Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016

2016/219

Coat of Arms of New Zealand

Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 26th day of September 2016

Present:
His Excellency the Administrator of the Government in Council

These regulations are made under section 138B of the Residential Tenancies Act 1986 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016.

2 Commencement

These regulations come into force on 1 October 2016.

3 Principal regulations

These regulations amend the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3(1), replace the definition of NZS 4246:2006 with:

NZS 4246:2016 means New Zealand Standard NZS 4246:2016 (Energy efficiency—Installing bulk thermal insulation in residential buildings)

5 Regulation 12 amended (Qualifying ceiling insulation: general rule)

In regulation 12(1)(b), replace “NZS 4246:2006” with “NZS 4246:2016”.

6 Regulation 15 amended (Qualifying underfloor insulation: general rule)

In regulation 15(1)(b), replace “NZS 4246:2006” with “NZS 4246:2016”.

7 Regulation 22 amended (Insulation work during tenancy to be carried out in accordance with NZS 4246:2006)

(1)

In the heading to regulation 22, replace NZS 4246:2006 with NZS 4246:2016.

(2)

In regulation 22(2), replace “NZS 4246:2006” with “NZS 4246:2016”.

8 Schedule 1 amended

In Schedule 1, after Part 1, insert:

Part 2 Provisions relating to Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016

9 Existing tenancies

(1)

A provision of the Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016 applies to a tenancy whether the tenancy commences before, on, or after 1 October 2016.

(2)

This clause is subject to clause 10.

10 Regulations 5 and 6 of Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016 not to apply to insulation installed before 1 October 2016

Regulations 5 and 6 of the Residential Tenancies (Smoke Alarms and Insulation) Amendment Regulations 2016 do not apply to insulation installed before 1 October 2016.

Michael Webster,
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 1 October 2016, amend the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 (the principal regulations).

A new standard on installing insulation in residential buildings has been published, which replaces the previous standard. The new standard is New Zealand Standard NZS 4246:2016 (Energy efficiency—Installing bulk thermal insulation in residential buildings).

The amendments replace references in the principal regulations to the previous standard with references to the new standard.

The amendments apply to existing tenancies. However, the changes to regulations 12 and 15 of the principal regulations (which relate to qualifying ceiling and underfloor insulation respectively) do not apply to insulation installed before 1 October 2016.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 September 2016.

These regulations are administered by the Ministry of Business, Innovation, and Employment.