New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) No amount deposited into the Residential Tenancies Trust Account in accordance with section 20 or section 21 of this Act shall be paid out of that account except in accordance with this section.
(2) Every application for the payment of any money out of the account in accordance with this section shall be made to the chief executive in the prescribed form.
(3) The chief executive shall, on an application made at any time by the landlord, repay the bond to the tenant.
(4) The chief executive shall, on the application of both the landlord and the tenant, or on the application of one of them and with the consent of the other, pay the bond in accordance with the terms of the application or of any subsequent agreement reached by the parties.
(5) Subject to the succeeding provisions of this section, the chief executive shall,—
(a) On the application of the landlord made at any time during or after the termination of the tenancy; or
(b) On the application of the tenant made at any time after the termination of the tenancy,—
pay the bond in accordance with the terms of the application.
(6) On receipt of an application made under subsection (5) of this section, the chief executive shall notify the other party of the application, inviting that other party to indicate to the chief executive, within 10 working days after being notified, whether or not that other party wishes to contest the application.
(6A) Every notification pursuant to subsection (6) of this section by the chief executive may be given in such manner as the chief executive, in his or her discretion, determines.
(6B) Every indication pursuant to subsection (6) of this section as to whether or not a party wishes to contest an application shall be in writing unless the chief executive, in his or her discretion, waives that requirement.
(7) If the chief executive receives from the other party an indication that that other party does not wish to contest the application, the chief executive shall pay the bond in accordance with the terms of the application.
(8) If the chief executive does not receive from the other party, within the time allowed and in the required manner, an indication whether or not that other party wishes to contest the application, the chief executive shall either—
(a) Pay the bond in accordance with the terms of the application; or
(b) Refer the matter to the Tribunal for determination.
(9) If the chief executive receives from the other party, within the time allowed and in the required manner, an indication that that other party wishes to contest the application, the chief executive shall refer the matter to the Tribunal for determination.
(10) Where any matter is referred to the Tribunal under subsection (8)(b) or subsection (9) of this section, the application made to the chief executive under subsection (5) of this section shall be deemed to be an application made to the Tribunal under section 86 of this Act.
(11) If, on the termination of a tenancy, neither the landlord nor the tenant applies to the chief executive in respect of the bond, the chief executive may apply to the Tribunal for an order determining the person or persons to whom, and (where appropriate) the proportions in which, the bond is to be paid.
Sections 20, 21, and 22 were substituted, as from 18 August 1992, by section 4 Residential Tenancies Amendment Act 1992 (1992 No 79).
Subsection (6) was substituted, subsections (6A) and (6B) were inserted, and subsections (7) to (9) were substituted, as from 1 May 1996, by section 11 Residential Tenancies Amendment Act 1996 (1996 No 7).