Property Management

Privacy guidelines under review

Controversial new Privacy Commissioner guidelines covering the information that landlords should and shouldn’t ask for when selecting tenants have been withdrawn – for now.

Wednesday, June 05th 2019

The recently released guidelines aimed to help landlords make decisions about what personal information it is reasonable to collect from prospective tenants, according to the Office of the Privacy Commissioner (OPC).

They group information requests into three categories - ‘always justified’, ‘sometimes justified’ and ‘almost never justified’.

Under this system, it is fine for a landlord to ask whether a prospective tenant has ever been evicted or for authorisation to perform a criminal check.

Yet it is very rarely okay for a landlord to ask about conflicts with previous neighbours and building managers or for credit card information or proof of insurance.

However, the guidelines - which are on longer on the OPC website - were greeted with dismay by landlords and property managers who described them as confusing and contradictory in many areas.

There was particular concern about the restrictions around running credit checks on tenants and the prohibition on asking someone’s age and/or to see a drivers license number.

Now OPC spokesman Charles Mabbett says that Privacy Commissioner, John Edwards, has decided to withdraw the guidelines for landlords for the time being.

The OPC is going through the process of reworking and revising the guidelines to make them clearer and to remove any seeming contradictions in the existing guidance, he says.

“We acknowledge that there are points which can be clearer and more precise. It won’t involve wholesale changes, just some refinements, so there’s no confusion.”

Part of this process includes working with a number of groups – including the NZ Property Investors Federation and Tenancy.co.nz - which have contacted the OPC with helpful feedback, Mabbett says.

“We hope to have a new and better version [of the guidelines] on our website in a few days’ time.”

Prior to the announcement, the NZPIF and REINZ along with several other industry representatives said they would have liked to have been consulted.

Tenancy.co.nz has now said they are looking forward to working collaboratively with the OPC moving forward.

Read more:

What landlords can’t ask tenants 

Credit check ban unreasonable 

Applying for a tenancy like applying for a job 

Comments

On Sunday, June 09th 2019 8:34 am Peter L said:

I bet that none of the public servants involved in this costly charade will be 'named and shamed' or get their hands smacked over this.

Heartland Bank - Online 6.69
SBS FirstHome Combo 6.74
Wairarapa Building Society 6.95
Unity 6.99
Co-operative Bank - First Home Special 7.04
ICBC 7.05
China Construction Bank 7.09
BNZ - Classic 7.24
ASB Bank 7.24
ANZ Special 7.24
TSB Special 7.24
Unity First Home Buyer special 6.45
Heartland Bank - Online 6.45
China Construction Bank 6.75
TSB Special 6.75
ICBC 6.75
ANZ Special 6.79
ASB Bank 6.79
AIA - Go Home Loans 6.79
Kiwibank Special 6.79
BNZ - Classic 6.79
Unity 6.79
Westpac Special 6.39
China Construction Bank 6.40
ICBC 6.49
SBS Bank Special 6.55
Kiwibank Special 6.55
BNZ - Classic 6.55
Co-operative Bank - Owner Occ 6.55
ASB Bank 6.55
AIA - Go Home Loans 6.55
TSB Special 6.59
Kainga Ora 6.99
SBS FirstHome Combo 6.19
AIA - Back My Build 6.19
ANZ Blueprint to Build 7.39
Credit Union Auckland 7.70
ICBC 7.85
Heartland Bank - Online 7.99
Pepper Money Essential 8.29
Co-operative Bank - Owner Occ 8.40
Co-operative Bank - Standard 8.40
First Credit Union Standard 8.50
Kiwibank 8.50

More Stories

Support for regulation

Monday, March 18th 2024

Support for regulation

REINZ has emphasised the need for property management regulation to Parliament’s Social Services and Community Committee.

A better investment market

Thursday, March 14th 2024

A better investment market

“Reinstatement of interest deductibility starting from the new tax year on 1 April brings property investors back in line with every other business in the country, where interest costs are a legitimate deductible expense," Tim Horsbrugh, New Zealand Property Investors Federation (NZPIF) executive committee member says.

[OPINION] Recessionary times

Thursday, March 14th 2024

[OPINION] Recessionary times

It is not the best out there for many businesses and property sector people. Sales are down across the board, our clients’ confidence is falling, and there is a lot of uncertainty.

Interest rate expectations: It’s not over yet

Thursday, March 07th 2024

Interest rate expectations: It’s not over yet

Most Kiwis think interest rate increases have peaked.