Hon Phil Heatley
Government Bill
34—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
5 New section 4 substituted
4 Act generally to apply to all residential tenancies
6 Act excluded in certain cases
7 New section 5B inserted
5B Exempt student accommodation
8 Short fixed-term tenancies
9 Contents of tenancy agreement
10 New section 13AB inserted
13AB Address for service
11 Exceptions to requirements relating to tenancy agreements
12 Change of name or address
13 New sections 16A and 16B inserted
16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days
16B Body corporate rules part of tenancy agreement
13A Requiring key money prohibited
14 New section 18A inserted
18A Landlord must not require security other than permitted bond
15 Duties of landlord on receipt of bond
16 New sections 22 to 22E substituted
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
17 Rent increases
18 New section 24A inserted
24A Expiry of temporary rent reduction
19 Market rent
20 New sections 28 to 28B substituted
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
21 Accelerated rent or damages prohibited
22 Tenant’s goods not to be seized
23 New section 39 substituted
39 Responsibility for outgoings
24 Tenant’s responsibilities
25 Tenant’s fixtures
26 Assignment and subletting by tenant
27 Landlord’s responsibilities
28 Landlord’s right of entry
29 Circumstances in which tenancies are terminated
30 New section 50A inserted
50A Termination following death of sole tenant
31 Termination by notice
32 Special provisions for notice terminating service tenancies
33 New section 53A inserted
53A Special provisions for notice terminating certain student tenancies
34 Tribunal may declare retaliatory notice of no effect
35 Termination on non-payment of rent, damage, or assault
36 Termination for other breach
37 Mortgagee or other person becoming entitled to possession
38 Destruction of premises
39 New section 59A inserted
59A Termination where breach renders premises uninhabitable
40 New sections 60A to 60C inserted
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
41 Abandonment of premises
42 Abandoned goods
42 New sections 62 to 62F substituted
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
62F Protection from liability
43 Entry without order of Tribunal prohibited
44 Possession order
45 Eviction of squatters
46 Reduction of fixed-term tenancy
New Part 2A inserted
47 New Part 2A inserted
Part 2ABoarding house tenancies
Application
66A Application of Part
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
66E Outgoings
66F Tenancy not assignable by tenant
Rights and obligations of landlords and tenants
66G Quiet enjoyment
66H Landlord’s obligations at start of tenancy
66I Landlord’s ongoing obligations
66J Other obligations of landlord
66K Obligations of tenant
66L Tenant’s liability for damage caused by others
66M Tenant’s obligations at end of tenancy
66N Mitigation of damage or loss
House rules
66O Landlord may make house rules
66P What tenant may do if he or she objects to house rules
Landlord’s right of entry
66Q Landlord has right to enter premises at any time
66R Landlord’s right to enter boarding room is limited
66S Notice of entry
66T Consequence of abuse, or refusal, of right of entry
Termination
66U Termination of tenancy by landlord
66V When tenant may terminate tenancy
66W Termination of tenancy on death of sole tenant
Abandonment
66X Abandonment by tenant
66Y Abandoned goods
66Z Possession orders
48 Constitution of Tribunal
49 Term of office of Tenancy Adjudicator
50 Conduct of Tribunal and stationing of Tenancy Adjudicators
51 New section 72 substituted
72 Registrars
52 Seal of Tribunal
53 Section 75 repealed
54 Tenancy Mediators
55 Jurisdiction of Tribunal
56 Orders of Tribunal
57 New section 83A inserted
83A Referral of complaints to Health and Disability Commissioner
58 New sections 86 and 87 substituted
86 Filing of applications
87 Duties of chief executive on receipt of application
59 Functions of Tenancy Mediators
60 Tenancy Mediator to observe confidentiality
61 New sections 91A and 91B inserted
91A Service on tenants following application
91B Hearing may proceed even if party not served
62 Non-attendance at hearing after due notice
63 Right of audience
64 Proceedings usually to be in public
65 Tribunal may require inquiry and report by Tenancy Mediator
66 Costs
67 Enforcement of work orders
68 Unlawful acts
69 New section 109A inserted
109A Tribunal may restrain further commissions of unlawful acts
70 Failing to answer witness summons
71 Contempt
72 New heading and sections 112A to 112F inserted
Contact information for enforcement purposes
112A Interpretation
112B Application for contact information
112C Application referred to specified agency
112D Response to applicant
112E Specified information sent to District Court
112F Non-disclosure of contact information
73 New section 113 substituted
113 Chief executive to provide assistance
74 Powers of entry of Tenancy Mediators
75 Rules of procedure
76 Appeal to District Court
77 General functions and powers of chief executive
78 Annual report
79 Residential Tenancies Trust Account
80 Tribunal or chief executive may require terms of tenancy agreement
81 Service of documents
82 New section 136A inserted
136A Calculation of periods
83 Regulations relating to other matters
84 Section 141 repealed
85 New Schedules 1 and 1A substituted
Part 2Transitional provisions
86 Existing tenancies
87 Existing tenancies not affected by certain amendments
88 Application of certain provisions to existing tenancies deferred
88A Goods abandoned in case of tenancies terminated before relevant commencement
89 Boarding house tenancies
90 Bond refund applications
91 Proceedings before Tribunal
92 Unlawful acts
ScheduleNew Schedules 1 and 1A substituted
Legislative history
The Parliament of New Zealand enacts as follows: