1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
5 New section 4 substituted
4 Act generally to apply to all residential tenancies
6 Act excluded in certain cases
7 New section 5B inserted
5B Exempt student accommodation
8 Short fixed-term tenancies
9 Contents of tenancy agreement
10 New section 13AB inserted
13AB Address for service
11 Exceptions to requirements relating to tenancy agreements
12 Change of name or address
13 New sections 16A and 16B inserted
16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days
16B Body corporate rules part of tenancy agreement
14 Requiring key money prohibited
15 New section 18A inserted
18A Landlord must not require security other than permitted bond
16 Duties of landlord on receipt of bond
17 Tenant may pay bond direct to chief executive with landlord's consent
18 New sections 22 to 22E substituted
22 Agreed applications to chief executive for payment of bond
22A Applications to chief executive for payment of bond without agreement of other party
22B Applications to, and orders by, Tribunal
22C Payments of bond to be made out of Residential Tenancies Trust Account
22D Chief executive may take steps to refund bonds
22E Social Welfare may disclose address information for bond refund purposes
19 Rent increases
20 New section 24A inserted
24A Expiry of temporary rent reduction
21 Market rent
22 New sections 28 to 28B substituted
28 Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms
28A Increase of rent by order in case of unforeseen expenses
28B Effect of rent increases under section 28 or 28A
23 Accelerated rent or damages prohibited
24 Tenant’s goods not to be seized
25 New section 39 substituted
39 Responsibility for outgoings
26 Tenant’s responsibilities
27 Tenant’s fixtures
28 Assignment and subletting by tenant
29 Landlord’s responsibilities
30 Landlord’s right of entry
31 Circumstances in which tenancies are terminated
32 New section 50A inserted
50A Termination following death of sole tenant
33 Termination by notice
34 Special provisions for notice terminating service tenancies
35 New section 53A inserted
53A Special provisions for notice terminating certain student tenancies
36 Tribunal may declare retaliatory notice of no effect
37 Termination on non-payment of rent, damage, or assault
38 Termination for other breach
39 Mortgagee or other person becoming entitled to possession
40 Destruction of premises
41 New section 59A inserted
59A Termination where breach renders premises uninhabitable
42 New sections 60A to 60C inserted
60A Fixed-term tenancy becomes periodic unless contrary notice given
60B Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry
60C Notices and orders continue to apply to renewed or extended tenancies
43 Abandonment of premises
44 New sections 62 to 62F substituted
62 Goods left on premises on termination of tenancy
62A Disposal of abandoned goods following assessment of market value
62B Disposal of abandoned goods in accordance with Tribunal order
62C Application of proceeds of sale and recovery of amount owing
62D Tenant may claim proceeds of sale
62E Responsibility of tenant unaffected
62F Protection from liability
45 Entry without order of Tribunal prohibited
46 Possession order
47 Eviction of squatters
48 Reduction of fixed-term tenancy
New Part 2A inserted
49 New Part 2A inserted
Part 2ABoarding house tenancies
Application
66A Application of Part
66B Interpretation for this Part
Boarding house tenancy agreements
66C Content of boarding house tenancy agreements
66D Bond of 1 week’s rent or less
66E Outgoings
66F Tenancy not assignable by tenant
Rights and obligations of landlords and tenants
66G Quiet enjoyment
66H Landlord’s obligations at start of tenancy
66I Landlord’s ongoing obligations
66J Other obligations of landlord
66K Obligations of tenant
66L Tenant’s liability for damage caused by others
66M Tenant’s obligations at end of tenancy
66N Mitigation of damage or loss
House rules
66O Landlord may make house rules
66P What tenant may do if he or she objects to house rules
Landlord’s right of entry
66Q Landlord has right to enter premises at any time
66R Landlord’s right to enter boarding room is limited
66S Notice of entry
66T Consequence of abuse, or refusal, of right of entry
Termination
66U Termination of tenancy by landlord
66V When tenant may terminate tenancy
66W Termination of tenancy on death of sole tenant
Abandonment
66X Abandonment by tenant
66Y Possession orders
50 Constitution of Tribunal
51 Term of office of Tenancy Adjudicator
52 Conduct of Tribunal and stationing of Tenancy Adjudicators
53 New section 72 substituted
72 Registrars
54 Seal of Tribunal
55 Section 75 repealed
56 Tenancy Mediators
57 Jurisdiction of Tribunal
58 Orders of Tribunal
59 New section 83A inserted
83A Referral of complaints to Health and Disability Commissioner
60 New sections 86 and 87 substituted
86 Filing of applications
87 Duties of chief executive on receipt of application
61 Functions of Tenancy Mediators
62 Tenancy Mediator to observe confidentiality
63 New sections 91A and 91B inserted
91A Service on tenants following application
91B Hearing may proceed even if party not served
64 Non-attendance at hearing after due notice
65 Right of audience
66 Proceedings usually to be in public
67 Tribunal may require inquiry and report by Tenancy Mediator
68 Costs
69 Enforcement of orders other than possession orders and work orders
70 Enforcement of work orders
71 Unlawful acts
72 New section 109A inserted
109A Tribunal may restrain further commissions of unlawful acts
73 Failing to answer witness summons
74 Contempt
75 New heading and sections 112A to 112F inserted
Contact information for enforcement purposes
112A Interpretation
112B Application for contact information
112C Application referred to specified agency
112D Response to applicant
112E Specified information sent to District Court
112F Non-disclosure of contact information
76 New section 113 substituted
113 Chief executive to provide assistance
77 Powers of entry of Tenancy Mediators
78 Rules of procedure
79 Appeal to District Court
80 General functions and powers of chief executive
81 Annual report
82 Residential Tenancies Trust Account
83 Tribunal or chief executive may require terms of tenancy agreement
84 Service of documents
85 New section 136A inserted
136A Calculation of periods
86 Regulations relating to other matters
87 Section 141 repealed
88 New Schedules 1 and 1A substituted
Part 2Transitional provisions
89 Existing tenancies
90 Existing tenancies not affected by certain amendments
91 Application of certain provisions to existing tenancies deferred
92 Goods abandoned in case of tenancies terminated before relevant commencement
93 Boarding house tenancies
94 References to Part 2A to be disregarded before its commencement
95 References to Unit Titles Act 2010 before operation of that Act
96 Bond refund applications
97 Proceedings before Tribunal
98 Unlawful acts
Schedule New Schedules 1 and 1A substituted
Legislative history
The Parliament of New Zealand enacts as follows: