Related Jira: BPC-339 (parent), BPC-373 (WHS Manual).

Item Schedule

Item 1: Agency

Item 2: Real Estate Sales Professional/Owner

Item 3: Date

______/ ______/ ________

Item 4: Caption

Being a Real Estate Professional/Owner of the Agency, I acknowledge that an @realty representative is the Agent for the Agency and I endorse and agree to apply in all my business activities the Policy and Procedures set out hereunder.

Signature

A. PRELIMINARY

(a) @realty Limited is a provider of back of house real estate services and a licensed real estate agency (Licence no. 20102863) that:

i. receives, holds and distributes trust funds to and from its trust account; and

ii. conducts services of administration pertaining to the transactions for the sales and purchases of property, in compliance with all relevant legal obligations and applicable legislation.

The Agency further acknowledges that @realty is not a party to the sale and purchase of property transacted by such Agency.

(b) @realty acts as the backroom office for real estate agencies. For the purpose of compliance, @realty provides the following:

i. A compliance platform;
ii. Agency agreements;
iii. Templates;
iv. Trust account facilities; and
v. Advisory services.

(c) The Real Estate Sales Professional works as a single operator, whether the Real Estate Sales Professional conducts their business as a sole trader or under a corporation. Real Estate Sales Professionals are small business operators, often operating without an office. Whilst @realty provides the services required for the Real Estate Sales Professional to conduct a Real Estate Agency, it is the individual Real Estate Sales Professional that carries out the following functions:

i. Lead generation;
ii. Marketing;
iii. Building enquiries;
iv. Attending property inspections;
v. Preparing agency agreements and property inspection reports;
vi. Preparing estimated likely selling prices;
vii. Preparing marketing campaign for properties;
viii. Conducting open homes;
ix. Managing the auction process where applicable;
x. Conducting sales by private treaty where applicable;
xi. Negotiating purchase price;
xii. Liaising with landlords;
xiii. Managing purchases;
xiv. Exchanging contracts;
xv. Preparing sales advices; and
xvi. Undertaking final inspections.

1. Our Complaints and Disputes Resolution Process

The Agency is dedicated to addressing any complaints or disputes that may arise, in a prompt, professional, and fair manner.

Please note: Clients and customers may access the Real Estate Agents Authority's complaints process at any time, without needing to go through our internal procedure. Additionally, using our internal process does not prevent a complaint from being lodged with the Authority.

Contact for Complaints or Disputes: Email: compliance@realty.co.nz — Phone: 0800 299 377

2. Public Complaint Handling

(a) Contact the Agency — If you have a complaint the first step is to contact @realty Limited on behalf of the Agency directly. You can do this via phone on 0800 299 377 or email compliance@realty.co.nz. Let them know that you have a complaint and provide them with details about the issue.

(b) Give the Agency Time to Respond — The Agency complaints manager will need time to investigate your complaint. They should acknowledge your complaint within two working days and respond to it within 20 working days. If they need more time to investigate, they will let you know.

(c) Keep Records — Make sure to keep a record of all communication with the Agency regarding your complaint, including the date and time of each conversation, who you spoke to, and what was discussed. This will be helpful if you need to escalate your complaint later.

(d) Escalate Your Complaint — If you are not satisfied with the response from the Agency, you can escalate your complaint to the Real Estate Authority (REA). You can do this by filling out a complaints form on the REA website https://www.rea.govt.nz/make-a-complaint/ or by contacting them directly on 0800 367 732.

(e) Wait for the REA to Investigate — The REA will investigate your complaint and may ask for more information from you or the Agency. They will aim to resolve your complaint within 60 working days.

(f) Receive a Decision — Once the REA has completed their investigation, they will provide you with a decision. If they find that the Agency has breached the rules, they may take disciplinary action or require the Agency to take certain steps to remedy the issue.

(g) Appeal the Decision — If you are not satisfied with the decision from the REA, you may be able to appeal to the Real Estate Agents Disciplinary Tribunal. The Tribunal is an independent body that can hear appeals and make binding decisions.

3. Internal Complaints Handling Process

(a) Acknowledge the Complaint — When a client makes a complaint, the first step is to acknowledge it as soon as possible. This can be done via phone or email. Let them know that their complaint has been received and assure them that the matter will be looked into promptly.

(b) Gather Information — Ask the client to provide all relevant information about the complaint, including any documents or evidence they may have. Make sure you understand the nature of the complaint, and if necessary, ask for clarification.

(c) Investigate the Complaint — Look into the complaint thoroughly, and if necessary, gather additional information. Speak to any relevant parties involved and review any relevant documentation.

(d) Respond to the Complaint — Once you have completed your investigation, respond to the client in writing or by phone. Let them know the outcome of the investigation and explain what, if any, action will be taken. If the complaint is found to be valid, apologise and provide a solution or compensation if appropriate.

(e) Follow up — After the complaint has been resolved, follow up with the client to ensure they are satisfied with the outcome.

(f) Record the Complaint — Keep a record of all complaints received, including details of the complaint, the investigation, and the outcome.

(g) Learn from the Complaint — Use the information gathered from the complaint to improve your services or processes. Take steps to prevent similar complaints from occurring in the future.

4. Real Estate Agents Act 2008 (Professional Conduct and Client Care) Rules 2012

Pursuant to section 14 of the Real Estate Agents Act 2008, the Real Estate Agents Authority, with the approval of the Minister of Justice given in accordance with section 17 of that Act, and after consultation in accordance with section 16 of that Act, makes the following rules.

1. TITLE — These rules are the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.

2. COMMENCEMENT — These rules came into force on 8 April 2013.

3. SCOPE AND OBJECTIVES

• 3.1 These practice rules setting out a code of professional conduct and client care have been prepared by the Real Estate Agents Authority (the Authority). They constitute the Professional Conduct and Client Care Rules required by section 14 of the Real Estate Agents Act 2008.

• 3.2 These practice rules set out the standard of conduct and client care that agents, branch managers, and salespersons (collectively referred to as licensees) are required to meet when carrying out real estate agency work and dealing with clients.

• 3.3 These practice rules are not an exhaustive statement of the conduct expected of licensees. They set minimum standards that licensees must observe and are a reference point for discipline.

• 3.4 These practice rules must be read in conjunction with the Act and regulations.

4. INTERPRETATION

• 4.1 In these rules: Act means the Real Estate Agents Act 2008; customer means a person who is a party or potential party to a transaction and excludes a prospective client and a client; prospective client means a person who is considering or intending to enter into an agency agreement with an agent to carry out real estate agency work; regulations means regulations made pursuant to the Act.

• 4.2 Unless the context otherwise requires, terms used in these rules have the same meaning as in the Act.

5. STANDARDS OF PROFESSIONAL COMPETENCE

• 5.1 A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.

• 5.2 A licensee must have a sound knowledge of the Act, regulations, rules issued by the Authority (including these rules), and other legislation relevant to real estate agency work.

6. STANDARDS OF PROFESSIONAL CONDUCT

• 6.1 A licensee must comply with fiduciary obligations to the licensee's client.

• 6.2 A licensee must act in good faith and deal fairly with all parties engaged in a transaction.

• 6.3 A licensee must not engage in any conduct likely to bring the industry into disrepute.

• 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client.

7. DUTY TO REPORT MISCONDUCT OR UNSATISFACTORY CONDUCT

• 7.1 A licensee who has reasonable grounds to suspect that another licensee has been guilty of unsatisfactory conduct may make a report to the Authority.

• 7.2 A licensee who has reasonable grounds to suspect that another licensee has been guilty of misconduct must make a report to the Authority.

• 7.3 A licensee must not use, or threaten to use, the complaints or disciplinary process for an improper purpose.

• 7.4 If a licensee learns that a person is committing an offence by undertaking real estate agency work without a licence, the licensee must immediately report the matter to the Authority.

8. DUTIES AND OBLIGATIONS OF AGENTS

• 8.1 An agent who is operating as a business must display these rules prominently in the public area of each office or branch, and provide access to them on every website maintained by the agent.

• 8.2 A licensee must make these rules available to any person on request.

• 8.3 An agent must ensure that all salespersons employed or engaged by the agent are properly supervised and managed.

• 8.4 An agent must ensure that all licensees employed or engaged by the agent have a sound knowledge of the Act, regulations, rules, and other legislation relevant to real estate agency work.

• 8.5 An agent must ensure that licensees are aware of and have the opportunity to undertake any continuing education required by the Authority.

9. CLIENT AND CUSTOMER CARE

General

• 9.1 A licensee must act in the best interests of a client and act in accordance with the client's instructions unless to do so would be contrary to law.

• 9.2 A licensee must not engage in any conduct that would put a prospective client, client, or customer under undue or unfair pressure.

• 9.3 A licensee must communicate regularly and in a timely manner and keep the client well informed of matters relevant to the client's interest, unless otherwise instructed by the client.

• 9.4 A licensee must not mislead customers as to the price expectations of the client.

• 9.5 A licensee must take due care to (a) ensure the security of land and every business; and (b) avoid risks of damage that may arise from customers, or clients that are not the owner of the land or business, accessing the land or business.

• 9.6 Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign on the property.

Agency agreements and contractual documents

• 9.7 Before a prospective client, client, or customer signs an agency agreement, a sale and purchase agreement, or other contractual document, a licensee must recommend the person seek legal advice; ensure the person is aware that they can seek technical or other advice; and allow a reasonable opportunity to obtain that advice.

• 9.8 A licensee must not take advantage of a prospective client's, client's, or customer's inability to understand relevant documents where such inability is reasonably apparent.

• 9.9 A licensee must not submit an agency agreement or a sale and purchase agreement or other contractual document to any person for signature unless all material particulars have been inserted or attached.

• 9.10 A licensee must explain to a prospective client that if he or she enters into or has already entered into other agency agreements, he or she could be liable to pay full commission to more than 1 agent.

• 9.11 On notice of cancellation of an agency agreement, the agent must advise the client, in writing, of the name of each customer in respect of whom the agent would claim a commission.

• 9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.

• 9.13 When authorised by a client to incur expenses, a licensee must seek to obtain the best value for the client.

Conflicts of interest

• 9.14 A licensee must not act in a capacity that would attract more than 1 commission in the same transaction.

• 9.15 A licensee must not engage in business or professional activity other than real estate agency work where the business or activity would, or could reasonably be expected to, compromise the discharge of the licensee's obligations.

Confidentiality

• 9.16 A licensee must not use information that is confidential to a client for the benefit of any other person or of the licensee.

• 9.17 A licensee must not disclose confidential personal information relating to a client unless (a) the client consents in writing; (b) disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings; (c) required by law; or (d) consistent with the information privacy principles in section 22 of the Privacy Act 2020.

• 9.18 Where a licensee discloses information under rule 9.17(b), (c) or (d), it may be only to the appropriate person or entity and only to the extent necessary for the permitted purpose.

10. CLIENT AND CUSTOMER CARE FOR SELLERS' AGENTS

• 10.1 This rule applies to an agent (and any licensee employed or engaged by the agent) who is entering, or has entered, into an agency agreement for the grant, sale, or other disposal of land or a business.

• 10.2 An appraisal of land or a business must be provided in writing, realistically reflect current market conditions, and be supported by comparable information on sales of similar land in similar locations or businesses.

• 10.3 Where no directly comparable or semi-comparable sales data exists, a licensee must explain this, in writing, to a client.

• 10.4 An advertised price must clearly reflect the pricing expectations agreed with the client.

• 10.5 Before a prospective client signs an agency agreement, the licensee must explain how choices that the client may make about how to sell or otherwise dispose of their land or business could impact on the individual benefits that the licensee may receive.

• 10.6 Before a prospective client signs an agency agreement, a licensee must explain and set out in writing: (a) the conditions under which commission must be paid and how commission is calculated, including an estimated cost (actual $ amount); (b) when the agency agreement ends; (c) how the land or business will be marketed and advertised; (d) that further information is available from the Authority.

• 10.7 A licensee is not required to discover hidden defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licensee that land may be subject to hidden or underlying defects, a licensee must either obtain confirmation from the client that the land is not subject to defect, or ensure the customer is informed of any significant potential risk.

• 10.8 A licensee must not continue to act for a client who directs that information of the type referred to in rule 10.7 be withheld.

• 10.9 A licensee must not advertise any land or business on terms different from those authorised by the client.

• 10.10 A licensee must submit to the client all offers concerning the grant, sale, or other disposal of any land or business, provided that such offers are in writing.

• 10.11 If a licensee is employed or engaged by an agent, the licensee must provide the agent with a copy of every written offer that the licensee submits.

• 10.12 An agent must retain, for a period of 12 months, a copy of every written offer submitted.

11. CLIENT AND CUSTOMER CARE FOR BUYERS' AGENTS

• 11.1 This rule applies where a buyer's agency agreement is being entered into, or has been entered into.

• 11.2 Before a prospective client signs a buyer's agency agreement, a licensee must explain and set out in writing: (a) the conditions under which commission must be paid and how commission is calculated, including an estimated cost based on the average of the estimated price range; (b) when the agency agreement ends; (c) any additional services; (d) that the client is not obliged to agree to additional expenses; (e) that further information is available from the Authority.

• 11.3 A licensee must not undertake real estate agency work with customers, or other licensees, on terms different from those authorised by the client.

• 11.4 A licensee must submit all offers that the licensee is instructed by the client to make concerning the purchase or acquisition of any land or business, provided that such offers are in writing.

• 11.5 If a licensee is employed or engaged by an agent, the licensee must provide the agent with a copy of every written offer that the licensee submits.

• 11.6 An agent must retain, for a period of 12 months, a copy of every written offer submitted.

12. INFORMATION ABOUT COMPLAINTS

• 12.1 An agent must develop and maintain written in-house procedures for dealing with complaints and dispute resolution. A copy of these procedures must be available to clients and consumers.

• 12.2 A licensee must ensure that prospective clients and customers are aware of these procedures before they enter into any contractual agreements.

• 12.3 A licensee must also ensure that prospective clients, clients, and customers are aware that they may access the Authority's complaints process without first using the in-house procedures.

• 12.4 A licensee employed or engaged by an agent must advise the agent within 10 working days of becoming aware of (a) any complaint made to the Authority against them and any orders; and (b) if the matter proceeds to the Tribunal, the decision and any orders.

• 12.5 If a licensee was employed by a different agent at the time of the conduct relevant to the complaint, the licensee must also provide the information to that agent within 10 working days.

13. REVOCATION — The Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (SR 2009/304) are revoked.

Date of notification in Gazette: 13 December 2012. These rules are administered by the Real Estate Agents Authority.

5. Privacy Policy

@realty is committed to protecting the privacy of your personal information. @realty adheres to the Privacy Act 2020 in New Zealand.

This privacy statement aims to inform you about your rights regarding personal data. It includes information on the collection, processing, and use of personal data under the General Data Protection Regulation (GDPR) 2018. In specific cases, additional policies may apply alongside this Privacy Policy.

By accessing our websites (including www.atrealty.co.nz or any other sites we may create) or by providing personal information to us, you consent to the handling of your information per this Privacy Policy.

We reserve the right to update this privacy statement as needed. For our Full Privacy Policy, please see Section 14 below.

6. Disclaimer

@realty maintains @realty website and related publications. @realty makes no guarantees regarding the accuracy or reliability of the content provided (including any information generated on the @realty platform or third-party content). They will not be held liable for any omissions or inaccuracies.

Clients and customers of @realty are encouraged to conduct their own inquiries to fully verify all information. The term "agent" is used for ease of reference and formally represents either a real estate agent or salesperson licensed under the Real Estate Agents Act 2008.

@realty, including its directors, officers, and agents, disclaims liability for any loss or damage that may result from reliance on @realty platform or publications.

7. Property Reports

The @realty platform may contain Inspection Reports, Property Reports, Land Information Memorandums, Health & Safety Reports, and other reports from third parties.

These reports were prepared as of the specified date and may no longer reflect current information. They may not account for external factors that could impact property values. As such, these reports should not be considered advisory and should not be relied upon by @realty clients or any other party.

@realty recommends that all clients seek professional guidance before making property decisions and, if needed, arrange independent assessments.

8. Information for Sellers, Buyers, and Potential Clients

@realty is licensed under the Real Estate Agents Act 2008 and therefore the agents, branch managers, and salespersons are bound by the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. The Rules should be read in conjunction with the Act and the Regulations at https://www.rea.govt.nz/the-real-estate-authority/real-estate-agents-act-2008/.

Each of the agents, branch managers, and salespersons affiliated with @realty are government licensed by the Real Estate Agents Authority (REAA). This can be checked on www.rea.govt.nz (select Public Register) or call 0800 367 7322. All agents also belong to the Real Estate Institute of New Zealand (REINZ).

All real estate agents must comply with the Code of Conduct set by the Real Estate Agents Authority at https://www.rea.govt.nz/real-estate-professionals/resources/.

9. Advice to Buyers and Sellers

Buyers and sellers are required by law to be provided with a copy of specific documents (one for sellers, one for buyers) produced by the Real Estate Agents Authority before signing documents. @realty requires the agents and agencies affiliated with @realty to provide these documents but if you would like to read them in advance please visit https://www.settled.govt.nz/ and select 'publications and forms'.

10. Third Party Content

The @realty platform features Third Party Content, which is content provided to @realty by external parties. @realty does not monitor or investigate Third Party Content as a general practice.

As such, @realty neither endorses nor takes responsibility for Third Party Content. They do not provide any express or implied representations concerning the accuracy, reliability, or quality of Third Party Content, and it does not reflect the views of @realty.

Clients and customers of @realty must rely on Third Party Content at their own discretion and risk, recognising that they are solely responsible for any decisions they make based on such content.

11. Remarketing

Remarketing is a digital marketing strategy that targets people who have previously visited a website but did not convert. When someone visits @realty website in New Zealand, a cookie is usually placed on their device to track their activity on the website.

By using remarketing, @realty can serve targeted ads to people who have visited their website but left without converting. This helps to keep @realty top of mind and encourage them to return to the website to complete a desired action such as filling out a contact form or scheduling a property viewing.

However, if a person removes the cookie from their device, they may no longer be tracked for remarketing purposes.

It's important for @realty to continually assess and adjust their remarketing strategy to ensure that it's effective and complies with privacy regulations. This may include using other targeting methods such as email marketing or social media advertising.

12. Copyright

Copyright Ownership — All works created by our employees or contractors for the purpose of promoting @realty are the property of our agency, unless otherwise agreed to in writing.

Copyright Permissions — Any use of copyrighted materials owned by @realty requires written permission from the copyright owner, unless the use is considered "fair dealing" under New Zealand copyright law.

Copyright Infringement — @realty takes copyright infringement seriously and will take appropriate action to protect our rights.

Third-Party Copyrights — @realty respects the copyright of third-party works and requires employees and contractors to obtain permission before using third-party works in our materials. Contact: compliance@realty.co.nz or 0800 299 377.

DMCA Compliance — @realty complies with the Digital Millennium Copyright Act (DMCA) and the Notice and Takedown provisions of the New Zealand Copyright Act.

13. New Salespersons

In the event that the Agency employs or contracts new salespeople, the Agency will confirm to such new salespersons that they are not permitted to sign Agency Agreements nor Sales and Purchase Agreements for a minimum period of twelve (12) months from the date of engagement ("minimum period"). During the minimum period, the Agency will be responsible for training and educating each new salesperson and shall keep a record of weekly movements and dealings made by the new salesperson.

14. Full Privacy Policy

Overview — Your privacy is important to us. This policy describes how we collect, use, disclose, and protect your personal information when you engage with us. We follow the New Zealand Privacy Act 2020 and ensure transparency in our privacy practices.

Scope of this Privacy Policy — This Privacy Policy applies to users of our digital platforms, including our website and social media channels. It explains how we comply with the Privacy Act regarding the handling of personal information.

Agreement to Policy Terms — By contacting us through our website, digital platforms, or social media, you agree to this Privacy Policy. If you prefer not to agree, please reach our DBG member @realty Limited by email on compliance@realty.co.nz or by phone at 0800 299 377 (ask for the Business & Compliance Officer) instead.

Collection of Personal Information — Personal information includes data about an identifiable individual. We collect only what is necessary, typically directly from you via phone or video calls (e.g. Microsoft Teams, Zoom), our website or social media interactions (including chatbots), and emails, letters, or marketing activities. Types of personal information may include name, contact details, service details and inquiries, and preferences (e.g. property price range).

Online Data Collection — When you visit our website or social media pages, we may collect information using cookies, such as visit date and time, pages viewed, navigation details, device and browser type, and IP address.

Use of Personal Information — We use personal information to verify eligibility for our services, respond to inquiries, and provide information on our services. Where legally required, we may also disclose personal information to regulatory authorities.

Protecting Your Personal Information — We use a variety of measures to keep your information safe, including access control and security protocols, employee confidentiality and training, and data retention policies.

Sharing Personal Information — We may share information with outsourced service providers (e.g. auditors), external dispute resolution services, and regulatory bodies. We will not share personal information with third parties without your consent unless necessary for our services or required by law.

Service Providers — We use third party service providers to store and process some of the information we collect. We use AML Hub cloud servers located in New Zealand.

Overseas Information Transfer — In some cases, your information may be transferred outside New Zealand to trusted service providers. We ensure that privacy standards are maintained.

External Websites and Social Media — Our website may link to third-party websites with their own privacy practices. We are not responsible for their content or privacy policies.

Access, Correction, and Deletion — You may request access to or correction of your information by contacting us at 0800 299 377 or compliance@realty.co.nz.

Policy Updates — We regularly review and update this policy. Significant changes will be posted on our website.

Questions or Concerns — If you have concerns about our privacy practices, please contact our Business and Compliance Officer at 0800 299 377 or compliance@realty.co.nz. If you're dissatisfied with our response, you may contact the Privacy Commissioner.

Marketing and Digital Channel Data Collection — We collect and use personal information for tailored services, marketing, and site improvement. Specific details may be collected through website interactions and social media (e.g. Facebook, LinkedIn).

Use of Marketing Information — We may use your information to send newsletters, respond to inquiries, improve website experiences, and provide relevant marketing content.

15. Supervision Guidelines

Pursuant to the Real Estate Agents Act 2008, the law mandates that a salesperson performing agency work must be appropriately supervised and managed by either an agent or the manager.

Set out below are step-by-step procedures for both an agent listing and for dealing with an Offer and preparing a Sale and Purchase Agreement.

Step-by-step procedure for preparing and listing a property in New Zealand

STEP 1: PRE-LISTING PREPARATIONS

1. Obtain Necessary Information — Gather property details from the vendor, including legal ownership details, title, zoning, council rates and any restrictions (e.g. covenants or easements).

2. Appraise the Property — Conduct a comparative market analysis (CMA) to provide an estimate of the property's value.

3. Discuss Marketing Strategies — Advise the vendor on pricing methods (e.g. fixed price, price by negotiation, auction, tender) and marketing options.

4. Check Vendor's Authority — Ensure the person signing the agreement has legal authority.

STEP 2: PREPARING THE LISTING AGREEMENT
5. Complete a Listing Agreement — Prepare the correct agency agreement (exclusive, general, or conjunctional) as per the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.
6. Include Required Disclosures — Attach any necessary disclosure statements, including agency commission, estimated marketing costs and rebate disclosures.
7. Explain Terms & Conditions — Ensure the vendor understands key clauses.

STEP 3: VENDOR SIGN-OFF
8. Present the Agreement to the Vendor — Meet with the vendor to review the agreement.
9. Obtain Vendor's Signature — Ensure the vendor signs and dates the agreement and provide the vendor with a copy immediately.
10. Cooling-Off Period (if applicable) — Advise the vendor of the statutory cooling-off period (one working day).

STEP 4: LISTING PREPARATION
11. Gather Marketing Materials — Arrange professional photography, floor plans and virtual tours if required.
12. Draft Listing Description — Write a compelling property description.
13. Confirm Listing Accuracy — Cross-check all details with the vendor.

STEP 5: LISTING THE PROPERTY ONLINE
14. Tabs — There are 7 tabs in the @realty CRM that must be addressed in order for the listing to go live: Tab 1 — Marketing; Tab 2 — Listing information; Tab 3 — Ad details; Tab 4 — Photos, Floorplans and Videos; Tab 5 — Open home dates and time; Tab 6 — Documents; Tab 7 — Listing portals.
15. Enter information — You must enter all the information into the listing tabs.
16. Set the Pricing & Listing Type — Specify the asking price, auction date or price by negotiation.
17. Add Details — Enter your headline and advertising description.
18. Photos & Floorplans — Upload high-quality images and Floorplans.
19. Documentation — Upload required documents to the @realty CRM for Compliance team approval.
20. Upload to Internet Advertising Platforms — Upload the property to the advertising platforms.

STEP 6: POST-LISTING MANAGEMENT
21. Monitor Listing Performance — Track online engagement, inquiries and adjust marketing strategies.
22. Respond to Buyer Inquiries — Promptly follow up with interested buyers.
23. Update the Vendor — Keep the vendor informed.
24. Present all offers — Present all written offers to your vendor in a timely manner.

Step-by-step procedure for handling an offer and preparing a Sale & Purchase Agreement in New Zealand

STEP 1: RECEIVING AN OFFER FROM A BUYER

1. Confirm Buyer's Intentions — Ensure the buyer is serious and has the financial means to proceed.

2. Obtain Offer Details — Gather key terms: offer price; deposit amount; settlement date; conditions (e.g. finance, building inspection, LIM report, due diligence); chattels included/excluded.

3. Use the Correct Sale & Purchase Agreement Form — Generally, the REINZ/ADLS Agreement for Sale and Purchase of Real Estate is used.

4. Assist Buyer in Completing the Offer — Ensure all necessary sections are completed.

5. Obtain Buyer's Signature — Have the buyer sign the offer.

STEP 2: PREPARING THE SALE & PURCHASE AGREEMENT
6. Ensure All Details Are Correct — Review the agreement thoroughly.
7. Vendor Signs the Agreement — Ensure the vendor signs the contract.
8. Provide Copies to Both Parties — Provide a fully signed agreement to both buyer and vendor.
9. Facilitate the Deposit Payment — Advise the buyer to pay the agreed deposit into the agency's trust account.

STEP 3: PRESENTING THE OFFER TO THE VENDOR
10. Schedule a Meeting or Call with the Vendor — Inform the vendor and arrange to present the offer.
11. Explain the Offer Terms — Clearly outline price, conditions, settlement date.
12. Discuss Options with the Vendor — The vendor can Accept, Counter, or Reject the Offer.

STEP 4: ACCEPTANCE OF S&P
13. Ensure all parties have correctly signed the S&P.
14. Create an Offer in the @realty CRM and follow the 7 tabs.
15. Upload the S&P for compliance department review.
16. The tabs for the offer section are: offer price; deposit amount; settlement date; conditions; chattels.
17. The @realty CRM will ensure all parties and their Solicitors receive a copy.

STEP 5: MANAGING CONDITIONS AND CONTRACTUAL OBLIGATIONS
18. Settlements Department — Will monitor and liaise with all parties.
19. Monitor Conditional Period — Track deadlines and assist where possible.
20. Confirm Condition Fulfilment — The buyer must confirm in writing once conditions are met.
21. Deposit — The @realty CRM will send an invoice to the buyer for the required deposit.

STEP 6: PREPARING FOR SETTLEMENT
22. Issue Gross Commission Statement — The settlements team will issue a GCS to the solicitors.
23. Ensure Settlement Readiness — The settlement team will confirm with solicitors.
24. Prepare for Final Inspections — Arrange a pre-settlement inspection with the buyer if required.
25. Complete Settlement and Handover Keys — Release keys to the buyer once settlement is confirmed.

Reference links:

• Professional Standard on Supervision

• Supplementary Guidance: Professional Standard on Supervision

• REINZ Information Sheet for Supervision

• REINZ Template for Supervision Plan

16. Reporting When an @realty Representative is the Agent for Your Agency

PLEASE NOTE THAT — where @realty Limited or any one of its Representatives is the Agent for your Agency and the Agency employs or sub-contracts a real estate salesperson of less than two (2) years of experience in the real estate industry, the Manager or Principal of this Agency is required to complete, sign and return the Checklist (below) every fourteen (14) days until the said real estate salesperson has two (2) or more years of experience in the real estate industry.

This does not include a real estate salesperson of two (2) or more years of experience in the real estate industry.

Checklist for completion and return by the Manager or Principal

(To be completed and returned fortnightly to compliance@realty.co.nz)

1. Compliaints and complaints — Have there been any complaints received by the agency in the last 14 days? ☐ Yes / ☐ No. If yes, provide brief details of each complaint, including action taken or proposed.

2. New staff onboarding — Have any new salespeople with less than two (2) years experience been employed or sub-contracted in the last two (2) weeks? ☐ Yes / ☐ No. If yes, provide full names, whether new to the industry, length of experience, and previous roles.

3. New-salesperson training — For salespeople with less than 12 months of experience: Will they be trained in accordance with supervision guidelines? ☐ Yes / ☐ No. Will they be accompanied at appointments by a qualified professional with at least 2 years of experience? ☐ Yes / ☐ No. Fortnightly report: observations, training updates, any concerns or areas requiring additional support.

4. Workplace relations — Have there been any conflicts or complaints between salespeople and administration in the last 14 days? ☐ Yes / ☐ No.

5. Operational updates — Are there any issues with the agency's compliance with REA regulations? ☐ Yes / ☐ No. Have there been any updates, changes, or concerns regarding agency policies or procedures? ☐ Yes / ☐ No.

6. Sales and listings — Have there been any sales that fell through or were disputed in the last 14 days? ☐ Yes / ☐ No. Have there been any issues related to misrepresentation or advertising complaints regarding listings? ☐ Yes / ☐ No.

7. General feedback — Any other matters or concerns that need to be brought to the Agent's attention? Comments or suggestions for improving agency operations.

17. WHS Manual

1. Purpose

This Work Health and Safety Manual outlines the systems and procedures that ensure the health and safety of workers, contractors, clients, and members of the public involved in real estate activities carried out under the Agency.

It sets out the Agency's commitment to proactively managing work health and safety risks, and the minimum standards that every person operating under this brand must follow. It is designed to minimise harm, satisfy legislative duties, and establish a clear framework of accountability across all Agency activities.

2. Scope

This Manual applies to every worker (whether employed, engaged as a contractor, or otherwise carrying out work on behalf of the Agency) as well as to every person who may be affected by real estate activity undertaken by the Agency.

Applies to:

• Employees (salespeople, property managers, administration staff)

• Contractors (photographers, tradies, cleaners, stylists)

• Clients, tenants, landlords, and visitors

Covers:

• Offices

• Open homes and inspections

• Property management activities

• Auctions and on-site work

3. Legal Framework

This Manual is based on obligations under the Health and Safety at Work Act 2015 (HSWA). The HSWA is New Zealand's primary work-health-and-safety statute. It imposes a primary duty of care on every Person Conducting a Business or Undertaking (PCBU), together with secondary duties on workers, officers, and others in the workplace.

The Agency, as a PCBU, must actively manage risk rather than simply respond to incidents after they occur.

Key Duties:

• Ensure, so far as reasonably practicable, the health and safety of workers, and the safety of other persons affected by the work

• Identify hazards and manage risks arising from real estate activities

• Provide training, supervision, and safe systems of work

• Consult, cooperate, and coordinate activities with other PCBUs who share responsibility at a workplace

4. Responsibilities

4.1 PCBU (Agency / Business Owner) — The PCBU must provide safe systems of work, maintain safe work environments, ensure worker training and supervision, and monitor health and safety performance.

4.2 Workers (Agents & Staff) — Workers must take reasonable care of their own safety and the safety of others, follow Agency policies and procedures, report hazards and incidents promptly, and use equipment correctly.

4.3 Contractors — Contractors must comply with all health and safety requirements, provide their own safe systems of work, and coordinate with the Agency. Contractors are PCBUs in their own right. Before a contractor commences work, the Agency must confirm the contractor has adequate safety systems and insurance.

5. Risk Management Process

Risk management is the cornerstone of WHS compliance. All workers must apply the following three-step process before and during any activity that may give rise to risk.

Step 1 — Identify Hazards. Common real estate hazards include: aggressive or unknown clients; dogs or other animals at properties; unsafe structures such as loose decking, stairs, or slippery surfaces; lone working; driving between appointments; and adverse weather conditions.

Step 2 — Assess Risk. Each hazard must be evaluated by considering both the likelihood of harm occurring and the severity of that harm. Where both likelihood and severity are high, the activity must not proceed until controls are in place.

Step 3 — Control Risks. Controls must be applied in the order of the hierarchy: Eliminate → Substitute → Isolate → Minimise (procedures, training, PPE). Higher-level controls must always be preferred over lower-level ones.

6. Safe Work Procedures

6.1 Property Inspections & Open Homes — Every inspection or open home must begin with a pre-inspection risk assessment.

• Conduct a pre-inspection risk assessment

• Check for structural hazards, animals present, and environmental risks (e.g. steep driveways, loose paving, flood risk)

• Never attend high-risk properties alone if concerns exist

• Keep exits clear and accessible at all times

• Position yourself between the client and the nearest exit so an escape route is preserved

6.2 Lone Working — Lone working is a known elevated risk in the real estate industry and requires specific precautions.

• Notify the office of your schedule and the locations you will be attending

• Use check-in / check-out systems so someone knows when you should next be heard from

• Carry a fully charged mobile phone at all times

• Avoid isolated properties where possible

• Use duress alarms or tracker apps if available

6.3 Dealing with Clients & the Public

• Trust your instincts — leave immediately if a situation feels unsafe

• Avoid disclosing personal information (home address, schedule) beyond what is required for the transaction

• Do not attend appointments where you feel threatened; reschedule for a safer time, location, or with a colleague

• Report all incidents of aggression, intimidation, or unsafe behaviour, regardless of how minor they appear

6.4 Driving Safety — Real estate work involves significant time on the road and driving is statistically one of the highest-risk activities workers perform.

• Follow all road rules

• Avoid phone use while driving (hands-free is the minimum where calls are necessary)

• Plan routes to minimise fatigue and allow for rest breaks

• Ensure the vehicle is roadworthy, with current warrant of fitness and registration

6.5 Property Hazards

• Identify and report hazards to owners in writing (e.g. exposed wiring, loose tiles, pool fencing deficiencies, meth contamination, mould)

• Do not expose clients, tenants, or other workers to known risks

• Restrict access where necessary — by rope, barrier, or signage — until the hazard is remedied

7. Incident Reporting

What to Report:

• Injuries — any harm to any person arising from work activity

• Near misses — situations that could have caused injury but did not

• Threats or aggressive behaviour from clients, tenants, or members of the public

• Property hazards identified that require remediation

Process:

1. Ensure immediate safety — remove yourself and others from danger and call 111 if required

2. Notify the manager as soon as reasonably practicable

3. Complete an incident report using the template at Appendix B

4. Investigate the cause and implement controls to prevent recurrence

Notifiable Events — Serious incidents (including any fatality, serious injury or illness, or serious near miss as defined under sections 23–25 of the HSWA) must be reported to WorkSafe New Zealand without delay. The site must be preserved until WorkSafe advises otherwise.

8. Emergency Procedures

• Fire: Evacuate immediately. Call 111. Assemble at the designated point. Do not re-enter the building until advised it is safe to do so.

• Medical Emergency: Call 111. Provide first aid only if trained and it is safe to do so. Remain with the injured person until emergency services arrive.

• Threatening Situation: Leave immediately — your safety is the priority. Do not engage further with the aggressor. Call the Police on 111 if required and notify the office so colleagues can be alerted and supported.

9. Training & Competency

All workers must receive the following training before and during their engagement with the Agency:

• Health & safety induction before starting work

• Ongoing training, with annual refreshers recommended as a minimum

• Role-specific training in lone work, conflict management, and emergency response

Training records must be retained and reviewed against the Agency's training matrix to ensure currency.

10. Consultation & Communication

Health and safety works best when it is a shared conversation. The Agency is committed to:

• Regular team health and safety meetings

• Encouraging the reporting of hazards without fear of reprisal

• Engaging workers in safety improvements and decisions that may affect their health or safety

11. Contractor Management

Before engaging any contractor, the Agency will:

• Verify the contractor's competence for the work being undertaken

• Require evidence of current public liability and professional indemnity insurance

• Confirm the contractor has its own health and safety systems in place

• Share hazard information held by the Agency before the contractor commences work

• Coordinate activities so that no worker is exposed to compounded risk from overlapping tasks

12. Documentation & Records

The Agency will maintain the following records for the period required by the HSWA and privacy legislation:

• Incident reports

• Risk assessments

• Training records

• Contractor records, including insurance certificates and onboarding checklists

13. Review & Continuous Improvement

• Review this Manual annually, or promptly after any notifiable incident, significant change in activity, or change in legislation

• Update procedures as needed to reflect lessons learned

• Monitor effectiveness of controls through incident trends and staff feedback

Appendix A — Sample Risk Checklist (Open Home)

Use this checklist before each open home, alongside the property file. Tick each item once satisfied.

• ☐ Property structurally safe

• ☐ No aggressive animals

• ☐ Clear access / egress

• ☐ No visible hazards

• ☐ Phone charged

• ☐ Office notified

Appendix B — Incident Report (Summary Fields)

Every incident must be recorded using the following fields, at minimum, and filed with the Agency.

• Date / Time

• Location

• Persons involved

• Description of the incident

• Action taken at the time

• Recommendations to prevent recurrence

For the authoritative master copy, refer to the Google Drive folder linked at the top of this article. Confluence page: NZ OASIS P&P (incl. WHS Manual) 2026.