Our Policy


CBRE is committed to high standards of behaviour and conduct in its business activities and encourages the reporting of behaviour which fails to meet this standard.

CBRE’s approach to protected whistleblower disclosures is set out in this policy, which will be communicated to all CBRE officers and employees by email upon commencement of the policy and thereafter will be available on CBRE’s intranet and external website.


1. Purpose of Policy


The purpose of this policy is to ensure people understand what can be reported, who they can report to, and the protections they are provided with by making a report as a whistleblower under the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the Act). In addition, the policy outlines the responsibilities of the person who receives a whistle-blower report and that of CBRE New Zealand (CBRE) to ensure a person is not victimised or retaliated against for making a report.


2. Scope


This policy applies to all directors, officers, and employees of CBRE as well as any person who makes a report of serious wrongdoing in accordance with this policy and the Act. People that can make a report in accordance with this policy is any current or former director, officer, employee, secondee, contractor or volunteer of CBRE.


3. Policy statement


Protections

A person is entitled to protections under this policy if their report is made in accordance with this policy. A person may make a report to CBRE by way of the following:

  • EthicsPoint (CBRE’s confidential and anonymous system for reporting concerns)
  • Directly to:
  • Director or Associate Director of Ethics and Compliance – Pacific;
  • Senior Managing Director – New Zealand;
  • Director of People – Pacific; or
  • General Counsel – Pacific.

If a Line Manager is notified of conduct that would likely involve serious wrongdoing, the Line Manager is to immediately refer the matter to the Ethics and Compliance – Pacific team. This will ensure the matter is treated in accordance with this policy.

The protections afforded to a person are outlined below and apply to any report made in good faith and in accordance with this policy.

Confidentiality

A person who receives a report of serious wrongdoing must take all reasonable steps to protect the identity of the person submitting the report. There are limited circumstances in which the identity of the reporter may not be kept confidential and may be released:

  • If the person who made the report consents for their identity to be released (note: the receiver of the report must consult the person about the release of their identity);
  • For an investigation to be conducted appropriately, such as, complying with the principles of natural justice and procedural fairness (note: the receiver of the report must consult the person about the release of their identity);
  • To prevent serious risk to the health and safety of an individual or the public (note: the receiver of the report must, if practicable, consult the person about the release of their identity); or
  • For reporting the matter to or at the request of a law enforcement agency (note: the receiver of the report must, if practicable, consult the person about the release of their identity).

Retailiation

CBRE will not retaliate, or threaten to retaliate, against an employee because the employee has made, or intends to make, a report of serious wrongdoing in good faith and in accordance with this policy.

Retaliation is considered any adverse employment action taken against the employee who made a report and may include:

  • Dismissing the employee;
  • Forcing the employee to retire or resign;
  • The refusal or omission of the same terms of employment, conditions of work and other benefits or opportunities that are provided to other employees of the same/similar position, skill, experience and qualification; or
  • Any detriment the employee is subjected to of which other employees are not subjected to.

Victimisation

CBRE will not retaliate, or threaten to retaliate, against an employee because the employee has made, or intends to make, a report of serious wrongdoing in good faith and in accordance with this policy.

CBRE or any director, officer or employee of CBRE must not treat, or threaten to treat, another person less favourably in any of the following circumstances:

  • The person (or a relative or associate of that person) has made, or intends to make, a report in good faith and in accordance with this policy;
  • The person (or a relative or associate of that person) has encouraged someone else to make a report in good faith and in accordance with this policy; or
  • The person (or a relative or associate of that person) has given information in support of, or relating to, a report made in good faith and in accordance with this policy.

Immunity

A person who makes a report in accordance with this policy, and in good faith, is not liable for any civil, criminal, or disciplinary proceeding due to making the report.


4. Definitions


Employee means any person employed with CBRE under an employment contract in New Zealand. This excludes any volunteer undertaking work without reward for CBRE.

Contractor means any person engaged or contracted under a contract for services to do work for CBRE (e.g. contracted through an Independent Contractor Agreement).

Serious wrongdoing means any act, omission, or course of conduct in (or by) CBRE that is an offence in New Zealand; a serious risk to the health and safety of any individual, the public, or the environment; or a serious risk to the maintenance of law relating to the prevention, investigation and detection of offences or the right to a fair trial.

For example, this could include conduct by CBRE or any director, officer or employee of CBRE involving:

  • Fraud;
  • Bribery or corruption;
  • Money laundering or misappropriation of funds;
  • Violence or threats of; or
  • Possession or supply of illicit substances.


5. Roles, responsibilities and delegations


New Zealand Executive Committee

Demonstrate commitment to encourage and support any person of CBRE to make a report if the person suspects serious wrongdoing.

Communicate the expectations to CBRE personnel that they are expected to report serious wrongdoing via the appropriate channels, and they will not be retaliated or victimised against.

Senior Managing Director – New Zealand

Provide support and encouragement to any CBRE personnel that wish to make a report in accordance with this policy.

If in receipt of a report, refer the matter immediately to the Ethics and Compliance – Pacific team.

In consultation with the Ethics and Compliance – Pacific team assess and implement risk mitigation strategies to ensure the person who reported a matter is afforded the appropriate protections.

If in receipt of a report, maintain confidentiality of the matter in accordance with the statements outlined in this policy.

Ethics and Compliance – Pacific

Reports of serious wrongdoing made in accordance with this policy will be treated the same as serious misconduct matters in CBRE in that these matters will be investigated by an appropriately skilled and experienced investigator in the Ethics and Compliance – Pacific team. In investigating these matters, the assigned investigator will:

  • Within 20 days have acknowledged receipt of the report, consider whether the matter warrants investigation, check whether the report has been made elsewhere and if possible, have dealt with the matter (dealing with the matter may not be achievable within 20 days depending on the circumstances requiring investigation);
  • If an investigation is warranted, conduct the investigation in accordance with CBRE policies and procedures;
  • Where possible, maintain open and regular communication with the person who made the report to provide updates on the progress and outcomes of the investigation, having regard to confidentiality principles; and
  • Refer the matter to law enforcement authorities (if necessary).

The team will provide training, advice and ongoing support to CBRE staff in respect of this policy.

Line Managers – New Zealand

Ensure their direct reports are aware of and understand this policy.

Provide support and encouragement to any of their direct reports that wish to make a report in accordance with this policy.

If in receipt of a report, refer the matter immediately to the Ethics and Compliance – Pacific team.

If in receipt of a report, maintain confidentiality of the matter in accordance with the statements outlined in this policy.

Employees – New Zealand

Read and understand this policy and contact the Ethics and Compliance – Pacific team if in doubt or needing further advice.

If serious wrongdoing is identified, report it immediately in accordance with this policy.


6. Non-compliance with policy


If any person from CBRE engages in retaliation or victimisation against a person who made a report in accordance with this policy or fails to maintain confidentiality of a matter, this will be considered serious misconduct and will result in disciplinary action, up to and including termination.


7. Related legislation and documentation


  • Privacy Act 2020
  • Human Rights Act 1993
  • Employment Relations Act 2000
  • Global 04.02.09 Investigation of Legal and Ethical Misconduct
  • Global 04.02.08 Non-Retaliation policy


Contact Information


Director of Ethics and Compliance, CBRE
[email protected]

Ethics and Compliance Officer, CBRE
[email protected]


Policy number – ECP.03
Version number 1.0 – 3 August 2022