Residential Tenancies Amendment Bill

Hon Kris Faafoi

Residential Tenancies Amendment Bill

Government Bill

218—2

Contents

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

The Parliament of New Zealand enacts as follows: