Residential Tenancies Amendment Act 2012

Coat of Arms of New Zealand

Residential Tenancies Amendment Act 2012

Public Act2012 No 113
Date of assent11 December 2012
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Residential Tenancies Amendment Act 2012.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 Interpretation
  • Section 2(1) is amended by repealing the definition of Registrar and substituting the following definition:

    Registrar, in relation to the Tribunal, means a person who holds that position under section 72(1) or who is designated under section 72(2).

5 Possession orders
  • Section 64(4) is amended by omitting 3 months and substituting 90 days.

6 New section 72 substituted
  • Section 72 is repealed and the following section substituted:

    72 Registrars
    • (1) Every Registrar, and every Deputy Registrar, of a District Court is a Registrar of the Tribunal.

      (2)  In addition, employees of the Ministry of Justice who are not Registrars, or Deputy Registrars, of District Courts may be designated by the chief executive of the Ministry of Justice as Registrars of the Tribunal.

      (3) It is the responsibility of each Registrar—

      • (a) to arrange, in accordance with the instructions of the chief executive of the Ministry of Justice, for the provision of any secretarial and administrative services that may be necessary for the efficient and expeditious exercise of the Tribunal's jurisdiction; and

      • (b) to ensure that adequate arrangements are made, in consultation with the chief executive, for the filing and processing of all applications and other documents required or authorised to be filed under this Act; and

      • (c) to arrange fixtures for cases to be dealt with by the Tribunal; and

      • (d) to carry out, in respect of the exercise of the Tribunal's jurisdiction, the duties customarily carried out by a registrar of a judicial body.

      (4) Any Registrar may, at the direction of the chief executive (given generally or in any particular case), refer a matter to another Registrar.

7 Filing of applications
  • (1) Section 86(1) is amended by omitting the appropriate and substituting any.

    (2) Section 86 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The chief executive must determine the offices of the Tribunal for the purposes of subsection (1).

8 Duties of chief executive on receipt of application
  • (1) Section 87(1) is amended by inserting appropriate before Registrar.

    (2) Section 87(2) is amended by inserting appropriate before Registrar.

    (3) Section 87 is amended by adding the following subsection:

    • (3) For the purposes of this section and section 88, the appropriate Registrar is the Registrar nearest any premises in respect of which an application is made under this Act or any other Registrar that the chief executive considers appropriate for the purposes of the application.

9 Functions of Tenancy Mediators
  • Section 88(3) is amended by inserting appropriate before Registrar in both places where it appears.

Legislative history

5 December 2012Divided from Statutes Amendment Bill (No 3) (Bill 349–2) by committee of the whole House, third reading
11 December 2012Royal assent

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