Generated on: 2022-08-16 13:20:32
CONFIRMED MINUTES
BOARD MEETING 21 JUNE 2022
At the
Board Meeting 16 August 2022 on
16 Aug 2022 these minutes were
confirmed as
presented.
Name:
Real Estate Authority
Date:
Tuesday, 21 June 2022
Time:
9:00 am to 1:05 pm
Location:
REA Office and Zoom, office and online
Board Members: Denese Bates QC (Chair), Latham Lockwood, Liz Nidd, Mele Wendt, Tony
Stack, Vern Walsh
Attendees:
Belinda Moffat, Andrew Bulled, Josh Doherty, Nadine Thomas, Phirak
Appleton, Saara Fourie, Victor Eng, Marie Snell
Guests/Notes:
, Legal Services Operations and Litigation Coordinator
(Item 4.4)
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 Belinda Moffat
(joining virtually from overseas) and Acting Chief Executive/Head of Corporate Services
.
1.3
Karakia
The Senior Leadership Team joined and the meeting was opened with a Karakia at 10.30am.
1.4
Confirmation of Agenda
The agenda was confirmed.
1.5
Interests Register
·
requested two changes:
o the Wellington Community Trust is now Wellington Community Fund and
is
the new chair.
o Community Governance Steering Group can be removed at end of July as she will
no longer be a member.
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
1.6
Confirm Minutes
Board Meeting 26 April 2022 26 Apr 2022, the minutes were confirmed as presented.
Minutes from the 26 April Board meeting and SPE paper (by written procedure 3
June) were approved.
Recommendation: On motions duly made and seconded, it is proposed that the
minutes of the 26 April Board meeting and SPE Budget paper (by written
procedure 3 June) be approved.
Decision Date:
21 Jun 2022
Mover:
Seconder:
Outcome:
Approved
2.
Actions from Previous Meetings
2.1
Action Item List
Due Date
Action Title
Owner
28 Apr 2022
1) Response to Minister's Letter of Expectation
Belinda Moffat
Status: Completed on 9 Jun 2022
29 Apr 2022
2) Send letter to HUD on Property Management Regulation costs,
Belinda Moffat
risks and consultation
Status: Completed on 29 Apr 2022
30 Apr 2022
3) Promote EAP service to staff
Status: Completed on 9 Jun 2022
30 Apr 2022
4) Information Systems Strategic Plan 2022
Status: Completed on 13 Jun 2022
30 Apr 2022
1) Awareness, Communication and Stakeholder Engagement
Strategy
Status: Completed on 9 Aug 2022
30 Apr 2022
2) Programme Manager reporting to be captured in the performance
report.
Status: Completed on 9 Aug 2022
1 May 2022
7) Litigation Reserve Policy
Belinda Moffat
Status: Completed on 1 May 2022
21 Jun 2022
3) Board Training Budget
Belinda Moffat
Status: Completed on 9 Aug 2022
21 Jun 2022
4) REA Emails for Board
Status: In Progress
30 Jun 2022
5) Review statutory guides and effective production and best practice
use principles for sector
Status: Completed on 9 Aug 2022
30 Jun 2022
12) Māori Engagement Strategy Approach
Belinda Moffat
Status: Completed on 13 Jun 2022
30 Jun 2022
6) Provide an update on ethnicity and tenure pay parity.
Status: In Progress
31 Jul 2022
7) Meeting with REINZ
Belinda Moffat
Status: In Progress
31 Jul 2022
9) Property Management Regulation
Belinda Moffat
Status: Completed on 13 Jul 2022
30 Sep 2022
14) Supervision
Status: Completed on 9 Aug 2022
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
Due Date
Action Title
Owner
18 Oct 2022
15) Flexi by Default review
Status: In Progress
Actions were taken as read and the following actions were discussed:
·
gave an update on Supervision. This was discussed at the Regulator's Forum and
remains a key piece of work being scoped for Q1.
· Translations are tracking for completion towards the end of July and the draft residential
property agency agreement guides were handed around to the Board for their perusal.
3.
Chief Executive's Report
3.1
CE Report
The report was taken as read and Chief Executive Belinda Moffat highlighted the following:
·
was acknowledged for stepping in as the Acting Chief Executive over the past
few weeks and SLT was thanked for their ongoing support.
· Paragraph 13: an update was provided on USB use.
·
OIA request: the Board is comfortable with the approach to explain the
relationship with REINZ and seek refinement over the scope of the request.
· Paragraph 19 COVID-19 workplace settings: review of REA’s vaccination policy and
workforce guidelines will be undertaken in coming weeks with a view to transitioning staff to
return to the office.
· Values:
spoke to the launch of our Values Refresh.
have been
engaged and 28 interviews have been held with the Board, SLT and staff to date. Next
steps will be
bringing back territories to discuss with leaders and staff.
·
· Strong relationship and engagement with REINZ.
The Board discussed the following matters:
· Resistance to returning to work: it is expected there may be some anxiety or resistance
from some staff which will need to be managed. There is a notable shift across the public
sector around flexible working in the longer term so this will need to be considered.
· The Board suggested that people are asked how they are feeling about returning to the
office. REA is due to run the annual Pulse Survey shortly and questions could be
incorporated relating to returning to the workforce.
· Paragraph 24 staff offsite speakers:
updated the Board on the two keynote
speakers who bring valuable perspectives from the disabled and Māori communities. Other
community organisations such as Age Concern were keen to participate and will be invited
to speak to staff at a later date. Board members noted that they also have contacts in key
communities and are keen to support connections where possible. Members are asked to
liaise with
on suitable contacts.
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
Recommendations
It was recommended that the Board:
Note the contents of this report.
Discuss and provide feedback on the matters raised in this report where indicated.
Outcome: Noted
10) Pulse Survey
Include return to work questions in the Pulse Survey.
August 2022: Pulse survey expected to be issued in September.
Due Date:
16 Aug 2022
Owner:
13) Diversity and Inclusion
Consider speakers from Pacific communities for REA's diversity speaker series.
to provide some contacts.
August 2022: recommendation provided to
EIE to follow up as part of
overall programme of speakers.
Due Date:
12 Sep 2022
Owner:
3.2
Break
4.
Board Papers for Approval or Discussion
4.1
2022/23 Statement of Performance Expectations
The paper was taken as read and there were no questions from the Board.
Belinda Moffat added that the final document will go to the Minister this week and will be published
on REA’s website. A press release will not be prepared this year, but the final document will be
sent to key stakeholders for their information and it will be highlighted in the next industry Pānui.
The recommendations were noted and approved.
Recommendations
It was recommended that the Board:
Note the Minister’s letter
Approve the Statement of Performance Expectations (SPE) for the year
ending 30 June 2023.
Decision Date:
21 Jun 2022
Mover:
Seconder:
Outcome:
Approved
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
4.2
Māori Engagement Framework Paper
This paper was taken as read and
Head of Engagement, Insights and Education,
highlighted the five key elements of REA’s Māori engagement strategy and approach. Questions
and comments were then invited from the Board.
The Board discussed the following matters:
Importance of having tangata whenua representation on the Board and suggestion of a
recruitment drive for more Māori staff. Belinda noted we did a Board capability matrix 18
months ago and appointing a Māori representative to the Board has been a high priority
communicated to the MoJ appointments team, although a candidate has not been
appointed to date.
Removing bias: all strategies in place are more educative and focus on changing attitudes.
Sometimes it is more effective to tackle it head on or in a more deliberate and blatant way.
Consider how to address ingrained attitudes and inherent bias that are so hard to change,
and how we operationalise this. Management noted that we hope to effect change in this
area by working with sector leaders and REINZ.
Connecting with iwi about transactions and implications for Māori.
Marae and Treaty visits: there is budget for Board cultural capability and the Board was
invited to consider what would work well for them in terms of joining with staff or having a
Board session at a marae.
mentioned
as a potential resource.
Suggested conducting a Board marae visit as a board training and development exercise.
experience could be useful in the planning of this.
A strategy paper will be prepared with the next steps to be taken.
Recommendation: It is recommended that the Board:
·
Review and discuss the proposed Māori Engagement Framework.
Outcome: Discussed.
Belinda Moffat left the meeting at 11.30am.
17) Tangata Whenua Board Representation
Continue to encourage MoJ appointments staff to address opportunity to have
tangata whenua on the Board.
August 2022: CE advised that appointments briefing has gone to Minister. REA
has previously advised appointment team about importance of Iwi
representation on board. CE will reiterate in next MOJ discussion.
Due Date:
12 Dec 2022
Owner:
Belinda Moffat
16) Māori Engagement Framework - Board Marae Visit
Coordinate Board marae visit or meeting at
.
August 2022: CE and
have discussed, Marae visit will be undertaken as
part of Maori Engagement Tactical plan once steps are mapped out and
purpose and outcomes are clear and agreed.
Due Date:
18 Oct 2022
Owner:
Belinda Moffat
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
4.3
CAC Review Report
The paper was taken as read and
, Head of Regulatory Services, highlighted the
following:
This was the first year REA has done a thematic review of CAC decisions and it has
proven valuable for discussions with Chairs. It will aid discussions at the upcoming in-
person CAC training day on 31 August.
The chosen theme was misrepresentation which is one of REA’s top three complaint
themes.
Highlighted good examples on why rules have been breached.
Report was well received by the Chairs and they are keen to share these examples, not
just for misrepresentation cases, where they need to link rules to decisions.
General Counsel, highlighted the comparative changes from REA’s
previous approach. Tailored to consumers and licensees.
and next year another
firm will be appointed to do the review to ensure objectivity and independence.
The Board made the following comments:
Useful report which links up to the CLIP project.
Great explanations of how rules relate to conduct.
Informs further work to be done on templates.
Recommendations were noted and approved.
Recommendations: It is recommended that the Board:
·
Note the contents of this paper and provide feedback on any matters raised.
·
Approve the recommendation regarding publication of this report.
Decision Date:
21 Jun 2022
Mover:
Seconder:
Outcome:
Approved
4.4
Overview of Legal Regulatory Positions and Knowledge Base
General Counsel, introduced
(Legal Team Co-ordinator) to
the Board and highlighted the following:
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
then introduced
to the Board and
gave a live demonstration on
M-Files and the Knowledgebase as provided to CAC members, including:
Template library
Decision writing planner
CAC writing guide that is included in induction packs.
The Board was invited to the CAC Training Day in Wellington on 31 August and further information
will follow.
Recommendations
It was recommended that the Board:
Note the contents of this paper and provide feedback on any matters raised.
Outcome: Noted
8) CAC Training Day - 31 August 2022
Invite the Board to the CAC Training Day on 31 August.
Update July 2022:
attending on behalf of the Board.
Due Date:
31 Jul 2022
Owner:
4.5
Break
5.
Board Papers for noting
5.1
Regulatory Services Team Paper
The paper was taken as read and
, Head of Regulatory Services, highlighted the
following points:
COVID-19 impacts on team and productivity.
Outsourcing and recruiting temporary resources.
Grace periods – review and removal.
CLIP update.
The Board made the following comments:
Outsourcing of complaints: case numbers, types and budget.
indicated that 30-40
cases will be outsourced and there is budget allocated for this. REA will determine the
types of cases allocated (lower end cases).
Time spent on cases, resolution and redress: depends on the issue at the heart of a
complaint.
Grace periods: 5-10 per month out of 1,000 are forgetting to renew. Currently a 6-week
reminder is sent, then an email and a text two weeks prior to expiry. Finally, a notification is
sent on the date of expiry. Board recommended that RST consider moving the initial
reminder back and alerting the company a licensee works for several days before expiry as
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
another step. Consequences are serious so perhaps more could be done. Staff noted that
the process is already multi-step and multi-channel.
used to track license expiries and verifiable/non-verifiable hours internally as
management protocol. Not everyone will be doing this.
Management will take on the feedback and consider whether adjustments can be made to
reminders.
CLIP Update
talked the Board through a presentation on the project, the reasons behind
this piece of work and the approach we are taking.
The Board asked whether there was more that they could do to reduce risk with this project
e.g. outsourcing BAU to help ease stress and workload during the project.
will give
this additional consideration and advised there are challenges with backfilling key people in
terms of BAU. Ensuring project milestones are realistic is key and these are being looked
at.
Recommendations
It was recommended that the Board:
Note the contents of the Report and provide feedback on any matters raised.
Outcome: Noted
11) License Expiry Reminders
Explore additional options for license expiry reminders.
11 August 2022 - The licensing and enquiries team are considering various
options to provide further assistance to licensees to remind them to renew their
licence on time.
Options being considered include:
Adding an additional text message and email 48 hours from expiry date
Additional email message to employer 48 hours from expiry
Understanding what other licensing regimes do to help communicate
pending licence expiry dates.
Due Date:
16 Aug 2022
Owner:
5.2
Legal Team Paper
The paper was taken as read and
, General Counsel, highlighted the following:
The Board had no comments or queries.
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 21 June 2022 - 21 Jun 2022
5.3
Audit & Risk Six-monthly Report
The paper was taken as read and
, Head of Corporate Services, highlighted the
following:
Auditors are on-site today for REA’s interim audit.
Paragraph 4: Health and Safety incidents highlighted. The Board suggest pulling this out as
a separate agenda item for future meetings.
Recommendations
It was recommended that the Board:
Note the Audit and Risk Committee’s six-monthly report to May 2022.
Outcome: Noted
12) Health and Safety Agenda Item
Add Health & Safety as a separate agenda item.
August 2022: health and safety reported in the CE report. CE has added
additional recommendation in CE report for Board to confirm discussion and
any feedback.
Due Date:
16 Aug 2022
Owner:
Belinda Moffat
6.
Other Business
6.1
General Business
No general business was discussed.
6.2
Closing Karakia
The meeting was closed with a Karakia at 1.05pm and the Board was invited to join REA staff for a
hangi to celebrate Matariki.
7.
Close Meeting
7.1
Close the meeting
Next meeting: Board Meeting 16 August 2022 - 16 Aug 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!
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Minutes : Board Meeting 21 June 2022 - 21 Jun 2022
Signature:____________________
Date:_________________________
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