Gas (Safety and Measurement) Regulations 2010

75A Responsibilities of landlords for gas appliances, fittings, and gas installations at rented residential premises

(1)

A landlord of residential premises must not provide any gas appliance, fittings, or gas installation under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation is unsafe.

(2)

A landlord of residential premises must not allow any person to use a gas appliance, fittings, or gas installation provided by the landlord under or in connection with a residential tenancy if the gas appliance, fittings, or gas installation is unsafe.

(3)

For the purposes of subclauses (1) and (2), a gas appliance, fittings, or gas installation is deemed safe for the purposes of the residential tenancy at the commencement of the tenancy if it is assessed as not unsafe under NZS 5255.

(4)

A landlord of residential premises must provide the occupier with adequate instructions for the safe use of any gas appliance, fittings, or gas installation provided under or in connection with a residential tenancy.

(5)

A landlord commits an offence and is liable on conviction to a level 2 penalty who provides a gas appliance, fittings, or gas installation under or in connection with a residential tenancy, or allows another person to use a gas appliance, fittings, or gas installation that is provided under or in connection with a residential tenancy, knowing that, or being reckless as to whether, the gas appliance, fittings, or gas installation is unsafe.

(6)

In this regulation and regulation 75, landlord has the meaning given to it in section 2(1) of the Residential Tenancies Act 1986.

Regulation 75A: inserted, on 31 July 2014, by regulation 25 of the Gas (Safety and Measurement) Amendment Regulations 2014 (LI 2014/205).