Residential Tenancies (Fees) Amendment Regulations 2011

2011/125

Coat of Arms of New Zealand

Residential Tenancies (Fees) Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of May 2011

Present:
His Excellency the Governor-General in Council

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

Regulations

1  Title
  • These regulations are the Residential Tenancies (Fees) Amendment Regulations 2011.

2  Commencement
  • These regulations come into force on 20 June 2011.

3  Principal regulations amended
4  Tenancy Tribunal application fee
  • Regulation 2 is amended by revoking subclause (1) and substituting the following subclause:

    • (1) The fee payable for the filing of an application with the Tenancy Tribunal under section 86 of the Residential Tenancies Act 1986 (except an application that relates to a unit title dispute within the meaning of section 171 of the Unit Titles Act 2010) is $20.44.

5  Method of fee payment
  • (1) Regulation 3(a) is amended by omitting Ministry in each place where it appears and substituting in each case department.

    (2) Regulation 3(b) is revoked.

    (3) Regulation 3(c) is amended by omitting Ministry and substituting department.

6  Records in Tribunal registry
  • (1) Regulation 4(1) is amended by omitting $10 and substituting $10.22.

    (2) Regulation 4(2) is amended by omitting 50 cents and substituting 51 cents.

7  Fees for transcribing and copying of proceedings
  • (1) Regulation 5(1) is amended by omitting $25 and substituting $25.55.

    (2) Regulation 5(2) is amended by omitting $10 and substituting $10.22.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 20 June 2011, amend the Residential Tenancies (Fees) Regulations 1998 (the principal regulations) by removing an outdated method for the payment of the fee for filing an application with the Tenancy Tribunal under section 86 of the Residential Tenancies Act 1986.

Currently, regulation 3(b) of the principal regulations provides that the Tenancy Tribunal application fee may be paid by way of prepaid stamps. These regulations revoke regulation 3(b).

On or after the commencement of these regulations, the Tenancy Tribunal application fee may be paid by deposit into a bank account nominated by the Department of Building and Housing or by any other method determined in advance by the chief executive of that department.

These regulations also clarify that the Tenancy Tribunal application fee does not apply to an application that relates to a unit title dispute within the meaning of section 171 of the Unit Titles Act 2010. The fee for an application that relates to such a dispute is set under the Unit Titles (Unit Title Disputes—Fees) Regulations 2011.

Finally, these regulations make minor changes to the principal regulations. They include changing the amounts of the various fees set by the principal regulations to reflect the increase in goods and services tax to 15%.


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

Date of notification in Gazette: 12 May 2011.

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