Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations are made under sections 138A and 138B of the Residential Tenancies Act 1986 (the Act). Sections 138A and 138B were both inserted into the Act by the Residential Tenancies Amendment Act 2016 (the Amendment Act).
Section 138A of the Act allows regulations to be made imposing requirements on landlords and tenants in respect of smoke alarms.
Section 138B of the Act allows regulations to be made imposing requirements on landlords in respect of insulation.
The requirements in respect of smoke alarms are set out in Part 1, which comes into force on 1 July 2016.
The requirements in respect of insulation are set out in Part 2. Part 2 comes into force as follows:
subpart 1 comes into force on 1 July 2016 for income-related rent tenancies (as defined in regulation 3) and on 1 July 2019 for all other tenancies (including all boarding house tenancies):
This staged approach to commencement is in line with the staged approach to commencement provided for in the Amendment Act.
Schedule 1 contains transitional, savings, and related provisions. These provisions need to be referred to when reading Parts 1 and 2. Schedule 1 comes into force on 1 July 2016, except clauses 5 and 7, which come into force on 1 July 2019.
Part 1Smoke alarms
Subpart 1—Landlords’ responsibilities
Regulations 5 to 7 require landlords to ensure that smoke alarms are installed at certain locations at the premises throughout the tenancy and set out technical and other requirements that the smoke alarms must meet.
Regulation 8 modifies the requirements of regulations 5 to 7 where a hard-wired smoke alarm system is installed at the premises.
Subpart 2—Tenants’ responsibilities
Regulations 9 and 10 require tenants to replace worn-out batteries contained in smoke alarms that are installed at the premises or, in the case of a boarding house tenancy, that are installed in the tenant’s boarding room. This does not affect the landlord’s responsibility for ensuring that a smoke alarm has all necessary batteries at the beginning of the tenancy or when the alarm is originally installed at the premises (if later). The requirements do not apply to back-up batteries contained in hard-wired smoke alarms.
Part 2Insulation
Subpart 1—Ceiling and underfloor insulation required
Regulations 11 to 13 require landlords to ensure that, throughout the tenancy, ceiling insulation is installed for ceilings of habitable spaces at the premises and set out requirements in relation to the insulation’s thermal resistance and condition (see also regulation 17).
Regulations 14 to 16 require landlords to ensure that, throughout the tenancy, underfloor insulation is installed for suspended floors of habitable spaces at the premises and set out requirements in relation to the insulation’s thermal resistance and condition (see also regulation 17).
Regulations 18 to 21 set out exceptions to the requirements in respect of ceiling and underfloor insulation, including an exception that covers circumstances in which it is not reasonably practicable for insulation to be installed.
Subpart 2—Other requirements
Regulation 22 requires the landlord to ensure that any work in respect of ceiling or underfloor insulation that is carried out during the tenancy is carried out in accordance with New Zealand Standard NZS 4246:2006 (Energy Efficiency – Installing Insulation in Residential Buildings).
Regulation 23 requires certain landlords to ensure that any ceiling or underfloor insulation that is installed during the tenancy meets certain requirements in relation to thermal resistance.
Regulation 24 prohibits the installation of electrically conductive ceiling or underfloor insulation.
Subpart 3—Amendments to subpart 2
Subpart 3 makes amendments to subpart 2 in consequence of the staged approach to commencement in the Amendment Act.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 23 June 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 9 June 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.