Residential Tenancies Amendment Bill (No 2)

  • enacted

Schedule New Part 3 4 of Schedule 1AA inserted

s 22

Part 3 4 Provisions relating to Residential Tenancies Amendment Act 2017

1415 Interpretation

In this Part,—

2017 Amendment Act means the Residential Tenancies Amendment Act 2017

amendment means an amendment to this Act made by a provision of the 2017 Amendment Act

commencement date, in relation to an amendment, means the date on which the provision of the 2017 Amendment Act that makes the amendment comes into force

tenancy includes a tenancy to which this Act applies as a result of section 4(2) of the 2017 Amendment Act (which replaces the definition of residential premises in section 2(1)) and that subsists on the date on which that amendment came into force.

1516 Existing tenancies, etc

(1)

An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

(2)

This clause is subject to clause 19.

1617 New unlawful acts

An amendment that creates a new unlawful act does not apply to acts or omissions before the commencement date.

1718 Proceedings that have commenced

An amendment does not apply to proceedings commenced before the Tribunal before the commencement date.

19 Application of insurance and tenant liability provisions to social housing provider tenancies under existing Property Law Act 2007 leases

(1)

This clause applies only in circumstances where

(a)

Housing New Zealand Corporation or a registered community housing provider (a housing provider) is the landlord of residential premises that are the subject of a tenancy agreement; and

(b)

the housing provider is a lessee of those premises under a lease

(i)

to which the Property Law Act 2007 applies; and

(ii)

that was entered into before the date on which section 4A of the 2017 Amendment Act came into force (and including any renewal term commencing on or after that date if the right of renewal existed in the lease before that date); and

(c)

the housing provider has no legally enforceable right to require the lessor under that lease to provide the housing provider with the information that the housing provider would need to possess in order to be able to comply with the insurance information sections.

(2)

If this clause applies,

(a)

the insurance information sections do not apply to the housing provider; and

(b)

for the purpose of determining the tenant’s liability under section 49B(2), the premises are treated as not insured against the destruction or damage (so that the applicable limit in section 49B(3)(b) applies).

(3)

In this clause,

insurance information sections means

(a)

section 13A(2) to (4) (as inserted by section 4A of the 2017 Amendment Act); and

(b)

section 45(2B) to (2D) (as inserted by section 6 of the 2017 Amendment Act); and

(c)

section 66J(5) to (7) (as inserted by section 14 of the 2017 Amendment Act)

registered community housing provider has the same meaning as in section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992.

20 Transitional provision for continuing tenancy agreement when circumstances in clause 19 cease applying

(1)

This clause applies if clause 19 ceases to apply but the tenancy agreement is continuing, and the tenancy agreement was entered into on or after the date on which section 13A(2) (as inserted by section 4A of the 2017 Amendment Act) came into force.

(2)

For the purpose of section 13A(3), the tenancy agreement is treated as having been entered into before section 13A(2) came into force.

1821 Application of section 56A(1) to existing tenancies

Section 56A(1) (as inserted by section 11 of the 2017 Amendment Act) applies to a tenant of a tenancy of premises that are unlawful residential premises immediately after the commencement of section 56A(1) as if the tenancy had started on commencement of that section.

1922 Application of section 78A to certain work orders

Section 78A (as inserted by section 18 of the 2017 Amendment Act) does not apply to subsequent proceedings taken for enforcement of a work order made in a matter for which proceedings commenced before the Tribunal before the date on which that section comes into force.