(1) In this Act, unless the context otherwise requires,—
Accommodation broker means a person who, in the ordinary course of business, otherwise than as a solicitor or a real estate agent acting on behalf of clients, informs other persons for fee or reward—
Address for service means the address given by the landlord or tenant under this Act as the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the landlord or tenant, as the case may be
Address for service: this definition was inserted, as from 1 May 1996, by section 2(1) Residential Tenancies Amendment Act 1996 (1996 No 7).
Adult means a person who has attained the age of 18 years, or who is under that age but is or has been married or in a civil union
adult: this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by adding the words “or in a civil union”
.
Agent, in relation to any person who is a landlord or a tenant, means an agent of that person in that person's capacity as landlord or tenant; and includes an employee of that person in that person's capacity as landlord or tenant
Application, in relation to the Tribunal, includes—
Application: paragraph (d) of this definition was amended, as from 18 August 1992, by section 2(1) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “chief executive”
for the words “Director-General”
.
Bailiff means a bailiff of a District Court
Bond means any sum of money payable or paid under a tenancy agreement as security for the observance and performance of the tenant's obligations under the agreement and this Act; but does not include any sum payable or paid by way of rent
Chief executive means the chief executive of the Ministry of Housing
Chief executive: this definition was inserted, as from 18 August 1992, by section 2(2) Residential Tenancies Amendment Act 1992 (1992 No 79).
Commercial premises means premises that are not residential premises
Contact address,—
Contact address: this definition was inserted, as from 1 May 1996, by section 2(2) Residential Tenancies Amendment Act 1996 (1996 No 7).
Corporation
[Repealed]
Corporation: this definition was repealed, as from 18 August 1992, by section 2(3) Residential Tenancies Amendment Act 1992 (1992 No 79).
Deputy Principal Tenancy Adjudicator means the Deputy Principal Tenancy Adjudicator appointed under section 67(2A) of this Act:
Deputy Principal Tenancy Adjudicator: this definition was amended, as from 1 May 1996, by section 2(3) Residential Tenancies Amendment Act 1996 (1996 No 7) by substituting the expression “section 67(2A)”
for the expression “section 67(2)(b)”
.
Director-General
[Repealed]
Director-General: this definition was repealed, as from 18 August 1992, by section 2(3) Residential Tenancies Amendment Act 1992 (1992 No 79).
Ethical belief means the absence of a religious belief whether in respect of a particular religion or religions or all religions
Ethnic or national origins includes nationality and citizenship
Facilities, in relation to a tenancy agreement, includes all facilities provided by the landlord for the use and enjoyment of the tenant, otherwise than as part of the premises that are the subject of the agreement, such as the following
Fixed-term tenancy means a tenancy for a fixed term; but, except as provided in section 7(3) of this Act, does not include such a tenancy that is terminable by notice
The Fund means the Residential Tenancies Fund established by section 127 of this Act
Goods means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value
Key money means any sum of money demanded by way of fine, premium, foregift, reimbursement of expenses, administration charges, or otherwise as consideration for the grant, continuance, extension, variation, or renewal of a tenancy agreement, or for consent to the surrender or disposition of the tenant's interest under a tenancy agreement or to a subletting by the tenant; but does not include any sum payable or paid by way of rent or bond
Key money: this definition was amended, as from 1 May 1996, by section 2(5) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the words “reimbursement of expenses, administration charges,”
.
Landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes—
Member of the landlord's family means any of the following
(f) Any other person who is related (whether by blood or marriage) to the landlord or to any person referred to in paragraph (a) or paragraph (b) of this definition and is residing, or is to reside, in the landlord's premises in accordance with an arrangement between that person and the landlord of a predominantly domestic or family nature rather than a predominantly commercial nature:
member of the landlord's family: paragraphs (a) and (b) of this definition were substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Minister means the Minister of Housing
Ministry means the Ministry of Housing
Ministry: this definition was inserted, as from 18 August 1992, by section 2(2) Residential Tenancies Amendment Act 1992 (1992 No 79).
Minor means any person who is not an adult
Officer of the Tribunal means an officer of the Department for Courts, or of the Ministry, who is for the time being acting in the service of the Tribunal; and includes a Tenancy Mediator
Officer of the Tribunal: this definition was amended, as from 18 August 1992, by section 2(4) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the word “Ministry”
for the word “Corporation”
.
Officer of the tribunal: this definition was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Department for Courts”
for the words “Department of Justice”
.
Order, in relation to the Tribunal, means any order, decision, determination, consent, approval, or ruling given or made by the Tribunal; and includes an order by the Tribunal dismissing an application
Periodic tenancy means a residential tenancy other than a fixed-term tenancy
Possession order means an order made by the Tribunal under section 64 or section 65 of this Act granting possession of any premises to any person named in the order
Prescribed means prescribed by this Act or by regulations made under this Act
Principal Tenancy Adjudicator means the Principal Tenancy Adjudicator appointed under section 67(2)(a) of this Act
Prospective landlord means a person who has offered to grant a tenancy to any other person, or who has entered into negotiations with any other person for the granting of a tenancy to that other person
Prospective tenant means a person to whom any other person has offered to grant a tenancy, or with whom any other person has entered into negotiations for the granting of a tenancy to that person
Protected tenancy
[Repealed]
Protected tenancy: this definition was repealed, as from 1 May 1996, by section 2(5) Residential Tenancies Amendment Act 1996 (1996 No 7).
Registrar, in relation to the Tribunal, means a Registrar of the Tribunal appointed under section 72 of this Act; and includes a Deputy Registrar of the District Court who, by virtue of section 14(3) of the District Courts Act 1947, is acting in the place of the Registrar
Rent means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond
Residential premises means any premises used or intended for occupation by any person as a place of residence
Service tenancy means a tenancy granted pursuant to a term of, or otherwise as an incident of, a contract of service between the landlord as employer and the tenant as employee, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not any rent is payable for the tenancy; and includes—
Tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy
Tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Tenancy Mediator means a Tenancy Mediator appointed under section 76 of this Act
Tenancy mediator: this definition was amended, as from 1 May 1996, by section 2(6) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “; and includes the Principal Tenancy Mediator appointed under that section”
.
Tenancy Officer means a Tenancy Officer appointed under section 75 of this Act
Tenant, in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement; and, where appropriate, includes—
Tribunal means the Tenancy Tribunal constituted by section 67 of this Act
Unlawful act means anything declared by any of the provisions of this Act to be an unlawful act
Witness summons means a summons issued under section 98 of this Act requiring the person named in the summons to attend at a specified time and place and to give evidence or to produce any document or thing
Work order means an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order
Working day means any day other than—