Well known Wellington real estate agent facing third tribunal

Foreign Affairs Staffer Issues Trespass Notice Over Security Concerns

When a foreign affairs staffer heard that Saudi Arabian officials were going to view his rented apartment, he issued a trespass notice to his landlord after she refused to recognize his security concerns.

Accusations of Political Interference

This action led the property’s landlord, Tanya Lieven, who was also the realtor attempting to sell the apartment, to accuse him of “political interference” and trying to stop the Saudi Government from purchasing the property. Lieven, who is also a chartered accountant, is now facing a third tribunal over the incident, which occurred in 2019.

Tribunal Proceedings and Penalties

The case has already worked its way through the Tenancy Tribunal and the Real Estate Agents Disciplinary Tribunal (READT) after the former tenant lodged complaints. Last year, the READT issued a censure and a $3000 fine against Lieven. Her appeals against these decisions were unsuccessful, and the High Court upheld two charges of unsatisfactory conduct, including a threat to sue her tenant and a failure to demonstrate sound knowledge of the Residential Tenancies Act.

Chartered Accountants Tribunal Involvement

The New Zealand Institute of Chartered Accountants (NZICA) is now taking action, with its Professional Conduct Committee (PCC) prosecuting Lieven before its disciplinary tribunal. On Wednesday, this tribunal convened in Wellington to consider charges against Lieven based on the findings of the READT, alleging that her conduct towards her tenant also brought discredit to the accounting profession.

Charges of Misconduct

The charges accuse Lieven of misconduct in a professional capacity, conduct unbecoming of an accountant, and breaches of the NZICA’s code of ethics.

Details of the Incident

According to the facts presented in the READT decision, Lieven was both the landlord and the real estate agent selling the property. While she did not own the Wellington house, situated in Roseneath and overlooking Oriental Bay, she was the beneficiary of a trust that did. In 2019, she informed the existing tenants that the house would be required for viewings between business hours, Monday to Friday. The tenant, a Ministry of Foreign Affairs staffer whose name is suppressed, requested 48 hours’ notice due to security concerns.

Lieven responded that shorter notice was legal and given in her capacity as a real estate agent, not as the landlord. In a series of emails, she stated, “Just to be clear, we don’t need your permission. You have been provided notice effective immediately with times and days. That’s notice.”

Lieven further asserted that the Saudi government, along with their purchase delegation and security staff, would be viewing the property that week and that the tenants were required by law to comply.

Threats and Legal Disputes

After additional email exchanges in which the tenant detailed his security concerns, he issued a trespass notice against Lieven. She replied with a threat to sue for each and every loss, citing the $8 million sale price. Ultimately, the Saudi delegation did not view the property.

Defense and Allegations of Obstruction

At the Institute of Chartered Accountants headquarters in Wellington, Lieven submitted evidence questioning how her conduct as a realtor related to her practice as an accountant. She claimed the dispute had no connection to her accounting work and criticized the institute for failing to conduct an independent investigation.

Under questioning, Lieven expressed frustration, alleging that she was being punished for filing a complaint and that the institute was not upholding its rules. She referenced in a disparaging manner another chartered accountant against whom she had lodged a complaint. The institute has deferred to the police to investigate Lieven’s complaint.

Awaiting Tribunal Decision

Another aspect of the charge is that Lieven refused to provide the investigator with a copy of the High Court decision upholding the READT ruling. Richard Moon, counsel for the PCC, emphasized the seriousness of the code of ethics breach, stating it was a sustained and serious violation over several months and years. The tribunal will issue its findings in writing in due course.