Schedule 1B Fines and fees for infringement offences

s 126A

Schedule 1B: inserted, on 11 February 2021, by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

1 Maximum fine for infringement offences

The maximum fine for an infringement offence specified in column 1 of the table in clause 4 is an amount not exceeding,—

(a)

if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 3 of the table; and

(b)

in any other case, the corresponding amount in column 4 of the table.

Schedule 1B clause 1: inserted, on 11 February 2021, by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

2 Infringement fee for infringement offences

The infringement fee for an infringement offence specified in column 1 of the table in clause 4 is,—

(a)

if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 5 of the table; and

(b)

in any other case, the corresponding amount in column 6 of the table.

Schedule 1B clause 2: inserted, on 11 February 2021, by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

3 Infringement notice not invalid if higher fee applies

An infringement notice served on a landlord that has 6 or more tenancies or that is the landlord of a boarding house is not invalid merely because the notice imposes the fee for the offence that is in column 6 of the table in clause 4.

Schedule 1B clause 3: inserted, on 11 February 2021, by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

4 Table of fines and fees for infringement offences

The following table sets out the fines and fees for infringement offences under this Act:

Column 1Column 2Column 3Column 4Column 5Column 6
SectionDescription of offenceFine (cl 1(a)) ($)Fine (cl 1(b)) ($)Fee (cl 2(a)) ($)Fee (cl 2(b)) ($)
13(4)(b)Failing to ensure tenancy agreement in writing, signed, and provided to tenant2,0001,0001,000500
13A(1G)Failing to comply with section 13A(1A), (1CA), (1CB), or (2)2,0001,0001,000500
15(3)Failing to give notice as successor2,0001,0001,000500
16(2A)Failing to notify change of name or address2,0001,0001,000500
16A(6)(b)Failing to appoint agent when outside New Zealand for longer than 21 consecutive days3,0001,5001,000500
17(3A)Requiring key money3,0001,5001,000500
17A(4)Requiring letting fee3,0001,5001,000500
18(4)(b)Requiring bond greater than amount permitted3,0001,5001,000500
18A(2)(b)Requiring unauthorised form of security3,0001,5001,000500
19(3)Breaching duties on receipt of bond3,0001,5001,000500
22F(3)(b)Failing to state amount of rent in advertisement or offer2,0001,0001,000500
23(4)(b)Requiring rent more than 2 weeks in advance or before rent already paid expires3,0001,5001,000500
29(6)Failing to give receipt for rent2,0001,0001,000500
30(2)(b)Failing to keep records2,0001,0001,000500
44A(3)(b)Failing to itemise expenses incurred on assignment, subletting, parting with possession, or termination by consent2,0001,0001,000500
45(1AD)(b)Failing to provide healthy homes information2,0001,0001,000500
47(4)Failing to inform prospective tenants that premises on the market3,0001,5001,000500
48(4A)Failing to notify tenant of results of test for contaminants2,0001,0001,000500
66I(7)Failing to provide healthy homes information2,0001,0001,000500
66J(2B)(b)Failing to inform prospective tenants that boarding house premises on the market3,0001,5001,000500
66J(4)(b)Failing to notify tenant of results of test for contaminants (relating to boarding house facilities)2,0001,0001,000500
66T(1A)Failing to notify tenant of results of test for contaminants (relating to boarding room)2,0001,0001,000500
123A(5)(b)Failing to produce documents to chief executive3,0001,5001,000500

Schedule 1B clause 4: inserted, on 11 February 2021, by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).