chair advised the Board that the Committee endorsed the policy yesterday, with
discussion held around charging for time and resources used to compile responses to large
requests and also the length of the document due to it being a single policy and procedure
resource for staff.
The Board agreed the policy was comprehensive and robust.
Official Information and Proactive Release Policy was approved.
It was recommended that the Board:
Provide feedback on the proposed amendments and subject to any
feedback,
approve the Official Information and Proactive Release
Policy.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
4.2
Health and Safety Policy Review
Head of People & Capability,
introduced this paper and highlighted the following:
Following consideration by the Audit and Risk Committee on 21 March, amendments have
been made and the revised policy was added to BoardPro for the Board to consider
overnight. The adjustments were to paragraphs: 10, 11, 12, 20, 40 and 41.
Approval of the revised policy is now sought from the Board.
The Board supported the recommended changes to the draft policy approved implementation of
the policy.
The amended Health and Safety Policy was approved.
Recommendation: It is recommended that the Board:
·
Provide feedback on the proposed amendments and subject to any
feedback,
approve the Health and Safety Policy.
Decision Date:
Mover:
Seconder:
Outcome:
Approved
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
4.3
2022/23 Statement of Performance Expectations and Financial Forecast
The paper was taken as read and Chief Executive Belinda Moffat highlighted the following:
The introduction is being prepared and will be presented to the Board in the next version in
April.
REA is likely see a change in the number of licensees next year so forecasts are being
prepared for this and other scenarios.
Licensee numbers are still looking high as the bulk renewal period continues although we
will have a clearer picture after bulk renewals conclude.
Belinda invited questions and comments on the SPE.
Head of Corporate Services, made the following additional comments:
The Budget has a break even focus with a view to maintaining healthy cash reserves,
given the uncertain environment.
Invited the Board to comment on scenario planning and what levers should we push and
pull.
The Audit and Risk Committee had commented on personnel costs and pay restraints.
noted the budget does accommodate an increase in FTEs as we will need to ensure
we can recruit to meet demand.
Once we have completed the discovery phase for complaints and licensing project we will
have more information to hand on needs going forward.
Investment in software: The budget allows for some system improvements. REA is hesitant
to use bespoke software as previously done with
whereby REA’s processes were
adapted to fit the software. REA is exploring software and cloud based systems rather than
on premises server infrastructure
highlighted pg 84. paragraph 28 and 29 refers to the reappointment of BDO as
REA’s auditors. The Board agreed to authorising the Board Chair to sign this letter.
The Board discussed the following:
· The Audit and Risk Committee Chair a reminded the Board that this is the first draft and the
Committee was supportive of progress to date.
· The Board queried whether cultural capability references should be more apparent
throughout the SPE. Belinda directed the Board to pg. 93, bullet point 3, which covers this
and again under the first output.
Recommendations approved with one amendment to recommendation 2 in bold.
Recommendation: It is recommended that the Board:
·
Discuss and provide feedback on the draft SPE and budget, and approve
the delivery of the draft to the Ministry of Justice for review by 31 March
2022.
·
Approve the proposal of appointment of BDO as auditor and authorise the
Chair to sign the proposal letter
using her e-signature.
·
Approve the recommendation to maintain the Litigation Reserve at
for the purpose outlined in this paper to be recorded in a litigation reserve
policy.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
10) Sign and return the Audit Proposal Letter to BDO.
E-sign the audit proposal letter on behalf of the Board Chair and return to BDO.
April 2022: Complete.
Due Date:
27 Apr 2022
Owner:
6) Draft a Litigation Reserve Policy.
Draft a Litigation Reserve Policy.
April 2022: draft policy to be presented to Board for approval 26 April 2022.
Due Date:
26 Apr 2022
Owner:
4.4
CAC Candidates for Appointment
The paper was taken as read and
Head of Regulatory Services, highlighted the
following:
REA is seeking the Board’s approval to appoint the five candidates put forward at the last
Board meeting.
Conflicts of interest checks have been undertaken. There are no issues arising.
Police checks have all come back clear.
Candidates have been contacted about start dates which are reflected in the
recommendations.
The Board had no queries or comments.
All recommendations were approved.
Recommendation: It is recommended that the Board:
·
Approve the appointment of Fale (Andrew) Lesa as a CAC panel member,
effective from 1 April 2022.
·
Approve the appointment of Nigel Fletcher as a CAC panel member,
effective from 1 April 2022.
·
Approve the appointment of
as a CAC panel member,
effective from 1 April 2022.
·
Approve the appointment of Natalie Small as a CAC panel member,
effective from 1 September 2022.
·
Approve the appointment of
as a CAC panel member,
effective from 1 November 2022.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
11) Notify CAC candidates of appointments and effective dates.
Notify CAC candidates of appointments and effective dates.
Complete.
Due Date:
27 Apr 2022
Owner:
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
4.5
Fit and Proper Standard
The paper was taken as read and
, General Counsel, highlighted the following:
The draft guidance reflects principles developed by the court and in previous cases.
Consideration has been given to addressing consideration of safety concerns eg risks of
actual or threatened violence:
Belinda invited the Board to comment on whether REA consult with the sector only or the
public as well. The Board agreed that public consultation was appropriate.
The Minister is interested in this and will be kept informed of progress but the standard will
not be released to him in advance to ensure independence from the process.
Proposed amending the recommendation wording to read:
“
Approve the scope of the proposed internal guidance and draft Fit and Proper
Standard.”
The Board discussed the following:
· The assessment should include inquiry into what an applicant has done since time of
offending and application (eg no further charges or convictions, good employment record,
positive references in recent period), particularly if there had been a significant time lapse.
· There was sufficient clarity and transparency in the guidance.
· Capturing safety elements and violent offending is critical. Licensees need to be equipped
to deal with high stress and high pressure without a potential disposition to physical or
verbal abuse
· There was consensus that the guidance should be issued by the Registrar not the Board.
· Where there is offending involving addiction, the Board queried whether REA seeks
specific assurance that supports that addition is no longer an issue for that person.
advised that relevant health reports or therapy records are sought, particularly around
alcohol and drug additions and gave some examples of how these guide decision-making.
· The Board thanked
for her work with
on this paper.
· The next step is to finalise the timeline and bring this back to the Board then before
consultation in May/June.
Recommendation approved subject to one amendment underlined below.
Recommendation: It is recommended that the Board:
·
Approve the scope of the proposed internal guidance and draft Fit and
Proper Standard.
Decision Date:
22 Mar 2022
Mover:
Seconder:
Outcome:
Approved
7) Fit and Proper Guidance
Prepare the next iteration of Fit and Proper guidance and plan for consultation.
April 2022: Fit and proper guidance presented to the Board for approval
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
Due Date:
26 Apr 2022
Owner:
4.6
Research Plan and Proposal
Education and Insights Manager, and
Acting Communications and
Awareness Manager, joined the meeting for items 4.6 and 4.7.
introduced
to the Board and
highlighted the following aspects of
the paper:
At the Board meeting in December, the Board agreed that SPE 3.2 research should focus
on barriers to participation so the Board’s endorsement is sought on that today.
The Board discussed the following:
· All research areas were endorsed. The Board did not identify any areas that need more
detail.
· Research on supervision: there needs to be a deep dive into offices where you are
concerned about supervision but also offices where supervision is really adequate.
confirmed that we are eager to explore both ends of the spectrum when conducting this
research.
· Sub-brands taking over the main brands: often presentation of the sub-brand does not
reflect the main brand and this gives the impression of trading as a separate entity. It is
interesting that some main brands allow this to happen.
Recommendation: It is recommended that the Board:
·
Note the planned research activities for the 2022 calendar year.
·
Endorse the proposed research topic for SPE 3.2.
Outcome: Noted and endorsed.
4.7
REA Digital Marketing Update
introduced
to present this paper.
·
highlighted the key figures and noted 2020 campaigns were very successful,
particularly the videos.
· REA is keen to be using the website as more of a regulatory tool as well as providing
consumer advice.
Advice or insights are sought on communities to reach.
The Board discussed the following:
· The investment put into building, advertising and raising awareness through settled.govt.nz
was significant and it had a huge impact. Do we risk losing some of our initial investment if
we reduce marketing spend now?
does not anticipate a significant drop but will
watch the analytics.
· Reduction in users: there is a direct correlation between spend and reach. In next year’s
budget there needs to be adequate spend to sustain engagement. Budget was reduced by
in March 2021 and had shown an impact. The CE noted that investment was reduced
to test impact and there was a clear impact. EIE continues to work on the rest of the
communications and engagement strategy and they are looking at investing in translations
and other areas to increase our reach to diverse communities.
· The Board agreed there is a need to continue or increase investment in the online space to
reach New Zealanders and it will cost to target and reach diverse communities. It will cost
more to lift the website profile again if awareness and engagement drops to a low level.
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
· Social media suggestions included Instagram, Facebook and TikTok.
· YouTube was paused longer than intended and this is being looked at with Uprise.
· Consider what mix of investment and exposure we need to target, and whether REA has
the right channels running.
· Media relations: REA has nurtured relationships with various media channels and outlets
resulting in a lift in media enquiries. With a permanent Media Relations and Stakeholder
Engagement Manager recently appointed, there is an increased focus on this area.
Recommendations: It is recommended that the Board:
·
Note the performance of our digital channels in 2021.
·
Discuss and provide feedback on the future role of digital channels in delivering the REA
strategy.
Outcome: Paper and presentation noted and feedback provided for consideration by the EIE
team.
4.8
Break
Break from 12:15-12:20pm.
5.
Board Papers for noting
5.1
January-February 2022 Performance Report
The paper was taken as read and
Head of Corporate Services, highlighted to the
Board that the Audit and Risk Committee also received this report.
The Board made the following comments:
From an Audit and Risk Committee perspective, given the environment REA is working in,
the organisation is performing well.
Recommendations
It was recommended that the Board:
Note the contents of this paper and provide feedback on any matters raised.
Outcome: Noted
5.2
Six-monthly Risk Report
The paper was taken as read and the Board noted the changes to items on watch. There was no
additional feedback.
Recommendations
It was recommended that the Board:
Note the contents of the Report and provide feedback on any matters raised.
Outcome: Noted
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
5.3
People and Capability Report
The paper was taken as read and
Head of People & Capability, highlighted the
following:
There is an additional section on workforce planning.
Three temps were brought on board to support the bulk renewals process. There are often
opportunities for temps join our permanent workforce and this is part of our retention
strategy.
Wellbeing is a key focus area at present.
Incident management team has been managing COVID cases and close household
contacts by providing care packs and proactively making rapid antigen tests available to
staff.
REA’s Culture Club is creating a staff wellbeing portal using the Te Whare Tapa Whā
methodology.
The Board discussed the following:
REA reaching optimum capacity:
believes we will get there but this may take
weeks or months to achieve. There have been challenges with filling some critical roles
e.g.
but there is a lot of work being done to bring
teams to capacity. There are obvious challenges with recruitment in a remote COVID
environment and with a tight labour market.
Productivity impacts:
noted REA consists of small teams so when one role is
vacated in the EIE team, as an example, that is 10% of team. Wellbeing and living
circumstances also need to be factored in. In the current environment there are almost
daily changes to staffing circumstances so this does have some impact on productivity.
REA’s business continuity plan does cover backfilling of roles and responsibilities to ensure
ongoing operations. Productivity impact is managed through leaders setting clear
priorities, use of external providers and management oversight.
REA has done incredibly well in terms of delivery in very challenging times, however the
Board invited SLT to consider whether they need to make any adjustments to expectations
during this COVID environment.
to help with the Fit and Proper Standard work is an example where
REA has sought the appropriate level of support to help keep up with deliverables. REA
has pulled back on some pieces of non-critical work to ensure our people know where
priorities lie.
The Board expressed interest in seeing the results of the financial wellbeing survey.
Belinda also advised the Board that the annual Pulse Survey will be conducted again in
May which will give SLT some insights into the wellbeing of staff.
The Board emphasised the importance of having the necessary resources to deliver REA’s
statutory function and responsibilities.
The Board acknowledged SLT’s evident passion for REA’s people, particularly in the midst
of yet another challenging year and facing an economic shift.
Recommendations
It was recommended that the Board:
Note the contents of the Report and provide feedback on any matters raised.
Outcome: Noted
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
8) Provide the Board with key learnings from the staff financial wellbeing survey
once available.
Provide the Board with key learnings from the staff financial wellbeing survey
once available.
April 2022: themes reported in CE report, themes will shape the financial
wellbeing programme offered by P+C and Culture Club via Westpac and
Retirement Commission.
Due Date:
26 Apr 2022
Owner:
5.4
Regulatory Services Paper
The paper was taken as read and
Head of Regulatory Services, highlighted the
following:
· Bulk renewals are tracking well and are ahead of levels at the same time last year.
· Some improvements to the portal last year helped streamline the process.
· Final numbers will be available in April to better inform the budget.
· Reduction in cases over 90 days was noted.
The Board had no additional comments or queries.
Recommendation: It is recommended that the Board:
·
Note the contents of this paper and provide feedback on any matters raised.
Outcome: Noted
5.5
Legal Team Paper
The Legal Team Paper was taken as read and
General Counsel, highlighted the
following:
Recommendation: It is recommended that the Board:
·
Note the contents of this paper and provide feedback on any matters raised.
Outcome: Noted
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Minutes : Board Meeting 22 March 2022 - 22 Mar 2022
6.
Other Business
6.1
General Business
There was no additional general business for discussion.
6.2
Closing Karakia
The meeting was closed with a Karakia at 1.25pm.
7.
Close Meeting
7.1
Close the meeting
Next meeting: Board Meeting 26 April 2022 - 26 Apr 2022, 9:00 am
Unuhia, unuhia Draw on, draw on,
Unuhia ki te uru tapu nui Draw on the supreme sacredness
Kia wātea, kia māmā, te ngākau, To clear, to free the heart,
te tinana, te wairua t e ara takatā the body and the spirit of mankind
Koia rā e Rongo, whakairia ake ki runga Rongo, suspended high above us (i.e. in ‘heaven’)
Kia tina! TINA! Hui e! TĀIKI E! Draw together! Affirm!
Signature:____________________
Date:_________________________
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