Residential Tenancies Amendment Bill

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Hon Kris Faafoi

Residential Tenancies Amendment Bill

Government Bill

218—2

	Commentary
	Key
1	Title
2	Commencement
	Part 1 Amendments to Residential Tenancies Act 1986
3	Principal Act
4	Section 2 amended (Interpretation)
5	Section 5 amended (Act excluded in certain cases)
6	Section 7 amended (Short fixed-term tenancies)
7	Section 13 replaced (Form of tenancy agreement)
	13	Tenancy agreement must be in writing and signed
8	Section 13A amended (Contents of tenancy agreement)
9	Section 15 amended (Notification of successor to landlord or tenant)
10	Section 16 amended (Change of name or address)
11	Section 16A amended (Landlord must have agent if out of New Zealand for longer than 21 consecutive days)
12	Section 17 amended (Requiring key money prohibited)
13	Section 17A amended (Requiring letting fee prohibited)
14	Section 18 amended (Bonds to be no more than 4 weeks’ rent)
15	Section 18A amended (Landlord must not require security other than permitted bond)
16	Section 19 amended (Duties of landlord on receipt of bond)
17	New sections 22F and 22G inserted
	22F	Landlord must state amount of rent when advertising residential premises
	22G	Landlord must not invite or encourage bids for rent
18	Section 23 amended (Rent in advance)
19	Section 24 amended (Rent increases)
20	Section 29 amended (Receipts for rent)
21	Section 30 amended (Landlord to keep records)
22	Section 42 amended (Tenant’s fixtures)
23	New sections 42A and 42B inserted
	42A	Consent for tenant’s fixtures, etc
	42B	Minor changes
24	New sections 43A to 43C inserted
	43A	Effect of provision prohibiting assignment by tenant
	43B	Assignment of tenancy by tenant
	43C	Effect of assignment by tenant
25	Section 44 amended (Assignment, subletting, or parting with possession by tenant)
26	New section 44A inserted (Recovery of expenses incurred by landlord)
	44A	Recovery of expenses incurred by landlord
27	Section 45 amended (Landlord’s responsibilities)
28	New section 45B inserted (Landlord must permit and facilitate installation of fibre connection in certain circumstances)
	45B	Landlord must permit and facilitate installation of fibre connection in certain circumstances
29	Section 47 amended (Landlord to give notice to tenant of intention to sell)
30	Section 48 amended (Landlord’s right of entry)
31	Section 50 amended (Circumstances in which tenancies are terminated)
32	Section 51 amended (Termination by notice)
33	Section 53 amended (Special provisions for notice terminating service tenancies)
34	Section 53A amended (Special provisions for notice terminating certain student tenancies)
35	New section 53B inserted (Special provisions for notice terminating social housing tenancies)
	53B	Special provisions for notice terminating social housing tenancies
36	Section 55 amended (Termination on non-payment of rent, damage, or assault)
37	New sections 55A and 55B inserted
	55A	Termination for anti-social behaviour
	55B	Termination where it would be unreasonable to require landlord to continue with tenancy
38	New section 60AA inserted (Landlord acting to terminate tenancy without grounds)
	60AA	Landlord acting to terminate tenancy without grounds
39	Section 60A amended (Fixed-term tenancy becomes periodic unless contrary notice given)
40	Section 60B amended (Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry)
41	Section 61 amended (Abandonment of premises)
42	Section 63 amended (Entry without order of Tribunal prohibited)
43	Section 66A amended (Application of Part)
44	Section 66I amended (Landlord’s ongoing obligations)
45	Section 66J amended (Other obligations of landlord)
46	Section 66T amended (Consequence of abuse, or refusal, of right of entry)
47	Section 77 amended (Jurisdiction of Tribunal)
48	Section 86 amended (Filing of applications)
49	Section 90 amended (Tenancy Mediator to observe confidentiality)
50	Section 95 amended (Proceedings usually to be in public)
51	New section 95A inserted (Suppression orders)
	95A	Suppression orders
52	Section 108 amended (Enforcement of work orders)
53	Section 109 amended (Unlawful acts)
54	Section 109A amended (Tribunal may restrain further commissions of unlawful acts)
55	New sections 109B to 109E inserted
	109B	Tribunal may make pecuniary penalty orders
	109C	Maximum amount of pecuniary penalty
	109D	Considerations for Tribunal in determining pecuniary penalty
	109E	Only 1 pecuniary penalty order may be made for same conduct
56	Section 110 amended (Failing to answer witness summons)
57	Section 111A amended (Offence of breaching suppression order)
58	Section 114 amended (Powers of entry of Tenancy Mediators)
59	Section 115B amended (Online publication of final written decisions)
60	Section 123 amended (General functions and powers of chief executive)
61	Section 123A amended (Documents to be retained by landlord and produced to chief executive if required)
62	Section 123D amended (Power of entry to inspect premises)
63	Section 124 repealed (Chief executive may take or defend proceedings on behalf of any party)
64	Section 124A amended (Chief executive may take proceedings as if tenant)
65	Section 124B amended (Supplementary provision to section 124A)
66	New sections 126A to 126R and cross-headings inserted
		Infringement offences
	126A	Interpretation
	126B	Proceedings for infringement offences
	126C	When infringement notice may be issued
	126D	Infringement notice may be revoked
	126E	What infringement notice must contain
	126F	How infringement notice may be served
	126G	Payment of infringement fees
		Improvement notices
	126H	Power to issue improvement notices
	126I	Content of improvement notices
	126J	Compliance with improvement notice
	126K	Extension of time for compliance with improvement notices
	126L	Chief executive may withdraw improvement notice
	126M	Objection to improvement notice
		Enforceable undertakings
	126N	Chief executive may accept enforceable undertakings
	126O	When enforceable undertaking is enforceable
	126P	Compliance with enforceable undertaking
	126Q	Withdrawal or variation of enforceable undertaking
	126R	Proceedings for alleged contravention
67	Section 133 amended (Tribunal or chief executive may require terms of tenancy agreement)
68	Section 136 amended (Service of documents)
69	New section 137A inserted (Only 1 penalty type for same conduct)
	137A	Only 1 penalty type for same conduct
69A	New section 139A inserted (Regulations relating to infringement offences)
	139A	Regulations relating to infringement offences
70	Section 140 amended (Regulations relating to other matters)
71	Schedule 1AA amended
72	Schedule 1 amended
73	Schedule 1A replaced
74	New Schedule 1B inserted
	Part 2 Consequential amendments to other enactments
75	Consequential amendments to other enactments
	Schedule 1 New Part 5 inserted into Schedule 1AA
	Schedule 2 Schedule 1A replaced
	Schedule 3 New Schedule 1B inserted
	Schedule 4 Consequential amendments to other enactments
	Legislative history

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