Residential Tenancies Amendment Bill (No 2)

37 New sections 138C and 138D inserted (Regulations in respect of methamphetamine)

After section 138B, Before section 139, insert:

138C Regulations in respect of methamphetamine contaminants and contaminated premises

(1AA)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing substances, or classes of substances, as contaminants for the purposes of this Act.

(1AB)

Before making a recommendation for the purposes of subsection (1AA), the Minister must be satisfied that the substance may be harmful to the health of persons.

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

(a)

prescribing a maximum acceptable levels, or a means of calculating maximum acceptable levels, of methamphetamine contaminants for premises:

(b)

providing for the prescribing methods for carrying out of tests for the presence of methamphetamine contaminants in premises, including for testing premises, taking samples for testing, testing of samples, establishing levels of contaminants present in premises, and who is authorised to carry out the tests or parts of the tests: including prescribing methods or standards relating to

(i)

testing premises, taking samples for testing, and testing of samples:

(ii)

assessment of the results of the testing of premises or samples, including determining whether methamphetamine contamination is established:

(iii)

who is authorised to carry out the tests or parts of the tests:

(c)

prescribing the decontamination process processes (which may extend to pre-decontamination and post-decontamination assessment, sampling, and testing, and may include who is authorised to carry out the process processes or parts of the process processes) for the purposes of sections 45(1AA), and 66H(3), and 66UA(3)(b).:

(d)

prescribing processes and duties for the purposes of section 62(3A) (which relates to abandoned goods on contaminated premises).

(1A)

Before making a recommendation for the purposes of subsection (1), the Minister must have regard to any relevant New Zealand Standard.

(2)

Regulations under this section may be different for different spaces, materials, or other aspects of premises, or for different descriptions of premises.

(a)

contaminants or classes of contaminants:

(b)

spaces, materials, or other aspects of premises or goods, or for different descriptions of premises or goods:

(c)

levels of contamination.

(3)

Regulations under subsection (1)(d) may require compliance with sections 62(3) and 62A to 62D

(a)

in whole or in part; and

(b)

with modifications, additions, or variations specified in the regulations.

138D Powers to make regulations under sections 138A to 138C not limited by other enactments

To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A, 138B, or 138C.