Schedule 1AA Transitional, savings, and related provisions

s 2A

Schedule 1AA: inserted, on 3 June 2016, by section 45 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Part 1 Provisions relating to Residential Tenancies Amendment Act 2016

Schedule 1AA Part 1: inserted, on 3 June 2016, by section 45 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

1 Interpretation

In this Part,—

amendment means an amendment to this Act made by a provision of the Amendment Act

commencement date, in relation to an amendment, means the date on which the provision of the Amendment Act that makes the amendment comes into force.

2 Existing tenancies, etc

(1)

An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

(2)

Without limiting the generality of subclause (1), an amendment made to a provision referred to in section 90(2) of the Residential Tenancies Amendment Act 2010 amends that provision as it applies in accordance with section 90(1) of that Act.

(3)

This clause is subject to clause 3.

3 Application of amendments to sections 13A, 15, 16, 16A, and 43 (contents of tenancy agreement, etc)

An amendment made by section 6, 7, 8, 9, or 13 of the Amendment Act applies to a tenancy only if the tenancy agreement is made on or after the commencement date.

4 Application of amendment to section 30 (landlord to keep records)

The amendment made by section 10 of the Amendment Act does not apply to records in respect of times before the commencement date.

5 Application of amendments to section 54 (Tribunal may declare retaliatory notice of no effect)

An amendment made by section 16 of the Amendment Act applies only if the notice terminating the tenancy is given on or after the commencement date.

6 Application of amendments to sections 61, 76, 78, 86, 87, 88, 91, 99, 101, and 114 and new section 91AA (abandonment applications, Tenancy Mediators, etc)

An amendment made by section 17, 23, 25, 26, 27, 28(1), 29, 30, 33, 34, or 37 of the Amendment Act does not apply to proceedings commenced before the Tribunal before the commencement date.

7 Application of amendments to section 108 and Schedule 1A (enforcement of work orders)

An amendment made by section 35(2) or 46(6) of the Amendment Act applies only if the work order is made on or after the commencement date.

8 Application of new section 123A (documents to be retained by landlord and produced to chief executive if required)

(1)

The amendment made by section 39 of the Amendment Act applies subject to subclauses (2) and (3) of this clause.

(2)

A landlord is not required under section 123A(1)(a) to (d) (as inserted by the amendment) to retain any of the following (or copies of any of the following):

(a)

a tenancy agreement, or a variation or renewal of a tenancy agreement, made before the commencement date:

(b)

reports of inspections carried out before the commencement date:

(c)

records of maintenance or repair work carried out before the commencement date:

(d)

notices given, or letters, emails, or other forms of correspondence sent, before the commencement date.

(3)

A notice under section 123A(2) (as inserted by the amendment) may require a landlord to produce to the chief executive any document covered by subclause (2)(b) to (d) of this clause that, at the time the landlord receives the notice, is in the landlord’s possession or under the landlord’s control.

9 Application of amendments to section 133 (Tribunal or chief executive may require terms of tenancy agreement)

(1)

The amendment made by section 41(1) of the Amendment Act applies to a tenancy agreement, or a variation or renewal of a tenancy agreement, made before the commencement date only if, at the time the landlord receives the notice under section 133(1), the tenancy agreement or the variation or renewal (or a copy) is in the landlord’s possession or under the landlord’s control.

(2)

The amendment made by section 41(3) of the Amendment Act applies only to offences committed on or after the commencement date.

10 Application of amendments to Schedule 1A (amounts for unlawful acts)

(1)

The amendments made by section 46(1) of the Amendment Act in relation to sections 30(2) and 48(4)(b) of this Act apply only to unlawful acts that occur on or after the commencement date.

(2)

The amendments made by section 46(3) and (5) of the Amendment Act apply only to unlawful acts that occur on or after the commencement date.

Part 2 Provisions relating to Healthy Homes Guarantee Act 2017

Schedule 1AA Part 2: inserted, on 5 December 2017, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

11 Interpretation

In this Part, HHG Act means the Healthy Homes Guarantee Act 2017.

12 Application of HHG Act
General

(1)

An amendment made by the HHG Act applies to a tenancy whether the tenancy commences before, on, or after the date on which the amendment comes into force.

Landlords’ statements

(2)

Subclauses (3) and (4) apply to a tenancy agreement that is made before 1 July 2019.

(3)

Section 13A(1CA), as inserted by section 4(2) of the HHG Act, does not apply to the tenancy agreement.

(4)

Section 13A(1CB), as inserted by section 4(2) of the HHG Act, applies to the tenancy agreement only if the written variation or renewal is signed by the landlord on or after 1 July 2019.

Application of sections 45(1)(bb) and 66I(1)(bb) (compliance with healthy homes standards)

(5)

If a tenancy commences before 1 July 2019, section 45(1)(bb) or 66I(1)(bb), as replaced by section 5(1) or 8(1) of the HHG Act, applies to the landlord only at and after the prescribed time (which may be the beginning of 1 July 2019 but must be no later than the beginning of 1 July 2024).

(6)

If a tenancy commences on or after 1 July 2019 but before 1 July 2024, section 45(1)(bb) or 66I(1)(bb), as replaced by section 5(1) or 8(1) of the HHG Act, applies to the landlord only at and after the prescribed time (which may be the commencement of the tenancy but must be no later than the beginning of 1 July 2024).

(7)

In subclauses (5) and (6), prescribed means prescribed by, or determined in accordance with, regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act, and regulations under that subsection may include provision as contemplated by this subclause accordingly.

(8)

Without limiting subsection (6) of section 138B, as replaced by section 6 of the HHG Act, different times may be prescribed in relation to different standards included in the healthy homes standards.

Other provisions

(9)

The following apply before 1 July 2019 as if they were in force:

(a)

the definition of healthy homes standards in section 2(1), as inserted by section 8(1) of the HHG Act:

(b)

sections 48(2)(cb) and 66S(1)(cb), as inserted by section 8(1) of the HHG Act:

(c)

the powers to make regulations (including to amend and revoke regulations made) under section 138B, as replaced by section 6 of the HHG Act.

(10)

Sections 48(2)(ca) and 66S(1)(ca), as in force on the date this subclause comes into force, apply before 1 July 2019 in relation to insulation disregarding the HHG Act.

13 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016

(1)

Regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act, may—

(a)

revoke the 2016 insulation regulations at the beginning of 1 July 2019; or

(b)

provide for the 2016 insulation regulations to continue in force on and after 1 July 2019, and (as applicable) to come into force on or after that date, as if they had been made under subsection (1) of section 138B, as replaced by section 6 of the HHG Act.

(2)

If provision is made under subclause (1)(b), the 2016 insulation regulations—

(a)

are, accordingly, standards included in the healthy homes standards; and

(b)

may be amended or revoked accordingly by regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act.

(3)

In this clause, 2016 insulation regulations means the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 to the extent that those regulations are regulations under section 138B disregarding the HHG Act.

Part 3 Provision relating to Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018

Schedule 1AA Part 3: inserted, on 12 December 2018, by section 9 of the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 (2018 No 44).

14 Application of section 17A (Requiring letting fee prohibited)

Section 17A does not apply to—

(a)

any fee or charge paid or payable before the date of commencement of that section; or

(b)

any tenancy agreement entered into before that date (whether the tenancy agreement took effect before or takes effect on or after that date); or

(c)

any assignment or subletting if the landlord consented to the assignment or subletting before that date (whether the assignment or subletting took effect before or takes effect on or after that date); or

(d)

any amount that is charged in relation to a subletting, if the Tribunal consented to the charge before that date.

Part 4 Provisions relating to Residential Tenancies Amendment Act 2019

Schedule 1AA Part 4: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

15 Interpretation

In this Part,—

2019 Amendment Act means the Residential Tenancies Amendment Act 2019

amendment means an amendment to this Act made by a provision of the 2019 Amendment Act

commencement date, in relation to an amendment, means the date on which the provision of the 2019 Amendment Act that makes the amendment comes into force

tenancy includes a tenancy to which this Act applies as a result of section 4(2) of the 2019 Amendment Act (which replaces the definition of residential premises in section 2(1)) and that subsists on the date on which that amendment came into force.

Schedule 1AA clause 15: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

16 Existing tenancies, etc

(1)

An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

(2)

This clause is subject to clause 19.

Schedule 1AA clause 16: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

17 New unlawful acts

An amendment that creates a new unlawful act does not apply to acts or omissions before the commencement date.

Schedule 1AA clause 17: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

18 Proceedings that have commenced

An amendment does not apply to proceedings commenced before the Tribunal before the commencement date.

Schedule 1AA clause 18: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

19 Application of insurance and tenant liability provisions to social housing provider tenancies under existing Property Law Act 2007 leases

(1)

This clause applies only in circumstances where—

(a)

Housing New Zealand Corporation or a registered community housing provider (a housing provider) is the landlord of residential premises that are the subject of a tenancy agreement; and

(b)

the housing provider is a lessee of those premises under a lease—

(i)

to which the Property Law Act 2007 applies; and

(ii)

that was entered into before the date on which section 5 of the 2019 Amendment Act came into force (and including any renewal term commencing on or after that date if the right of renewal existed in the lease before that date); and

(c)

the housing provider has no legally enforceable right to require the lessor under that lease to provide the housing provider with the information that the housing provider would need to possess in order to be able to comply with the insurance information sections.

(2)

If this clause applies,—

(a)

the insurance information sections do not apply to the housing provider; and

(b)

for the purpose of determining the tenant’s liability under section 49B(2), the premises are treated as not insured against the destruction or damage (so that the applicable limit in section 49B(3)(b) applies).

(3)

In this clause,—

insurance information sections means—

(a)

section 13A(2) to (4) (as inserted by section 5 of the 2019 Amendment Act); and

(b)

section 45(2B) to (2D) (as inserted by section 7 of the 2019 Amendment Act); and

(c)

section 66J(5) to (7) (as inserted by section 15 of the 2019 Amendment Act)

registered community housing provider has the same meaning as in section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992.

Schedule 1AA clause 19: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

20 Transitional provision for continuing tenancy agreement when circumstances in clause 19 cease applying

(1)

This clause applies if clause 19 ceases to apply but the tenancy agreement is continuing, and the tenancy agreement was entered into on or after the date on which section 13A(2) (as inserted by section 5 of the 2019 Amendment Act) came into force.

(2)

For the purpose of section 13A(3), the tenancy agreement is treated as having been entered into before section 13A(2) came into force.

Schedule 1AA clause 20: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

21 Application of section 56A(1) to existing tenancies

Section 56A(1) (as inserted by section 12 of the 2019 Amendment Act) applies to a tenant of a tenancy of premises that are unlawful residential premises immediately after the commencement of section 56A(1) as if the tenancy had started on commencement of that section.

Schedule 1AA clause 21: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

22 Application of section 78A to certain work orders

Section 78A (as inserted by section 19 of the 2019 Amendment Act) does not apply to subsequent proceedings taken for enforcement of a work order made in a matter for which proceedings commenced before the Tribunal before the date on which that section comes into force.

Schedule 1AA clause 22: inserted, on 31 July 2019, by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).