Residential Tenancies Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Housing and Urban Development
138A Regulations in respect of smoke alarms

(1)

The Governor-General may, by Order in Council, make regulations imposing on landlords or tenants requirements in respect of smoke alarms for the purposes of section 40(1)(ca), 45(1)(ba), 66I(1)(ba), or 66K(1)(ca).

(2)

Regulations under this section may do the following:

(a)

impose different requirements for different descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:

(b)

impose requirements on all landlords or tenants or requirements that apply only for particular descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:

(c)

impose requirements that are subject to exceptions.

(3)

The requirements that may be imposed by regulations under this section include the following (for example):

(a)

requirements that smoke alarms be installed at premises:

(b)

requirements about the inspection, maintenance, or replacement of smoke alarms that are installed at premises:

(c)

requirements about the numbers, locations, condition, types, or technical specifications of smoke alarms that are installed at premises and requirements about methods of installation.

(4)

However, the requirements that may be imposed on tenants by regulations under this section are limited to requirements in respect of the replacement of worn-out batteries contained in smoke alarms.

(5)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 138A: inserted, on 3 June 2016, by section 43 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 138A(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).