Residential Tenancies Amendment Bill (No 2)

  • enacted

Hon Kris Faafoi

Residential Tenancies Amendment Bill (No 2)

Government Bill

258—3

Contents

Key
1Title
2Commencement
3Principal Act
Part 1
Amendments relating to tenant liability and premises unlawful for residential use
4Section 2 amended (Interpretation)
4ASection 13A amended (Contents of tenancy agreement)
5Section 40 amended (Tenant’s responsibilities)
6Section 45 amended (Landlord’s responsibilities)
7New sections 49A to 49E and cross-heading inserted
Responsibility for damage
49AGeneral principle
49BWhen tenant liable
49CLandlord, not insurer, to benefit from tenant liability for careless damage
49DUnlawful acts related to liability
49EMeaning of premises
8Section 50 amended (Circumstances in which tenancies are terminated)
9Section 51 amended (Termination by notice)
10Section 55 amended (Termination on non-payment of rent, damage, or assault)
11New section 56A inserted (Termination where premises are unlawful residential premises)
56ATermination where premises are unlawful residential premises
12Section 61 amended (Abandonment of premises)
13Section 64 amended (Possession orders)
14Section 66J amended (Other obligations of landlord)
15Section 66K amended (Obligations of tenant)
16Section 77 amended (Jurisdiction of Tribunal)
17Section 78 amended (Orders of Tribunal)
18New section 78A inserted (Orders of Tribunal relating to unlawful residential premises)
78AOrders of Tribunal relating to unlawful residential premises
19Section 108 amended (Enforcement of work orders)
20Section 112 amended (Contempt)
21Section 142 amended (Effect of Property Law Act 2007)
22Schedule 1AA amended
23Schedule 1A amended
23AConsequential amendment to Healthy Homes Guarantee Act 2017
24Consequential amendment to Unit Titles Act 2010
Part 2
Amendments relating to methamphetamine and other contaminants
25Section 2 amended (Interpretation)
25ASection 33 amended (Tenant’s goods not to be seized)
26Section 45 amended (Landlord’s responsibilities)
26ANew section 45A inserted (Protection from liability for landlord who complies with contaminant regulations)
45AProtection from liability for landlord who complies with contaminant regulations
27Section 48 amended (Landlord’s right of entry)
28Section 50 amended (Circumstances in which tenancies are terminated)
29Section 51 amended (Termination by notice)
29ASection 59 amended (Destruction of premises)
29BSection 59A amended (Termination where breach renders premises uninhabitable)
30New section 59B inserted (Termination where regulations prescribe testing methods and maximum inhabitable level of contaminant)
59BTermination where regulations prescribe testing methods and maximum inhabitable level of contaminant
30ASection 62 amended (Goods left on premises on termination of tenancy)
30BSection 62E amended (Responsibility of tenant unaffected)
30CSection 62F amended (Protection from liability)
31Section 64 amended (Possession orders)
32Section 66H amended (Landlord’s obligations at start of tenancy)
32ASection 66I amended (Landlord’s ongoing obligations)
32BNew section 66IA inserted (Protection from liability for landlord who complies with contaminant regulations)
66IAProtection from liability for landlord who complies with contaminant regulations
33Section 66J amended (Other obligations of landlord)
34Section 66S amended (Notice of entry)
36ASection 77 amended (Jurisdiction of Tribunal)
36BSection 78 amended (Orders of Tribunal)
37New sections 138C and 138D inserted Section 138C replaced (Powers to make regulations under sections 138A and 138B not limited by other enactments)
138CRegulations in respect of contaminants and contaminated premises
138DPowers to make regulations under sections 138A to 138C not limited by other enactments, etc
38Schedule 1A amended
39Consequential amendment to Healthy Homes Guarantee Act 2017
Schedule
New Part 3 4 of Schedule 1AA inserted
Legislative history

The Parliament of New Zealand enacts as follows: