Reprint as at 1 July 2016

Coat of Arms of New Zealand

Residential Tenancies Act 1986

Public Act
 
1986 No 120
Date of assent
 
17 December 1986
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title and commencement
2Interpretation
2ATransitional, savings, and related provisions
3Act to bind the Crown
4Act generally to apply to all residential tenancies
5Act excluded in certain cases
5ACertain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
5BExempt student accommodation
6Long fixed-term tenancies [Repealed]
7Short fixed-term tenancies
8Parties to excluded tenancies may agree that Act shall apply
9Existing tenancies
10Onus of proof
11Act generally to apply despite contrary provisions
12Discrimination to be unlawful act
12AChoice of procedures
13Form of tenancy agreement
13AContents of tenancy agreement
13ABAddress for service
13BVariations and renewals of tenancy agreements
13CTenancy agreements not unenforceable on grounds not in writing
13DExceptions to requirements relating to tenancy agreements
14Minors
15Notification of successor to landlord or tenant
16Change of name or address
16ALandlord must have agent if out of New Zealand for longer than 21 consecutive days
16BBody corporate rules part of tenancy agreement
17Requiring key money prohibited
18Bonds to be no more than 4 weeks’ rent
18ALandlord must not require security other than permitted bond
19Duties of landlord on receipt of bond
20Duties of chief executive in relation to bonds
21Tenant may pay bond direct to chief executive with landlord’s consent
21ANotification of changes of address to chief executive
22Agreed applications to chief executive for payment of bond
22AApplications to chief executive for payment of bond without agreement of other party
22BApplications to, and orders by, Tribunal
22CPayments of bond to be made out of Residential Tenancies Trust Account
22DChief executive may take steps to refund bonds
22ESocial Welfare may disclose address information for bond refund purposes
23Rent in advance
24Rent increases
24AExpiry of temporary rent reduction
25Market rent
26Duration of order determining market rent
27Rent in excess of market rent irrecoverable
28Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms
28AIncrease of rent by order in case of unforeseen expenses
28BEffect of rent increases under section 28 or 28A
29Receipts for rent
30Landlord to keep records
31Apportionment of rent
32Accelerated rent or damages prohibited
33Tenant’s goods not to be seized
34Transitional provision relating to bonds [Repealed]
35Transitional provisions relating to fair rents and equitable rents [Repealed]
36Legal impediments to occupation
37Vacant possession
38Quiet enjoyment
39Responsibility for outgoings
40Tenant’s responsibilities
41Tenant’s responsibility for actions of others
42Tenant’s fixtures
43Disposition of landlord’s interest
44Assignment, subletting, or parting with possession by tenant
45Landlord’s responsibilities
46Locks
47Landlord to give notice to tenant of intention to sell
48Landlord’s right of entry
49Mitigation of damage or loss
50Circumstances in which tenancies are terminated
50ATermination following death of sole tenant
51Termination by notice
52Provision for shorter notice may be made with consent of Tribunal
53Special provisions for notice terminating service tenancies
53ASpecial provisions for notice terminating certain student tenancies
54Tribunal may declare retaliatory notice of no effect
55Termination on non-payment of rent, damage, or assault
56Termination for non-payment of rent and other breaches
57Effect on subtenancy of termination of head tenancy
58Mortgagee or other person becoming entitled to possession
59Destruction of premises
59ATermination where breach renders premises uninhabitable
60Tenant remaining in possession after termination of tenancy
60AFixed-term tenancy becomes periodic unless contrary notice given
60BTenant must exercise right to renew or extend tenancy not later than 21 days before expiry
60CNotices and orders continue to apply to renewed or extended tenancies
61Abandonment of premises
62Goods left on premises on termination of tenancy
62ADisposal of abandoned goods following assessment of market value
62BDisposal of abandoned goods in accordance with Tribunal order
62CApplication of proceeds of sale and recovery of amount owing
62DTenant may claim proceeds of sale
62EResponsibility of tenant unaffected
62FProtection from liability
63Entry without order of Tribunal prohibited
64Possession orders
65Eviction of squatters
66Reduction or termination of fixed-term tenancy
66AApplication of Part
66BInterpretation for this Part
66CContent of boarding house tenancy agreements
66DBond of 1 week’s rent or less
66EOutgoings
66FTenancy not assignable by tenant
66GQuiet enjoyment
66HLandlord’s obligations at start of tenancy
66ILandlord’s ongoing obligations
66JOther obligations of landlord
66KObligations of tenant
66LTenant’s liability for damage caused by others
66MTenant’s obligations at end of tenancy
66NMitigation of damage or loss
66OLandlord may make house rules
66PWhat tenant may do if he or she objects to house rules
66QLandlord has right to enter premises at any time
66RLandlord’s right to enter boarding room is limited
66SNotice of entry
66TConsequence of abuse, or refusal, of right of entry
66UTermination of tenancy by landlord
66VWhen tenant may terminate tenancy
66WTermination of tenancy on death of sole tenant
66XAbandonment by tenant
66YPossession orders
67Constitution of Tribunal
68Term of office of Tenancy Adjudicators
69Remuneration of Tenancy Adjudicators
70Tenancy Adjudicators to be protected
71Conduct of Tribunal and stationing of Tenancy Adjudicators
72Registrars
73Seal of Tribunal
74Records of Tribunal
75Offices and Tenancy Officers [Repealed]
76Tenancy Mediators
77Jurisdiction of Tribunal
78Orders of Tribunal
79Jurisdiction to make interim orders
80Orders of Tribunal to be final
81Exclusion of Tribunal’s jurisdiction prohibited
82Exclusion of other jurisdictions
83Transfer of proceedings to District Court
83AReferral of complaints to Health and Disability Commissioner
84Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
85Manner in which jurisdiction is to be exercised
86Filing of applications
87Duties of chief executive on receipt of application
88Functions of Tenancy Mediators
89Statements made in mediation to be subject to privilege
90Tenancy Mediator to observe confidentiality
91Notice of hearing by Tribunal
91AAProcess for determining abandonment applications within 10 working days without hearing
91AService on tenants following application
91BSubstituted service, etc
92Non-attendance at hearing after due notice
93Right of audience
94Minors and persons under disability
95Proceedings usually to be in public
96Further provisions relating to procedure generally
97Evidence
98Witness summons
98AOther witness expenses
99Tribunal may require inquiry and report by Tenancy Mediator or suitable person
100Tenancy Mediator or Tribunal may require valuer’s report in certain proceedings
101Protection of persons appearing, etc
102Costs
103Reference of questions of law to High Court
104Decision of Tribunal
105Rehearings
106Enforcement of possession orders
107Enforcement of orders other than possession orders and work orders
108Enforcement of work orders
109Unlawful acts
109ATribunal may restrain further commissions of unlawful acts
110Failing to answer witness summons
111Giving false evidence
112Contempt
112AInterpretation
112BApplication for contact information
112CApplication referred to specified agency
112DResponse to applicant
112ESpecified information sent to District Court
112FNon-disclosure of contact information
113Chief executive to provide assistance
114Powers of entry of Tenancy Mediators
115Principal Tenancy Adjudicator may issue practice directions
116Rules of procedure
117Appeal to District Court
118Powers of District Court Judge on appeal
119Appeal on questions of law to High Court
120Further appeal to Court of Appeal
121Chief executive responsible for administration of Act
122Director-General may delegate powers [Repealed]
123General functions and powers of chief executive
123ADocuments to be retained by landlord and produced to chief executive if required
123BDocuments to be produced by tenant to chief executive if required
123CChief executive’s powers in relation to produced documents
123DPower of entry to inspect premises
123ETribunal may authorise inspection
124Chief executive may take or defend proceedings on behalf of any party
124AChief executive may take proceedings as if tenant
124BSupplementary provision to section 124A
125Immunities
126Annual report
127Residential Tenancies Trust Account
128Auditor-General to be auditor of Residential Tenancies Trust Account
129Part B of the Fund [Repealed]
130Corporation may make money available [Repealed]
131Corporation may borrow [Repealed]
132No execution
133Tribunal or chief executive may require terms of tenancy agreement
134Waiver by landlord of breach by tenant
134AMethod of payment
135Recovery of money paid by mistake
136Service of documents
136ACalculation of periods
137Prohibited transactions
138Time for filing charging document
138ARegulations in respect of smoke alarms
138BRegulations in respect of insulation
139Regulations relating to accommodation brokers
140Regulations relating to other matters
141Schedule 1 may be amended by Order in Council [Repealed]
142Effect of Property Law Act 2007
143Housing Corporation Act 1974 amended [Repealed]
144Repeals, revocations, and amendments
Reprint notes

An Act to reform and restate the law relating to residential tenancies, to define the rights and obligations of landlords and tenants of residential properties, to establish a tribunal to determine expeditiously disputes arising between such landlords and tenants, to establish a fund in which bonds payable by such tenants are to be held, and to repeal the Tenancy Act 1955 and the Rent Appeal Act 1973 and their amendments