New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 20 June 2011
| Public Act | 1986 No 120 |
| Date of assent | 17 December 1986 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Building and Housing.
1 Short Title and commencement
4 Act generally to apply to all residential tenancies
5 Act excluded in certain cases
5A Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
5B Exempt student accommodation
6 Long fixed-term tenancies [Repealed]
8 Parties to excluded tenancies may agree that Act shall apply
11 Act generally to apply despite contrary provisions
12 Discrimination to be unlawful act
13A Contents of tenancy agreement
13B Variations and renewals of tenancy agreements
13C Tenancy agreements not unenforceable on grounds not in writing
13D Exceptions to requirements relating to tenancy agreements
15 Notification of successor to landlord or tenant
16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days
16B Body corporate rules part of tenancy agreement
17 Requiring key money prohibited
18 Bonds to be no more than 4 weeks' rent
18A Landlord must not require security other than permitted bond
19 Duties of landlord on receipt of bond
20 Duties of chief executive in relation to bonds
21 Tenant may pay bond direct to chief executive with landlord's consent
21A Notification of changes of address to chief executive
22 Agreed applications to chief executive for payment of bond
22A Applications to chief executive for payment of bond without agreement of other party
22B Applications to, and orders by, Tribunal
22C Payments of bond to be made out of Residential Tenancies Trust Account
22D Chief executive may take steps to refund bonds
22E Social Welfare may disclose address information for bond refund purposes
24A Expiry of temporary rent reduction
26 Duration of order determining market rent
27 Rent in excess of market rent irrecoverable
28 Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms
28A Increase of rent by order in case of unforeseen expenses
28B Effect of rent increases under section 28 or 28A
32 Accelerated rent or damages prohibited
33 Tenant's goods not to be seized
34 Transitional provision relating to bonds [Repealed]
35 Transitional provisions relating to fair rents and equitable rents [Repealed]
Rights and obligations of parties
36 Legal impediments to occupation
39 Responsibility for outgoings
41 Tenant's responsibility for actions of others
43 Disposition of landlord's interest
44 Assignment, subletting, or parting with possession by tenant
45 Landlord's responsibilities
47 Landlord to give notice to tenant of intention to sell
49 Mitigation of damage or loss
Termination of tenancies and recovery of possession
50 Circumstances in which tenancies are terminated
50A Termination following death of sole tenant
52 Provision for shorter notice may be made with consent of Tribunal
53 Special provisions for notice terminating service tenancies
53A Special provisions for notice terminating certain student tenancies
54 Tribunal may declare retaliatory notice of no effect
55 Termination on non-payment of rent, damage, or assault
56 Termination for non-payment of rent and other breaches
57 Effect on subtenancy of termination of head tenancy
58 Mortgagee or other person becoming entitled to possession
59A Termination where breach renders premises uninhabitable
60 Tenant remaining in possession after termination of tenancy
60A Fixed-term tenancy becomes periodic unless contrary notice given
60B Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry
60C Notices and orders continue to apply to renewed or extended tenancies
62 Goods left on premises on termination of tenancy
62A Disposal of abandoned goods following assessment of market value
62B Disposal of abandoned goods in accordance with Tribunal order
62C Application of proceeds of sale and recovery of amount owing
62D Tenant may claim proceeds of sale
62E Responsibility of tenant unaffected
63 Entry without order of Tribunal prohibited
66 Reduction or termination of fixed-term tenancy
Part 2A
Boarding house tenancies
66B Interpretation for this Part
Boarding house tenancy agreements
66C Content of boarding house tenancy agreements
66D Bond of 1 week’s rent or less
66F Tenancy not assignable by tenant
Rights and obligations of landlords and tenants
66H Landlord’s obligations at start of tenancy
66I Landlord’s ongoing obligations
66J Other obligations of landlord
66L Tenant’s liability for damage caused by others
66M Tenant’s obligations at end of tenancy
66N Mitigation of damage or loss
66O Landlord may make house rules
66P What tenant may do if he or she objects to house rules
66Q Landlord has right to enter premises at any time
66R Landlord’s right to enter boarding room is limited
66T Consequence of abuse, or refusal, of right of entry
66U Termination of tenancy by landlord
66V When tenant may terminate tenancy
66W Termination of tenancy on death of sole tenant
Constitution and administration
68 Term of office of Tenancy Adjudicators
69 Remuneration of Tenancy Adjudicators
70 Tenancy Adjudicators to be protected
71 Conduct of Tribunal and stationing of Tenancy Adjudicators
75 Offices and Tenancy Officers [Repealed]
79 Jurisdiction to make interim orders
80 Orders of Tribunal to be final
81 Exclusion of Tribunal's jurisdiction prohibited
82 Exclusion of other jurisdictions
83 Transfer of proceedings to District Court
83A Referral of complaints to Health and Disability Commissioner
84 Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
85 Manner in which jurisdiction is to be exercised
87 Duties of chief executive on receipt of application
88 Functions of Tenancy Mediators
89 Statements made in mediation to be subject to privilege
90 Tenancy Mediator to observe confidentiality
91 Notice of hearing by Tribunal
91A Service on tenants following application
91B Hearing may proceed even if party not served
92 Non-attendance at hearing after due notice
94 Minors and persons under disability
95 Proceedings usually to be in public
96 Further provisions relating to procedure generally
99 Tribunal may require inquiry and report by Tenancy Mediator or suitable person
100 Tenancy Mediator or Tribunal may require valuer's report in certain proceedings
101 Protection of persons appearing, etc
103 Reference of questions of law to High Court
106 Enforcement of possession orders
107 Enforcement of orders other than possession orders and work orders
108 Enforcement of work orders
109A Tribunal may restrain further commissions of unlawful acts
110 Failing to answer witness summons
Contact information for enforcement purposes
112B Application for contact information
112C Application referred to specified agency
112E Specified information sent to District Court
112F Non-disclosure of contact information
113 Chief executive to provide assistance
114 Powers of entry of Tenancy Mediators
115 Principal Tenancy Adjudicator may issue practice directions
118 Powers of District Court Judge on appeal
119 Appeal on questions of law to High Court
120 Further appeal to Court of Appeal
Functions and powers of chief executive
121 Chief executive responsible for administration of Act
122 Director-General may delegate powers [Repealed]
123 General functions and powers of chief executive
124 Chief executive may take or defend proceedings on behalf of any party
Residential Tenancies Trust Account
127 Residential Tenancies Trust Account
128 Auditor-General to be auditor of Residential Tenancies Trust Account
129 Part B of the Fund [Repealed]
130 Corporation may make money available [Repealed]
131 Corporation may borrow [Repealed]
Part 5
Miscellaneous provisions
133 Tribunal or chief executive may require terms of tenancy agreement
134 Waiver by landlord of breach by tenant
135 Recovery of money paid by mistake
138 Offences triable summarily
139 Regulations relating to accommodation brokers
140 Regulations relating to other matters
141 Schedule 1 may be amended by Order in Council [Repealed]
142 Effect of Property Law Act 2007
143 Housing Corporation Act 1974 amended [Repealed]
144 Repeals, revocations, and amendments
Schedule 1
Clauses for rent increases in fixed-term tenancy agreements
Schedule 1A
Amounts for unlawful acts
Residential Tenancies Amendment Act 1996
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
