Residential Tenancies (Healthy Homes Standards) Regulations 2019

2 Application of sections 45(1)(bb) and 66I(1)(bb) of Act—dates for compliance with healthy homes standards

(1)

This clause prescribes times for the purposes of clause 12(5) and (6) of Schedule 1AA of the Act (which specifies when the healthy homes standards must be complied with).

(2)

The prescribed time for a tenancy of a type listed in the following table, subject to subclause (3), is the beginning of the day specified in the table as the HH start day for a tenancy of that type.

Type of tenancyHH start day

Boarding house tenancy (but not HNZ housing tenancy or community housing tenancy)

1 July 2021

HNZ housing tenancy

1 July 2023

Community housing tenancy

1 July 2023

General tenancy

(a)

if DCT before 1 July 2021

(i)

if renewed on or after 1 July 2021 but before 2 April 2024

90th day after first renewal date after 1 July 2021
(ii)

otherwise

1 July 2024
(b)

if DCT on or after 1 July 2021 but before 2 April 2024

90th day after DCT
(c)

if DCT on or after 2 April 2024

1 July 2024

(3)

The prescribed time for a tenancy, as determined under subclause (2), applies in relation to all the healthy homes standards except—

(a)

the amendments to the heating standard made by the Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022 (the amendment regulations) in relation to certain general tenancies of modern dwellings or relevant apartments (see subclause (3A)); and

(b)

the transitional insulation standard (for that standard, see clause 3).

(3A)

Despite subclause (2), for the general tenancy of a modern dwelling or relevant apartment that has an HH start day in the period starting on the date on which the amendment regulations come into force (the commencement date) and ending on the date that is 9 months after the commencement date, the date for compliance with the heating standard as amended by the amendment regulations is the date that is 9 months after the commencement date.

(4)

In this clause, DCT means the date of commencement of the tenancy.

Schedule 1 clause 2(2): amended, on 12 May 2022, by regulation 18(1) of the Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022 (SL 2022/109).

Schedule 1 clause 2(3): replaced, on 12 May 2022, by regulation 18(2) of the Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022 (SL 2022/109).

Schedule 1 clause 2(3A): inserted, on 12 May 2022, by regulation 18(2) of the Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022 (SL 2022/109).