Latest / Early Edition with Ryan Bridge / Sarina Gibbon: Auckland Property Investors Association General Manager on the privacy rights for tenants

Transcript

Sarina Gibbon: Auckland Property Investors Association General Manager on the privacy rights for tenants · Early Edition with Ryan Bridge

• 0:00
  Speaker 1: The Privacy Commissioner is wanting the hunt to land a
• 0:02
  Speaker 1: flat should not come at the expense of privacy. He's
• 0:05
  Speaker 1: updated rental market guidelines around what information landlords can and
• 0:09
  Speaker 1: can't ask for. They can ask for names, proof of identity,
• 0:12
  Speaker 1: and legal residency status, but they can't ask for things
• 0:15
  Speaker 1: like bank statements, employment status, religious beliefs, or social media URLs.
• 0:21
  Speaker 1: Serena Gibbons is general manager of Auckland's Property Investor Association,
• 0:25
  Speaker 1: and she joins me, now, good morning, good morning, Chesska.
• 0:28
  Speaker 1: Thanks for having me this conversation. We've had this, haven't
• 0:31
  Speaker 1: we happened back in twenty twenty one? So are we
• 0:35
  Speaker 1: still seeing landlords asking for information they shouldn't.
• 0:39
  Speaker 2: No, we're not seeing on a wholesale scale that landlord's
• 0:43
  Speaker 2: asking for information that they shouldn't be. And look at Francesca.
• 0:47
  Speaker 2: I think before anyone jumps on like a sealem which
• 0:49
  Speaker 2: hunts against landlords and property managers, I will say this.
• 0:52
  Speaker 2: I've read the Commissioner's press release and the language in
• 0:56
  Speaker 2: there is very speculative and sort of what psa warning
• 1:01
  Speaker 2: in nature. You know, he's using words like could, might
• 1:05
  Speaker 2: may you know, he's certainly not saying that there's a
• 1:08
  Speaker 2: horde of landlords out there collecting information they shouldn't. This
• 1:12
  Speaker 2: is simply a reminder to the industry that, given the
• 1:15
  Speaker 2: summer months and students are going back to school now
• 1:18
  Speaker 2: and looking for flats, that everyone in the rental sector
• 1:21
  Speaker 2: should be very aware of their rights and obligations.
• 1:24
  Speaker 1: Serena, is there room for misinterpretation within rental roles or
• 1:28
  Speaker 1: are they pretty clear?
• 1:30
  Speaker 2: The rules are pretty clear. I think the one thing
• 1:32
  Speaker 2: I would say, because I've worked worthy Procy Commissioner's Office
• 1:36
  Speaker 2: in the past to create the last inspiration of the
• 1:40
  Speaker 2: guidance and the current one is in a big departure
• 1:44
  Speaker 2: from it, I would say, you know, with all due respects,
• 1:48
  Speaker 2: it would be helpful instead of producing two separate documents,
• 1:52
  Speaker 2: one targeting landlords and a separate one targeting tenants. If
• 1:56
  Speaker 2: you look at both documents side by side, the lad
• 2:00
  Speaker 2: language and the approach are very different, and that could
• 2:04
  Speaker 2: end up setting very different expectations for the two parties
• 2:09
  Speaker 2: engaging in residential tendency. So, really, you know, what might
• 2:14
  Speaker 2: have been more helpful is for there to be one
• 2:16
  Speaker 2: uniform document that both landlords and tenants can consult on
• 2:21
  Speaker 2: and get guidance on. One of the examples I can
• 2:24
  Speaker 2: give you is in the landlord document. The language is
• 2:28
  Speaker 2: very specific around the taking of photographs during property inspections
• 2:33
  Speaker 2: and it maps out in there are certain exceptions where
• 2:37
  Speaker 2: landlords certain exceptional instances where landlords can take images of
• 2:43
  Speaker 2: personal items, such as if they believe that these personal
• 2:46
  Speaker 2: items are pointed to a lawful act or breach of
• 2:50
  Speaker 2: the tendency agreement or tendency law, but none of that
• 2:53
  Speaker 2: is mentioned in the tenants guidance documents. Tens. The guidance
• 2:57
  Speaker 2: documents simply says that landlords and be too intrusive in
• 3:01
  Speaker 2: the way they take photographs during inspection. So I'm sure
• 3:04
  Speaker 2: you can see there. You know, with different languages, different guidances,
• 3:08
  Speaker 2: it lands everyone at a very different striking point and
• 3:11
  Speaker 2: when it comes to taking photographs, and that could create
• 3:14
  Speaker 2: some very complex disputes at the end of the line.
• 3:18
  Speaker 1: Thank you so much, Serena for talking us through that.
• 3:20
  Speaker 1: It was Serena Gibbons, general manager of Auckland's Property Investor Association.
• 3:25
  Speaker 1: For more from early edition with Ryan Bridge, Listen live
• 3:28
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• 3:31
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