The potential impropriety of comments on various property investor online forums have been picked up by the Commerce Commission recently.
So far the examination of this matter has not resulted in any prosecution but the Commission has issued advisory letters to forum administrators and various
industry groups* to remind investors of the anti-cartel rule per s30 of the Commerce Act.
In short, the Commission reminds investors to be careful around comments that could be construed as collusion to price-fix the rental property market (purchase
price or rent). Comments that call for a group of landlords to raise rental prices at the same time or any that seeks to compromise an individual landlord’s
ability to independently arrive at the rent he would charge or the price he would pay could raise red flags with the Commission. As nothing
on our various online platforms have been tagged by the Commerce Commission as being potentially inappropriate, we will refrain from commenting on
whether, in this instance, the Commission has overreached.
Setting aside the natural urge to speculate as to the underlying or overt political motivation behind Commerce Commission’s communiqué (it is an election
year after all!), we thought it would be helpful to share some tips and insights on how you can engage with each other constructively and positively
online.
- Do not expect privacy – In general, don’t expect your posts to be private even if you publish on private online forums.
The Commerce Commission is empowered to compel private online forums to grant access for its investigations. It has done so in other similar investigations. - Your right to free speech – The right to free speech, as it is understood by most,...
