Residential Tenancies Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Housing and Urban Development
138B Healthy homes standards

(1)

The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards) with which landlords must comply for the purposes of section 45(1)(bb) or 66I(1)(bb).

(2)

The healthy homes standards may include any of the following:

(a)

standards about the indoor temperatures that must be capable of being achieved in the premises:

(b)

standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)(i) to (vii):

(c)

standards imposing requirements in relation to any of the following:

(i)

heating:

(ii)

insulation:

(iii)

ventilation:

(iv)

moisture ingress:

(v)

draught stopping:

(vi)

drainage:

(vii)

any material or other thing relating to a thing referred to in subparagraphs (i) to (vi).

(3)

The requirements that may be imposed by standards under subsection (2)(c) include the following (for example):

(a)

requirements that things be installed or provided at the premises:

(b)

requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:

(c)

requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.

(4)

Regulations under subsection (1) may—

(a)

specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):

(b)

include exceptions to standards.

(5)

The Governor-General may, by Order in Council, make regulations—

(a)

prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)(b) or (1CB)(b):

(b)

prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)(ca) (which may include records or other documents relating to work or other things done before the commencement of the tenancy).

(6)

Regulations under this section may—

(a)

make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:

(b)

make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.

(7)

In this section, premises, in relation to a tenancy that is not a boarding house tenancy, includes facilities.

(8)

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

See secondary legislation made under this Act (if published on this website)
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 138B: replaced, on 1 July 2019, by section 6 of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 138B(8): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).