New Zealand Legislation: Acts
Acts are laws made by Parliament
This Act shall not apply in the following cases:
(a) Where the premises are commercial premises:
(b) Where the whole or a substantial part of the tenant's income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes:
(ba) Where the premises are let for a fixed-term tenancy of at least 5 years, the tenancy was granted before the commencement, on 1 January 2008, of the Property Law Act 2007, and the tenancy agreement expressly provides that this Act shall not apply:
(c) Where the premises constitute part of a Corrections prison or police jail:
(d) Where the premises constitute part of any hospital, home, or other institution for the care of sick, disabled, or aged persons:
(e) Where the premises constitute part of Police barracks, or Police cells and lock-ups:
(f) Where the premises constitute any barracks conducted by the Armed Forces for the accommodation of persons subject to the Armed Forces Discipline Act 1971:
(g) Where the premises constitute any barracks or hostel conducted by an employer for the accommodation of employees of that employer or (where the employer is a company) for the accommodation of employees of any associated company (within the meaning of section 2(2) of this Act):
(h) Where the premises constitute part of—
(i) Any hostel, dormitory, or other similar type of premises providing accommodation for students attending any university, college, school, or other educational institution; or
(ii) Any other hostel, dormitory, or other similar type of premises situated on land comprised in one certificate of title only and designed to provide accommodation for at least 20 persons:
(i) Where the premises constitute part of a building occupied by a club and used by the club for the provision of temporary or transient accommodation to members of the club:
(j) Where the premises constitute part of any hotel in respect of which an on-licence is in force under the Sale of Liquor Act 1989:
(k) Where the premises constitute part of any hotel, motel, boardinghouse, or lodginghouse used for the provision of temporary or transient accommodation:
(l) Where the landlord provides for the tenant any meals or services (not being services that the landlord is required by this or any other Act to provide for the tenant) and the value of those meals or services to the tenant or the cost to the landlord of their provision (whichever is the less) forms more than 20 percent of the total amount payable by the tenant by way of rent:
(m) Where the premises are let for the tenant's holiday purposes:
(n) Where the premises continue to be used, during the tenancy, principally as a place of residence by the landlord or by any member of the landlord's family:
(o) Where the tenant is the purchaser of the premises under an agreement for sale and purchase with the landlord as vendor, not being an agreement that is revocable at will by the vendor:
(p) Where any of the tenants is also the landlord or one of the landlords by virtue of an arrangement of a kind commonly known as a cross-lease or lease-back arrangement:
(q) Where the tenant's interest in the premises is a stratum estate in leasehold under the Unit Titles Act 1972:
(r) Where the tenancy arises wholly from or depends wholly upon the ownership by the tenant of any shares in a company that owns the premises:
(s) Where the tenancy agreement, not being in the nature of a domestic or family arrangement, expressly provides that the tenant will not occupy the premises personally but will sublet the premises either for commercial gain or to provide accommodation for any of the tenant's employees, and the tenancy is granted and taken genuinely for that purpose and not for the purpose of evading all or any of the provisions of this Act:
(t) Where the premises comprise bare land (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter:
(u) if the tenancy has been entered into by a leasing authority under section 7(1)(e), (f), (g), or (h) of the Public Bodies Leases Act 1969:
(v) if the Maori Trustee has leased a Maori reserve or township land under section 26 of the Maori Reserved Land Act 1955:
(w) if the lease provides for a perpetual right of renewal:
(x) if the lease is of land on which a dwellinghouse is erected and the lessee is entitled (whether beneficially or as trustee), on or before the termination of the tenancy, to remove the dwellinghouse or to receive compensation in respect of it.
Compare: Residential Tenancies Act 1978–1981 (South Australia), s 7
Paragraph (b) was substituted, as from 1 May 1996, by section 3(1) Residential Tenancies Amendment Act 1996 (1996 No 7).
Paragraph (ba) was inserted, as from 1 December 1996, by section 3(2) Residential Tenancies Amendment Act 1996 (1996 No 7) but shall not apply to any tenancy that commenced before that date.
Section 5(ba): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Paragraph (c) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “Corrections prison or police jail”
for the words “penal institution of a kind specified in section 4(1) of the Penal Institutions Act 1954”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Paragraph (j) was substituted, as from 1 April 1990, by section 230(1) Sale of Liquor Act 1989 (1989 No 63).
Section 5(t): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 5(u): added, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 5(v): added, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 5(w): added, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 5(x): added, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).