1
00:00:00,080 --> 00:00:02,440
Speaker 1: The Privacy Commissioner is wanting the hunt to land a

2
00:00:02,440 --> 00:00:05,120
Speaker 1: flat should not come at the expense of privacy. He's

3
00:00:05,200 --> 00:00:09,399
Speaker 1: updated rental market guidelines around what information landlords can and

4
00:00:09,440 --> 00:00:12,639
Speaker 1: can't ask for. They can ask for names, proof of identity,

5
00:00:12,680 --> 00:00:15,920
Speaker 1: and legal residency status, but they can't ask for things

6
00:00:15,960 --> 00:00:20,759
Speaker 1: like bank statements, employment status, religious beliefs, or social media URLs.

7
00:00:21,400 --> 00:00:24,919
Speaker 1: Serena Gibbons is general manager of Auckland's Property Investor Association,

8
00:00:25,000 --> 00:00:28,319
Speaker 1: and she joins me, now, good morning, good morning, Chesska.

9
00:00:28,440 --> 00:00:31,680
Speaker 1: Thanks for having me this conversation. We've had this, haven't

10
00:00:31,680 --> 00:00:34,960
Speaker 1: we happened back in twenty twenty one? So are we

11
00:00:35,040 --> 00:00:38,520
Speaker 1: still seeing landlords asking for information they shouldn't.

12
00:00:39,440 --> 00:00:43,680
Speaker 2: No, we're not seeing on a wholesale scale that landlord's

13
00:00:43,680 --> 00:00:47,040
Speaker 2: asking for information that they shouldn't be. And look at Francesca.

14
00:00:47,040 --> 00:00:49,720
Speaker 2: I think before anyone jumps on like a sealem which

15
00:00:49,800 --> 00:00:52,800
Speaker 2: hunts against landlords and property managers, I will say this.

16
00:00:52,920 --> 00:00:56,800
Speaker 2: I've read the Commissioner's press release and the language in

17
00:00:56,840 --> 00:01:01,480
Speaker 2: there is very speculative and sort of what psa warning

18
00:01:01,560 --> 00:01:05,240
Speaker 2: in nature. You know, he's using words like could, might

19
00:01:05,560 --> 00:01:08,039
Speaker 2: may you know, he's certainly not saying that there's a

20
00:01:08,040 --> 00:01:11,920
Speaker 2: horde of landlords out there collecting information they shouldn't. This

21
00:01:12,040 --> 00:01:15,240
Speaker 2: is simply a reminder to the industry that, given the

22
00:01:15,240 --> 00:01:17,960
Speaker 2: summer months and students are going back to school now

23
00:01:18,000 --> 00:01:21,880
Speaker 2: and looking for flats, that everyone in the rental sector

24
00:01:21,920 --> 00:01:24,640
Speaker 2: should be very aware of their rights and obligations.

25
00:01:24,760 --> 00:01:28,120
Speaker 1: Serena, is there room for misinterpretation within rental roles or

26
00:01:28,120 --> 00:01:28,959
Speaker 1: are they pretty clear?

27
00:01:30,640 --> 00:01:32,679
Speaker 2: The rules are pretty clear. I think the one thing

28
00:01:32,720 --> 00:01:36,760
Speaker 2: I would say, because I've worked worthy Procy Commissioner's Office

29
00:01:36,840 --> 00:01:40,399
Speaker 2: in the past to create the last inspiration of the

30
00:01:40,440 --> 00:01:44,160
Speaker 2: guidance and the current one is in a big departure

31
00:01:44,200 --> 00:01:48,400
Speaker 2: from it, I would say, you know, with all due respects,

32
00:01:48,880 --> 00:01:52,640
Speaker 2: it would be helpful instead of producing two separate documents,

33
00:01:52,680 --> 00:01:56,720
Speaker 2: one targeting landlords and a separate one targeting tenants. If

34
00:01:56,760 --> 00:01:59,960
Speaker 2: you look at both documents side by side, the lad

35
00:02:00,040 --> 00:02:03,960
Speaker 2: language and the approach are very different, and that could

36
00:02:04,040 --> 00:02:09,400
Speaker 2: end up setting very different expectations for the two parties

37
00:02:09,400 --> 00:02:14,320
Speaker 2: engaging in residential tendency. So, really, you know, what might

38
00:02:14,360 --> 00:02:16,680
Speaker 2: have been more helpful is for there to be one

39
00:02:16,800 --> 00:02:21,160
Speaker 2: uniform document that both landlords and tenants can consult on

40
00:02:21,320 --> 00:02:24,560
Speaker 2: and get guidance on. One of the examples I can

41
00:02:24,560 --> 00:02:27,959
Speaker 2: give you is in the landlord document. The language is

42
00:02:28,080 --> 00:02:33,480
Speaker 2: very specific around the taking of photographs during property inspections

43
00:02:33,639 --> 00:02:37,640
Speaker 2: and it maps out in there are certain exceptions where

44
00:02:37,840 --> 00:02:42,960
Speaker 2: landlords certain exceptional instances where landlords can take images of

45
00:02:43,160 --> 00:02:46,560
Speaker 2: personal items, such as if they believe that these personal

46
00:02:46,600 --> 00:02:50,600
Speaker 2: items are pointed to a lawful act or breach of

47
00:02:50,600 --> 00:02:53,239
Speaker 2: the tendency agreement or tendency law, but none of that

48
00:02:53,400 --> 00:02:57,560
Speaker 2: is mentioned in the tenants guidance documents. Tens. The guidance

49
00:02:57,560 --> 00:03:01,080
Speaker 2: documents simply says that landlords and be too intrusive in

50
00:03:01,120 --> 00:03:04,400
Speaker 2: the way they take photographs during inspection. So I'm sure

51
00:03:04,440 --> 00:03:07,799
Speaker 2: you can see there. You know, with different languages, different guidances,

52
00:03:08,600 --> 00:03:11,320
Speaker 2: it lands everyone at a very different striking point and

53
00:03:11,320 --> 00:03:14,080
Speaker 2: when it comes to taking photographs, and that could create

54
00:03:14,320 --> 00:03:17,760
Speaker 2: some very complex disputes at the end of the line.

55
00:03:18,160 --> 00:03:20,240
Speaker 1: Thank you so much, Serena for talking us through that.

56
00:03:20,240 --> 00:03:24,239
Speaker 1: It was Serena Gibbons, general manager of Auckland's Property Investor Association.

57
00:03:25,200 --> 00:03:28,160
Speaker 1: For more from early edition with Ryan Bridge, Listen live

58
00:03:28,280 --> 00:03:31,280
Speaker 1: to news Talks it be from five am weekdays, or

59
00:03:31,360 --> 00:03:33,280
Speaker 1: follow the podcast on iHeartRadio,