Residential Tenancies Regulations 1998

  • revoked
  • Residential Tenancies Regulations 1998: revoked, on 1 October 2010, by clause 3 of the Residential Tenancies Regulations Revocation Order 2010 (SR 2010/257).

Reprint
as at 1 October 2010

Crest

Residential Tenancies Regulations 1998

(SR 1998/256)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 31st day of August 1998

Present:
His Excellency the Governor-General in Council

  • Residential Tenancies Regulations 1998: revoked, on 1 October 2010, by clause 3 of the Residential Tenancies Regulations Revocation Order 2010 (SR 2010/257).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Building and Housing.


Pursuant to section 140 of the Residential Tenancies Act 1986, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Residential Tenancies Regulations 1998.

    (2) These regulations come into force on 5 October 1998.

2 Forms
3 Method of payment of bond
  • Payment of a bond required under section 19(1)(b) of the Residential Tenancies Act 1986 to be forwarded to the chief executive may be paid—

    • (a) by cheque at any office of the Ministry; or

    • (b) by cash at any office nominated by the chief executive to receive cash payments of bonds; or

    • (c) by such other method as may be determined in advance by the chief executive of the Ministry.

4 Revocation
  • The Residential Tenancies Regulations 1987 (SR 1987/6) are consequentially revoked.


Schedule
Prescribed forms

r 2

Form 1
Bond lodgement

(Section 19(1)(b) of the Residential Tenancies Act 1986)

Bond No (office use only)

.

Address of rented property

Unit/Flat No:

Street No:

Street name:

Suburb:

Town/City:

House □

Flat □

No of bedrooms □

Landlord details

Name(s):

Address for service:

Work phone No:

Home phone No:

Tenant details

Name(s):

Address for service:

Work phone No:

Home phone No:

The address for service must be an actual address (not a PO Box).

Money

Date tenancy commenced:    /   /

Weekly rent: $

Payment enclosed for this bond: $

Total bond payable: $

If this is an instalment payment to an existing bond, please write the bond number below.

.

Please make your cheque payable to: Ministry of Housing.

You must all sign here:

Landlord signature(s):

Tenant signature(s):

Signing here means you agree with all the details shown.

 

The Privacy Act 1993 requires the Ministry of Housing to inform you that:

  • This information is being collected by the Ministry of Housing under the authority of the Residential Tenancies Act 1986. You have the right to access and correct personal information held about yourself. This information will be held by the Ministry of Housing. The information will be used for the purposes of the Ministry of Housing, including the administration of residential tenancy bonds, and statistical analysis (in which the parties will not be identified). The information may also be used in the administration of dispute resolution services.

  • All information in this form will be available to both the landlord(s) and the tenant(s).

  • Failure to provide this information may result in a delay or the inability to lodge your bond.

Form 2
Bond refund

(Section 22(2) of the Residential Tenancies Act 1986)

Bond No

.

Date tenancy ended:    /   /

Address of rented property

Unit/Flat No:

Street No:

Street name:

Suburb:

Town/City:

Landlord details

Name(s):

Address for service:

Work phone No:

Home phone No:

Tenant details

Name(s):

Address for service:

Work phone No:

Home phone No:

The address for service must be an actual address (not a PO Box).

Money

Landlord refund details

Amount to be refunded: $

Tenant refund details

Amount to be refunded: $

You must all sign here:

Landlord signature(s):

Tenant signature(s):

Signing here means you agree with all the details shown.

 

The Privacy Act 1993 requires the Ministry of Housing to inform you that:

  • This information is being collected by the Ministry of Housing under the authority of the Residential Tenancies Act 1986. You have the right to access and correct personal information held about yourself. This information will be held by the Ministry of Housing. The information will be used for the purposes of the Ministry of Housing, including the administration of residential tenancy bonds, and statistical analysis (in which the parties will not be identified). The information may also be used in the administration of dispute resolution services.

  • Failure to provide this information may result in a delay or the inability to administer your bond.

Form 3
Tenant application for order of Tenancy Tribunal

Section 86(1) of the Residential Tenancies Act 1986

Tenancy details

Address of rented property:

Rent paid per week:

Amount of bond paid:

Bond number:

Date tenancy started:

Date tenancy vacated (if applicable):

Applicant's details (tenant)

Name of tenant(s):

Address for service:

Contact address (if different from address for service):

Other contact details (eg, phones, fax, email):

Other party's details (landlord)

Name of landlord:

*Landlord—

  • *acts as agent for [name]

  • *acts as trustee for [name]

  • *trades as [name]

Address for service:

Contact address (if different from address for service):

Other contact details (eg, phones, fax, email):

*Delete if inapplicable
Details of application

Specify the order you want the Tribunal to make:

Has the landlord been told that this application is being made and what it is about?

Is an interpreter needed?

If so, what language and who for?

Reason for application

Give brief details of the reason for your application:

Supporting documents

Please supply the following:

Tenancy agreement

Other relevant documents

Application fee

Have you paid the application fee?

Signature

Name of person making this application:

Signature of applicant (or agent):

Date:

  • Schedule form 3: substituted, on 19 June 2006, by regulation 4 of the Residential Tenancies Amendment Regulations 2006 (SR 2006/117).

Form 3A
Landlord application for order of Tenancy Tribunal

Section 86(1) of the Residential Tenancies Act 1986

Tenancy details

Address of rented property:

Rent paid per week:

Amount of bond paid:

Bond number:

Date tenancy started:

Date tenancy vacated (if applicable):

Applicant's details (landlord)

Name of landlord:

*Landlord—

  • *acts as agent for [name]

  • *acts as trustee for [name]

  • *trades as [name]

Address for service:

Contact address (if different from address for service):

Other contact details (eg, phones, fax, email):

*Delete if inapplicable
Other party's details (tenant)

Name of tenant(s):

Address for service:

Contact address (if different from address for service):

Other contact details (eg, phones, fax, email):

Details of application

Specify the order you want the Tribunal to make:

Has the tenant been told that this application is being made and what it is about?

Is an interpreter needed?

If so, what language and who for?

Reason for application

Give brief details of the reason for your application:

Supporting documents

Please supply the following:

Tenancy agreement

Summary of rent arrears (if applicable)

Notice requiring tenant to remedy breach within 10 working days (if applicable)

Other relevant documents

Application fee

Have you paid the application fee?

Signature

Name of person making this application:

Signature of applicant (or agent):

Date:

  • Schedule form 3A: inserted, on 19 June 2006, by regulation 4 of the Residential Tenancies Amendment Regulations 2006 (SR 2006/117).

Form 4
Notice of objection to application for enforcement of order

(Section 107(3) of the Residential Tenancies Act 1986)

Residential Tenancies Act 1986

In the District Court

held at:

Ref. No:        /

Notice of objection to application for enforcement of an order made by the Tenancy Tribunal

Applicant

Full name:

Address:

Objector

Full name:

Address:

 

I object to the application for enforcement of the Tenancy Tribunal's order made:

Date of Tribunal's decision:

Place:

T T No:

The only ground for objection is that the order of the Tenancy Tribunal has been fully complied with.

Details of objection

The order of the Tenancy Tribunal was carried out on: [state date(s)]

Please provide any other relevant information.

Signature of objector or agent:

Date:

This objection will be referred to the Tenancy Tribunal for decision.

You will be notified in due course of the date for the Tribunal hearing.

Form 5
Notice of appeal to District Court

(Section 117(5) of the Residential Tenancies Act 1986)

Office of the Tenancy Tribunal

In the District Court

held at:

MA

Residential Tenancies Act 1986

Notice of appeal to District Court

Important: This application must be lodged within 10 working days after the decision to which the application relates.

Appellant

Full name:

Address:

Other party

Full name:

Address:

Appeal details

Date of Tribunal decision:

Place:

T T No:

Reason for appeal:

(Solicitor for) appellant:

Dated this        day of

 

To: the Registrar, District Court at:

This notice is filed by:

Whose address for service is at:

(A PO Box number is not acceptable)

 

The Residential Tenancies Act 1986 states that:

You may not appeal—

1
  • (a) against an interim order made by the Tribunal:

  • (b) against an order or failure to make an order for the payment of money, or a work order or failure to make a work order, where the amount or the value of the work that would be in dispute on appeal is less than $1,000.

You are warned that—

2
  • (a) filing a notice of appeal will not operate as a stay of proceedings unless the Tribunal or a District Court Judge on application so determines:

  • (b) where the appeal relates to an order terminating the tenancy made on the ground of non-payment of rent, a stay of proceedings will not be granted unless the application for stay is supported by a receipt or other written evidence tending to show that the rent was not in fact in arrears at the date of the hearing before the Tribunal.

  • 3 A copy of this notice of appeal has been sent to the other party.

Form 6
Bond transfer

Old bond No

.

Date previous tenancy ended   /   /

Address of previous rented property:

Previous tenancy—landlord details

Name(s):

Address for service:

Work phone No:

Home phone No:

Previous tenancy—tenant details

Name(s):

Address for service:

Work phone No:

Home phone No:

                                        

New bond No (office use only)

.

Date new tenancy starts    /   /

Address of new rented property:

House □

Flat □

Number of bedrooms □

Weekly rent $ □

New tenancy—landlord details

Name(s):

Address for service:

Work phone No:

Home phone No:

New tenancy—tenant details

Name(s):

Address for service:

Work phone No:

Home phone No:

The address for service must be an actual address (not a PO Box).

Money

Refund details

Amount to be refunded: $

Who it is to be refunded to:

Transfer details

Amount to be transferred: $

Extra payment details

Extra payment enclosed: $

You must all sign here:

Previous landlord signature(s):

Previous tenant signature(s):

New landlord signature(s):

New tenant signature(s):

Signing here means you agree with all the details shown.

 

The Privacy Act 1993 requires the Ministry of Housing to inform you that:

  • This information is being collected by the Ministry of Housing under the authority of the Residential Tenancies Act 1986. You have the right to access and correct personal information held about yourself. This information will be held by the Ministry of Housing. The information will be used for the purposes of the Ministry of Housing, including the administration of residential tenancy bonds, and statistical analysis (in which the parties will not be identified). The information may also be used in the administration of dispute resolution services.

  • Failure to provide this information may result in a delay or the inability to administer your bond.

Form 7
Mediator's order

(Section 88(2) of the Residential Tenancies Act 1986)

Office of the Tenancy Tribunal

Tenancy Tribunal at:

Applicant:

Full name:

Address/Address for service:

Other party:

Full name:

Address/Address for service:

 

Date:

Time:

Place:

Address of rental property:

 
 

Terms of order

 

Mediator's certificate

I certify that the parties to this application have reached an agreed settlement, and I make this order under section 88(2) of the Residential Tenancies Act 1986 to give effect to that settlement.

Signed:

Name:

Tenancy Mediator

Sealing endorsement

This is a true copy of an order made in mediation.

Signed:

Name:

Tenancy Officer/ Mediator on    /   /

Sealed by

Adjudicator:               on    /   /

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 September 1998.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Residential Tenancies Regulations 1998. The reprint incorporates all the amendments to the regulations as at 1 October 2010 as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)