Residential Tenancies (Healthy Homes Standards) Regulations 2019

31 Exemption if premises due to be demolished or substantially rebuilt

(1)

The landlord need not comply with regulation 6 if,—

(a)

before the commencement of the tenancy, the landlord applied for consent to demolish or substantially rebuild the premises, with that work to begin within the grace period; and

(b)

as at the commencement of the tenancy,—

(i)

the application is still pending; or

(ii)

if consent was granted before the tenancy commenced, the consent remains in force.

(2)

This exemption ceases to apply if, during the term of the tenancy, any of the following occurs:

(a)

the consent lapses or is terminated:

(b)

the grace period expires:

(c)

if subclause (1)(b)(i) applied, the application for consent is refused:

(d)

the landlord receives a request for evidence and fails to provide reasonable evidence of the application and its current status to the person making the request within 10 working days after the day on which the landlord receives the request:

(e)

the landlord receives a Tribunal request or requirement for evidence and fails to comply with it within the time allowed by the Tribunal.

(3)

However, despite subclause (2)(c), if the landlord challenges the decision to refuse the application, the exemption is reinstated and continues until the challenge (and any subsequent appeal) is determined.

(4)

In this regulation,—

challenge, in relation to a decision to refuse an application for consent, means,—

(a)

if it is an application for a resource consent, an appeal against the decision; or

(b)

if it is an application for a building consent, an application for a determination under section 177 of the Building Act 2004 in relation to the decision

consent means—

(a)

a building consent as defined in section 7 of the Building Act 2004; or

(b)

a resource consent as defined in section 2(1) of the Resource Management Act 1991

grace period means the period of 12 months beginning on the date of commencement of the tenancy

request for evidence means a reasonable request for evidence of the application for consent given to the landlord by the tenant or the chief executive acting for the purposes of the chief executive’s functions or powers under the Act

Tribunal request or requirement for evidence means a request or requirement from the Tribunal in the course of any proceedings relating to the tenancy for the landlord to provide reasonable evidence of the application for consent.