Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831584562.pdf (New Zealand)
Residential Tenancies Amendment Bill Government Bill As reported from the Social Services Committee Commentary Recommendation The Social Services Committee has examined the Residential Tenancies Amendment Bill and recommends by majority that it be passed with the amendments shown.

Introduction This bill seeks to amend the Residential Tenancies Act 1986 by, among other things, requiring smoke alarms and insulation in rental homes.
It would allow regulations to be made about requirements or exemptions for smoke alarms and insulation, and would require landlords to comply.
Other changes proposed by the bill include • • • giving tenants 28 working days instead of the current 14 to challenge a land- lord’s retaliatory termination notice enabling the chief executive of the Ministry of Business, Innovation and Em- ployment to investigate cases and take them to the Tenancy Tribunal on behalf of vulnerable tenants providing a fast track for deciding whether tenants have abandoned homes, where a landlord provides enough information to satisfy the tribunal that a property has been abandoned.
This commentary explains the main amendments we recommend.

It does not discuss minor, consequential, or technical amendments.

Higher maximum payments for unlawful acts Section 109 of the Act enables the Tenancy Tribunal to order a person such as a land- lord or a tenant who has committed an “unlawful act” to make a payment “in the nature of exemplary damages” to another person.
Unlawful acts are identified in vari- 109—2 2 Residential Tenancies Amendment Bill Commentary ous provisions of the Act, and Schedule 1A of the Act sets out the maximum amounts that may be awarded.

The highest maximum payment in Schedule 1A of the Act is $4,000 (for unlawful discrimination).

We note that other remedies are also available.

Under section 77(2)(n), general dam- ages (rather than exemplary damages) may be ordered to be paid for breaches of a tenancy agreement or a provision of the Act.
There is also a range of other sanc- tions—for example, landlords could be liable for offences under the Health Act 1956, the Building Act 2004, the Health and Safety at Work Act 2015, or the Crimes Act 1961.

We discuss below some amendments we recommend to increase the penalties payable for certain breaches.
Up to $4,000 for not installing smoke alarms or insulation Under sections 45(1A) and 66I(4) of the Act, a landlord not complying with the regu- lations about smoke alarms or insulation would be an unlawful act.

The maximum payment that could be awarded for these unlawful acts would be $3,000.

We believe that this maximum amount is too low to encourage landlords to comply with these important, potentially life-saving requirements.
We recommend inserting subclauses (1B) and (1D) into clause 40 to increase to $4,000 the maximum amount payable for failing to comply with regulations about smoke alarms or insulation, or any of the other requirements about cleanliness, maintenance, buildings, or health and safety that are covered by sections 45(1A) and 66I(4) of the Act.
Up to $4,000 for ending a tenancy in retaliation Tenants who ask landlords to comply with their legal obligations face the risk that the landlord could issue them with a notice ending the tenancy in retaliation.

Such notices give the tenant 90 days to move out; in some situations, they may give 42 days.

Under current law, landlords are not allowed to give notice in retaliation.

Section 54 of the Act gives tenants 14 working days to apply to the tribunal for a declaration that such a notice has no effect.
Clause 15(1) of the bill would lengthen this time period to 28 working days.

Clause 15(2) would make giving a retaliatory notice to a tenant an unlawful act.

If the tribunal declared such a notice to be of no effect, clauses 15(2) and 30(2) of the bill would allow it to order the landlord to pay exemplary damages to the tenant.

Clause 40 would set this amount at up to $2,000.

We consider this amount to be too low.

Regrettably, retaliatory notices are too com- mon.


During the last decade, 1,115 tenants have applied for declarations that a retalia- tory notice is of no effect.

Given also the natural power imbalance between tenants and landlords, we consider that a stronger deterrent against retaliatory notices is nee- ded.

We recommend amending clause 40(1) to raise the maximum payment for retali- atory notices of termination to $4,000.
Commentary Residential Tenancies Amendment Bill 3 No cash payments instead of doing health and safety work Under section 78(2) of the Act, the tribunal can allow money to be paid as an alterna- tive to carrying out work that a work order requires to be done on a property.

Clause 20 of the bill would prohibit this for work orders relating to smoke alarms, insulation, or certain matters under the Health Act.

We consider that this prohibition should be wider.


It is not acceptable for a cash pay- ment to replace work needed to remove or mitigate a health or safety risk at a proper- ty.

We recommend extending clause 20 to insert new paragraph (d) into section 78(2AA).

This would prohibit substituting money for carrying out work orders relat- ing to health and safety under any legislation.
Enabling consequential orders If work orders are not complied with, parties can return to the tribunal and apply for the enforcement of the work order under section 108.

To save time and cost, the tribu- nal should be able to make “consequential” orders as part of the original work order.

A consequential order might say, for example, that, if a landlord has not made a repair by a certain date, the tenant may arrange the repair themselves and deduct the cost from the rent.
We recommend amending clause 20 to insert new subsections (2AAB) to (2AAG) in- to section 78.

These amendments would allow the tribunal to provide that, if the work in a work order is not done, the party in whose favour the work order is made could itself carry out the work and recover the cost from the other party without having to make an application under section 108.
Proposed new subsections (2AAD) to (2AAF) would allow a tenant to pay their rent to the chief executive of the Ministry of Business, Innovation and Employment in- stead of to their landlord.

This money would be held in trust until enough has accu- mulated to enable the tenant to pay for the work.

Right of entry to install smoke alarms and insulation Under section 48(2) of the Act, landlords may enter a property to, among other things, carry out repairs and maintenance.
However, it is possible that installing smoke alarms and insulation could be perceived as upgrading a property rather than maintaining it.

If so, landlords may have no right of entry to do this work.

Landlords must be allowed to enter a property to install smoke alarms and insulation.

We recommend inserting new subclause (1A) into clause 14 to give landlords a spe- cific right of entry to install or repair smoke alarms or insulation.
We recommend that the rules should be the same as those for repairs and maintenance: landlords would have to give 24 hours’ notice before entering the property, and the work would need to occur between 8 am and 7 pm.

To provide a similar right of entry into boarding-house rooms, we recommend insert- ing new clause 17B.

4 Residential Tenancies Amendment Bill Commentary We recommend amending clause 2, so that these provisions would commence as soon as the bill receives the Royal assent.
This would allow landlords to begin work promptly.

Making sure landlords do not install unsatisfactory insulation products We support the bill’s intent to gradually phase in the insulation requirements.

Land- lords need time to check their properties and to install the insulation.

In the meantime, it is sensible to prevent landlords from installing insulation products that are considered to be unsatisfactory.

To this end, we recommend several amend- ments to clauses 13 and 17.
These amendments would bring into force, from 1 July 2016, the requirements about what insulation should not be used.

This is in contrast to the other insulation requirements, which would come into force by July 2019 for ten- ancies that are not income-related rent tenancies.

Insulation details required in tenancy agreements Clause 6 relates to the information that landlords and tenants must include in tenancy agreements.
Clause 6(3) would require a landlord to describe details of the insulation installed at a property.

Omitting this information would be an unlawful act.

For buildings where insulation details are unknown, this provision could require land- lords to make invasive investigations into the walls, floors, or ceilings.

We consider that this requirement is too onerous and that, in some places, such investigations could be unsafe.
We recommend amending clause 6(3) to insert new subsections (1AB) and (1AC) in- to section 13A.

This would allow landlords to state that, despite making all reason- able efforts, they have not been able to satisfy themselves of the extent of insulation.

We also recommend other amendments to clause 6(3), to require that the insulation information be provided in the form of a statement, signed by the landlord, within the tenancy agreement.
Our amendments would also make it clearer what details must be included in the statement.

Regulation-making powers Clauses 37 and 38 would allow regulations to be made about, respectively, smoke alarms and insulation.

Tenants should change smoke alarm batteries Although landlords should install smoke alarms and replace them when they break, it would be more practical for tenants to be responsible for replacing batteries.
Howev- er, the regulation-making powers in clause 37, new section 138A, do not allow any requirements to be imposed on tenants.

We recommend amending new section 138A(1) and (2) to include such powers and inserting new subsection (4) to limit tenants’ responsibilities solely to replacing worn- Commentary Residential Tenancies Amendment Bill 5 out batteries.

We also recommend inserting new clause 11A to make complying with these regulations a tenant’s obligation.
New clause 17A would make it an obligation for boarding house tenants.

Varieties of insulation In some properties, materials in addition to standard insulation may be required to en- sure that insulation performs well.

For example, in houses where there are issues with dampness, ground vapour barriers may be the best intervention to help prevent rising damp.

Clause 38 is too narrow to allow for this sort of additional requirement.
We recommend widening clause 38 to allow for regulations about any material or other item related to insulation in the ceilings, floors, or walls.

Enabling electronic records To allow the tribunal’s records to be stored and retrieved electronically, we recom- mend inserting clause 18A to amend section 74 of the Act.

New clause 74(1) would allow records to be kept electronically if approved by the chief executive of the Min- istry of Justice.
New clause 74(3) would allow for people to apply for copies of re- cords online.

Enabling online applications Currently, under section 86(1) of the Act, proceedings must be commenced by filing an application at a tribunal office.

We recommend amending clause 21 by inserting a new subsection to replace section 86(1).

Our proposed new subsection would allow parties to make online applications to the Tenancy Tribunal.

We make a similar recommendation for section 88(5).
Our proposed amendment to clause 23 would replace section 88(5) with new subsections (5) and (5A).

These would allow parties to request electronically that a Tenancy Adjudicator seal an order.

New Zealand Labour Party minority view Labour is supporting the bill but considers it a wasted opportunity to set decent, min- imum standards that would ensure all rental properties are warm and dry.

As many submitters told the committee, insulation without heating only does half the job.
Insu- lating a cold, damp home will not stop it being cold and damp.

We believe the bill should also set a standard for ventilation, and require an affordable, modern, and fixed heating source.

We also believe the three-year phase-in period is excessive.

A discussion paper on the regulations arising from this bill proposes that homes insu- lated to the 1978 standard would not be required to upgrade to the current 2008 stand- ard.
We believe that this is unjustifiable and think that all rental properties should be required to meet the modern standard.

Labour believes the public is ready to support new legislated minimum standards that would make rental housing healthier and put an end to the unacceptable rates of hos- pital admission for children with respiratory and infectious diseases associated with 6 Residential Tenancies Amendment Bill Commentary cold, damp homes.
We believe this bill falls short of what is needed and of what should be done.

Green Party of Aotearoa New Zealand minority view The Green Party acknowledges that this bill is an attempt to improve the condition of New Zealand’s rental housing stock but cannot support it given its inherent weakness- es and ineffectiveness.

There are 1,600 additional winter deaths in New Zealand, due to poor housing conditions.

On average, 15 children will die from conditions related to poor quality housing.
Every one of these lives matters.

Housing legislation should be deliberately designed to reduce the risk of poor quality, cold, damp housing on families and children.

This bill fails to do so.

The bill creates a structure for increasing insulation standards for rental homes.

That is good.

The structure of the legislation may be useful, but the content of the regula- tory standards it authorises is critical to its effectiveness.
The home insulation stand- ards that are intended under this bill are too low to be effective in protecting families, and particularly children’s health, from the impact of cold, damp homes.

We consider that a more comprehensive Warrant of Fitness for housing should have been included in the bill.

A comprehensive Warrant of Fitness could save New Zea- land up to $450 million in health savings, and numerous lives.
A Warrant of Fitness approach was supported by the Auckland Regional Public Health Service, Caritas Aotearoa New Zealand, and many other submitters.

Dr Rus- sell Wills, the Children’s Commissioner, stated “This is not a Warrant of Fitness and it is where the promise to our children is broken”.

He went on to say that “The message is: you are not important enough for us to set a standard for heating for your house and to check to make sure your house is healthy”.
In the absence of a more comprehensive Warrant of Fitness, the bill could have at least required that the minimum insulation standard for all rental homes is the current building code standard, particularly as there is a long lead-in time for landlords.

Re- quiring this standard would have the effect of saving lives from cold, damp housing- related conditions.

However, the bill does not do that and instead neglects the serious- ness of children’s health and wellbeing.
Commentary Residential Tenancies Amendment Bill 7 Appendix Committee process The Residential Tenancies Amendment Bill was referred to the committee on 8 De- cember 2015.

The closing date for submissions was 27 January 2016.

We received and considered 706 submissions from interested groups and individuals.

We heard 57 submissions at hearings of evidence in Wellington and Auckland.

We received advice from the Ministry of Business, Innovation and Employment.
Committee membership Alfred Ngaro (Chairperson) Darroch Ball Matt Doocey Hon Paul Goldsmith Jan Logie Jono Naylor Dr Parmjeet Parmar Maureen Pugh Carmel Sepuloni Phil Twyford Metiria Turei replaced Jan Logie for this item of business.
Residential Tenancies Amendment Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text deleted by a majority Hon Dr Nick Smith Residential Tenancies Amendment Bill Government Bill Contents Page 11A 17A Title Commencement Principal Act Part 1 Tenancy agreements, Tenancy Tribunal, administration, etc Transitional, savings, and related provisions Section 2 amended (Interpretation) New section 2A inserted (Transitional, savings, and related provisions) 2A Section 13A amended (Contents of tenancy agreement) Section 15 amended (Notification of successor to landlord or tenant) Section 16 amended (Change of name or address) Section 16A amended (Landlord must have agent if out of New Zealand for longer than 21 consecutive days) Section 30 amended (Landlord to keep records) Section 38 amended (Quiet enjoyment) Section 40 amended (Tenant’s responsibilities) Section 43 amended (Disposition of landlord’s interest) Section 45 amended (Landlord’s responsibilities) Section 48 amended (Landlord’s right of entry) Section 54 amended (Tribunal may declare retaliatory notice of no effect) Section 61 amended (Abandonment of premises) Section 66I amended (Landlord’s ongoing obligations) Section 66K amended (Obligations of tenant) 109—2 3 3 3 3 4 4 4 5 5 5 6 6 6 6 6 7 8 8 8 8 1 Residential Tenancies Amendment Bill Section 66S amended (Notice of entry) Section 73 amended (Seal of Tribunal) Section 74 amended (Records of Tribunal) Section 76 amended (Tenancy Mediators) Section 77 amended (Jurisdiction of Tribunal) Section 78 amended (Orders of Tribunal) Section 86 amended (Filing of applications) Section 87 amended (Duties of chief executive on receipt of application) Section 88 amended (Functions of Tenancy Mediators) Section 91 amended (Notice of hearing by Tribunal) New section 91AA inserted (Process for determining abandonment applications within 10 working days without hearing) 91AA Process for determining abandonment applications
 within 10 working days without hearing Section 91B replaced (Hearing may proceed even if party not served) Substituted service, etc 91B Section 93 amended (Right of audience) Section 99 amended (Tribunal may require inquiry and report by Tenancy Mediator or suitable person) Section 101 amended (Protection of persons appearing, etc) Section 108 amended (Enforcement of work orders) Section 109 amended (Unlawful acts) Section 114 amended (Powers of entry of Tenancy Mediators) Section 123 amended (General functions and powers of chief executive) New sections 123A to 123E inserted 123A Documents to be retained by landlord and produced to chief executive if required Documents to be produced by tenant to chief executive if required Chief executive’s powers in relation to produced documents Power of entry to inspect premises Tribunal may authorise inspection 123D 123E New sections 124A and 124B inserted Chief executive may take proceedings as if tenant 124A 124B Supplementary provision to section 124A Section 133 amended (Tribunal or chief executive may require terms of tenancy agreement) Section 136 amended (Service of documents) New section 138A inserted (Regulations in respect of smoke alarms) 123B 123C 17B 18 18A 19 19A 26 26A 27 28 29 30 31 32 33 34 35 36 37 2 Residential Tenancies Amendment Bill Part 1 cl 4 38 39 40 Regulations in respect of smoke alarms 138A New section 138B inserted (Regulations in respect of insulation) 138B Regulations in respect of insulation Part 2 Amendments to schedules of principal Act New Schedule 1AA inserted Schedule 1A amended Schedule New Schedule 1AA inserted 20 21 21 22 22 23 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Residential Tenancies Amendment Act 2015.
2 (1) Commencement This Act, except the provisions referred to in subsections (2) and (1A) to (3), comes into force on 1 July 2016.

5 (1A) Sections 3, 5, 14(1A), 17B, 37, 38(1), and 39 and the Schedule come in- to force on the day after the date on which this Act receives the Royal assent.

(2) Sections 6(4), 13(2) and (2A), 17(2), and 38(2) come into force on 1 July 2019.

10 (3) Sections 4(2) and 13(4) come into force on 1 October 2019.
3 Principal Act This Act amends the Residential Tenancies Act 1986 (the principal Act).
Part 1 Tenancy agreements, Tenancy Tribunal, administration, etc 4 (1) Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: income-related rent tenancy means a tenancy, other than a boarding house tenancy,— (a) (b) that commences before 1 July 2016 and in relation to which section 72(1) or 92(1) of the Housing Restructuring and Tenancy Matters Act 1992 applies at the beginning of 1 July 2016; or that commences on or after 1 July 2016 and in relation to which section 72(1) or 92(1) of the Housing Restructuring and Tenancy Matters Act 1992 applies at its commencement 15 20 25 3 Part 1 cl 5 Residential Tenancies Amendment Bill (2) In section 2(1), repeal the definition of income-related rent tenancy (as inser- ted by subsection (1) of this section).
5 New section 2A inserted (Transitional, savings, and related provisions) After section 2, insert: 2A Transitional, savings, and related provisions 5 The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
6 Section 13A amended (Contents of tenancy agreement) (1) After section 13A(1)(a), insert: (aa) (ab) the landlord’s contact mobile telephone number (if any); and 10 the landlord’s contact email address (if any); and (2) After section 13A(1)(b), insert: (ba) the tenant’s contact mobile telephone number (if any); and (bb) the tenant’s contact email address (if any); and (3) After section 13A(1), insert: (1A) The landlord must ensure that the following information about insulation is in- cluded in the tenancy agreement include in the tenancy agreement a statement, made and signed by the landlord, that provides the following information to the tenant (subject to subsections (1AB) and (1AC)): (a) a statement as to whether or not there is insulation installed in connec- tion with any ceilings, floors, or walls that are at the premises as at the date of the tenancy agreement: (b) (c) details of the location, type, and condition of all insulation that is instal- led in connection with any ceilings, floors, or walls that are at the prem- ises (if any) as at the date of the tenancy agreement: if the tenancy is, or will be, an income-related rent tenancy and require- ments in respect of insulation are imposed on the landlord as referred to in section 45(1)(bb), a statement explaining an explanation of how the landlord will comply with those requirements.
(1AB) Subsection (1AC) applies if, despite making all reasonable efforts to do so, the landlord has not been able to obtain some or all of the information required by subsection (1A)(a) or (b) in respect of a particular location (for example, above a ceiling, under a floor, or in a wall).
(1AC) The landlord’s statement under subsection (1A) does not have to provide the information that the landlord has not been able to obtain in respect of the particular location, so long as the statement instead— (a) describes the information that the landlord has not been able to obtain in respect of the particular location; and 15 20 25 30 35 4 Residential Tenancies Amendment Bill Part 1 cl 9 (b) (c) explains why the landlord has not been able to obtain that information; and confirms that the landlord has made all reasonable efforts to obtain that information.
(1AD) The requirement that the landlord’s statement under subsection (1A) be signed by the landlord is in addition to the requirement under section 13(1) that the landlord sign the tenancy agreement.

5 (1AE) The landlord’s statement under subsection (1A) does not affect the land- lord’s other duties in respect of insulation under this Act or otherwise.
(1B) Each of the following is an unlawful act:The landlord commits an unlawful act 10 if— (a) (b) the landlord fails to comply with subsection (1A):; or the landlord includes, or allows to be included, in the tenancy agreement information about insulation that the landlord knows to be false or mis- leading.

(b) the landlord’s statement under subsection (1A) includes anything that the landlord knows to be false or misleading.
(4) Replace section 13A(1A)(c) (as inserted by subsection (3) of this section) with: (c) if requirements in respect of insulation are imposed on the landlord as referred to in section 45(1)(bb) or 66I(1)(bb), a statement explaining an explanation of how the landlord will comply with those requirements.
15 20 7 Section 15 amended (Notification of successor to landlord or tenant) After section 15(1), insert: (1A) For the purposes of subsection (1)(a), the following must be notified with the 25 person’s contact address: (a) (b) the person’s contact mobile telephone number (if any): the person’s contact email address (if any).
8 Section 16 amended (Change of name or address) After section 16(1), insert: (1A) In subsection (1), contact address includes the following: (a) (b) a person’s contact mobile telephone number: a person’s contact email address.
9 Section 16A amended (Landlord must have agent if out of New Zealand for longer than 21 consecutive days) After section 16A(4), insert: 30 35 5 Part 1 cl 10 Residential Tenancies Amendment Bill (4A) For the purposes of subsection (4)(a), the following must be notified with the agent’s contact address: (a) (b) the agent’s contact mobile telephone number (if any): the agent’s contact email address (if any).
10 Section 30 amended (Landlord to keep records) After section 30(1), insert: (1A) The records must be kept for 7 tax years after the tax year to which they relate.

(1B) In subsection (1A), tax year means— (a) the period of 9 months beginning with 1 July 2016 and ending with 31 March 2017; or (b) a later period of 12 months beginning with 1 April and ending with 31 March.
11 Section 38 amended (Quiet enjoyment) After section 38(3), insert: (3A) Without limiting the generality of subsection (3), the landlord commits an un- lawful act under that subsection if the landlord enters the premises purportedly under section 48(2B) without any reasonable cause to believe that the tenant has abandoned the premises.
11A Section 40 amended (Tenant’s responsibilities) After section 40(1)(c), insert: 5 10 15 20 (ca) comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A; and 12 Section 43 amended (Disposition of landlord’s interest) (1) After section 43(1), insert: (1A) The following must also be included in the notice under subsection (1)(a) if 25 known to the landlord: (a) (b) the purchaser’s contact mobile telephone number (if any): the purchaser’s contact email address (if any).
In section 43(2), after “(1)(a)”, insert “or (1A)”.
Section 45 amended (Landlord’s responsibilities) 30 (2) 13 (1) After section 45(1)(b), insert: (ba) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and 6 Residential Tenancies Amendment Bill Part 1 cl 14 (bb) (bc) if the tenancy is an income-related rent tenancy, comply with all require- ments in respect of insulation imposed on the landlord by regulations made under section 138B; and if the tenancy is not an income-related rent tenancy, comply with any re- quirement imposed on the landlord by regulations made under section 138B that provides (generally or in specified circumstances) that insula- tion (or any material or other item related to insulation) of a specified description must not be installed or used; and 5 (2) In section 45(1)(bb) (as inserted by subsection (1) of this section), delete “if the tenancy is an income-related rent tenancy,”.
10 (2A) Repeal section 45(1)(bc) (as inserted by subsection (1) of this section).

(3) After section 45(1A), insert: (1B) The landlord in relation to an income-related rent tenancy that commences on or after 1 July 2016 but before 1 July 2019 is not required to comply with the requirements imposed on the landlord as referred to in subsection (1)(bb) until the 90th day after the date of commencement of the tenancy.
15 (1C) Subsection (1B) does not apply to a requirement that provides (generally or in specified circumstances) that insulation (or any material or other item related to insulation) of a specified description must not be installed or used.

(4) 14 (1) Repeal section 45(1B) and (1C) (as inserted by subsection (3) of this sec- tion).

20 Section 48 amended (Landlord’s right of entry) In section 48(1)(b), replace “subsection (2) or subsection (3)” with “subsec- tions (2) to (3)”.
(1A) After section 48(2)(c), insert: (ca) for the purpose of complying, or preparing to comply, with any require- ments in respect of smoke alarms or insulation imposed, or prospectively imposed, on landlords by regulations made under section 138A or 138B, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or 25 30 (2) After section 48(2), insert: (2A) Subsection (2B) applies if— (a) (b) there is rent that is at least 14 days in arrear; and the landlord has reasonable cause to believe that the tenant has aban- doned the premises.
35 (2B) The landlord may enter the premises for the purpose of confirming whether the tenant has abandoned the premises at any time specified in a notice given to the tenant not less than 24 hours before the intended entry.

7 Part 1 cl 15 Residential Tenancies Amendment Bill (3) (4) 15 (1) In section 48(4)(b), replace “subsection (2) or subsection (3)” with “subsec- tions (2) to (3)”.

In section 48(5), replace “subsection (2) or subsection (3) or subsection (4)” with “subsections (2) to (4)”.
Section 54 amended (Tribunal may declare retaliatory notice of no effect) 5 In section 54(1), replace “14” with “28”.

(2) After section 54(2), insert: (3) The giving of a notice terminating a tenancy is an unlawful act if the notice is declared under subsection (2) to be of no effect.

16 Section 61 amended (Abandonment of premises) After section 61(5), insert: (6) A process for dealing with applications under subsection (1) within 10 working days and without a hearing is set out in section 91AA.
17 Section 66I amended (Landlord’s ongoing obligations) (1) After section 66I(1)(b), insert: (ba) (bb) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and comply with any requirement imposed on the landlord by regulations made under section 138B that provides (generally or in specified cir- cumstances) that insulation (or any material or other item related to insu- lation) of a specified description must not be installed or used; and 10 15 20 (2) AfterReplace section 66I(1)(ba)(bb) (as inserted by subsection (1) of this section), insert with: (bb) comply with all requirements in respect of insulation imposed on the landlord by regulations made under section 138B; and 25 17A Section 66K amended (Obligations of tenant) After section 66K(1)(c), insert: (ca) comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A; and 17B Section 66S amended (Notice of entry) After section 66S(1)(c), insert: (ca) without limiting paragraph (c), to comply, or to prepare to comply, with any requirements in respect of smoke alarms or insulation imposed, or prospectively imposed, on landlords by regulations made under section 138A or 138B: 30 35 8 (1) (1) (2) (3) (3) 19 (1) (1) Residential Tenancies Amendment Bill Part 1 cl 19 18 (1) Section 73 amended (Seal of Tribunal) In section 73(1), delete “, in the custody of each Registrar,”.
(2) After section 73(1), insert: (1A) The seal may be applied to a document physically or electronically.

18A Section 74 amended (Records of Tribunal) Replace section 74(1) with: Registrars must keep the records and papers of the Tribunal in the way (includ- ing by electronic means) approved by the chief executive of the Ministry of Justice.
Replace section 74(3) with: The chief executive of the Ministry of Justice must make arrangements under which a true copy of any record or paper of the Tribunal that is available for public inspection will be provided to any person on— (a) an application made by that person— (i) (ii) to a Registrar; or by any electronic means (for example, through an Internet site) approved by the chief executive of the Ministry of Justice (if the arrangements allow applications to be made by electronic means); and (b) payment by that person of the prescribed fee (if any).
In section 74(4), replace “under the hand of a Tenancy Adjudicator or of” with “by a Tenancy Adjudicator or”.

5 10 15 20 Section 76 amended (Tenancy Mediators) Replace section 76(1) with: The chief executive must, from time to time, appoint Tenancy Mediators for the purposes of this Act.
25 (1A) For the purposes of subsection (1), the chief executive may appoint— 1 or more of the following: (a) (b) (c) natural persons under the State Sector Act 1988; and: natural persons otherwise than under that Act on terms and conditions determined by the chief executive; and: 30 bodies corporate on terms and conditions determined by the chief execu- tive.
(1B) A Tenancy Mediator that is a body corporate must perform or exercise its du- ties, functions, and powers through natural persons who are officers or employ- ees of the body corporate and who are authorised by it for the purposes of this subsection.

35 9 Part 1 cl 19A Residential Tenancies Amendment Bill (2) Repeal section 76(2) and (3).
(3) After section 76(9), insert: (9A) In relation to a Tenancy Mediator that is a body corporate, subsection (9)(b) al- so applies to any officer or employee of the body corporate through whom the body corporate is performing or exercising its duties, functions, and powers in accordance with subsection (1B).
(9B) Subsection (9)(b) does not prevent the following: (a) (b) the chief executive exercising a right under, or otherwise enforcing, the terms and conditions of a Tenancy Mediator’s employment contract or appointment: a Tenancy Mediator that is a body corporate exercising a right under, or otherwise enforcing, the terms and conditions of the appointment or em- ployment contract of any of its officers or employees.

(4) Repeal section 76(11).


19A Section 77 amended (Jurisdiction of Tribunal) In section 77(1), replace “Limitation Act 1950” with “Limitation Act 2010”.
20 Section 78 amended (Orders of Tribunal) After section 78(2), insert: (2AA) Subsection (2) does not apply if the work order, or any part of the work order, relates to any of the following: 5 10 15 20 (a) (b) (c) (d) smoke alarms: insulation: a failure to comply with a standard of fitness or other requirement apply- ing by virtue of section 120C of the Health Act 1956.: a failure to comply with any other requirement relating to health or safe- ty under any enactment.
25 (2AAB) A work order may include a provision authorising the party in whose favour the order is made— (a) to undertake any work covered by the order if— (i) (ii) the order is not complied with by the other party; and the other party has not complied with the alternative money order provided for by subsection (2) (if any); and (b) to charge the cost of undertaking the work (up to the amount specified by the Tribunal) to the other party.
(2AAC) Where any provision is made under subsection (2AAB)— (a) in favour of the landlord, the cost incurred by the landlord in undertak- ing any work in accordance with the provision (up to the amount speci- 30 35 10 Residential Tenancies Amendment Bill Part 1 cl 22 fied by the Tribunal) is treated as rent in arrear and enforceable accord- ingly; or (b) in favour of the tenant, the tenant may set off the cost incurred in under- taking any work in accordance with the provision (up to the amount spe- cified by the Tribunal) against rent payable by the tenant.
5 (2AAD) Without limiting subsection (2AAC)(b), where the tenant becomes au- thorised by any provision made under subsection (2AAB) to undertake any work, the tenant may pay to the chief executive any sum that would otherwise be payable by way of rent, up to the amount specified by the Tribunal, until sufficient has been accumulated to enable the tenant to undertake the work.
(2AAE) Where any sum is paid to the chief executive under subsection (2AAD), the chief executive must give to the tenant a receipt showing the particulars of the payment, and must send a copy of the receipt to the landlord.
(2AAF) Any money paid to the chief executive under subsection (2AAD) must be paid by the chief executive into the Residential Tenancies Trust Account, and must be paid out of that Account by the chief executive to the tenant if the chief executive is satisfied that the money is to be applied by the tenant to meet the cost of the work.

(2AAG) The inclusion in a work order of any provision under subsection (2AAB) does not limit any other rights or remedies of the party in whose favour the order is made.
10 15 20 21 (1) (1) Section 86 amended (Filing of applications) Replace section 86(1) with: Proceedings before the Tribunal are commenced by filing an application in the approved form, with any prescribed fee,— 25 (a) (b) at any office of the Tribunal; or by any electronic means (for example, through an Internet site) approved by the chief executive.
(2) After section 86(2), insert: (2A) The approved form for an application under section 61(1) must (in particular) 30 require the landlord, in the application,— (a) (b) to state whether the landlord wants the application to be dealt with under section 91AA; and to provide specified contact details of the tenant for use by the Tribunal under section 91AA(3), if the landlord wants the application to be dealt with under section 91AA.
35 22 Section 87 amended (Duties of chief executive on receipt of application) (1) After section 87(1), insert: 11 (4) (5) 23 (1) (2) (5) Part 1 cl 23 Residential Tenancies Amendment Bill (1A) Despite subsection (1), an application under section 61(1) must be referred di- rectly to the Tribunal and the chief executive must refer the application to the appropriate Registrar accordingly.
(2) After section 87(3), insert: The chief executive must ensure that a Tenancy Mediator to whom an applica- tion is referred is, and continues during the case to be, independent of each of the parties.

5 If any of the State services is a party, the Tenancy Mediator’s independence cannot be challenged just because the Tenancy Mediator is an officer or em- ployee of any of the State services.
10 Section 88 amended (Functions of Tenancy Mediators) In section 88(4), replace “his or her” with “the Tenancy Mediator’s”.
Replace section 88(5) with: The chief executive and the chief executive of the Ministry of Justice must make arrangements under which an order made by a Tenancy Mediator to give effect to an agreed settlement will be referred to a Tenancy Adjudicator for sealing on an application made by the Tenancy Mediator or a party— (a) (b) to the appropriate Registrar; or by any electronic means (for example, through an Internet site) approved by the chief executive and the chief executive of the Ministry of Justice (if the arrangements allow applications to be made by electronic means).
(5A) The Tenancy Adjudicator must seal a copy of the order, unless subsection (6) applies.

24 Section 91 amended (Notice of hearing by Tribunal) (3) 25 After section 91(2), insert: This section is subject to section 91AA.
New section 91AA inserted (Process for determining abandonment applications within 10 working days without hearing) After section 91, insert: 15 20 25 91AA Process for determining abandonment applications within 10 working 30 days without hearing This section applies if a landlord who files an application under section 61(1) (the abandonment application) in accordance with section 86 states in the abandonment application that the landlord wants the abandonment application to be dealt with under this section.
35 The Tribunal must complete the 2 stages set out in subsections (3) to (6) within 10 working days after the date on which the abandonment application was filed in accordance with section 86.
(1) (2) 12 Residential Tenancies Amendment Bill Part 1 cl 26 Stage 1 (3) The Tribunal must, using the contact details provided by the landlord as re- ferred to in section 86(2A)(b), take reasonable steps to attempt— (a) to bring the abandonment application to the attention of the tenant; and (b) to ascertain whether the tenant wants to contest the abandonment appli- cation.
5 Stage 2 (4) The Tribunal must— (a) (b) decide whether it is satisfied of both of the matters in subsection (5); and 10 if it decides that it is satisfied of both of those matters, determine the abandonment application in the way referred to in subsection (5)(b).
(5) The matters referred to in subsection (4)(a) are as follows: (a) that the tenant does not want to contest the abandonment application: (b) that the information provided by the landlord with the abandonment ap- plication is sufficient on its own, or with only minor clarifications from the landlord, to enable the Tribunal to determine the abandonment appli- cation properly without a hearing and on the basis only of that informa- tion, or of that information with those minor clarifications.
(6) (7) For the purposes of subsection (5)(a), the Tribunal may treat the tenant as not wanting to contest the abandonment application if the tenant does not, within a period determined by the Tribunal, respond to the steps taken by the Tribunal under subsection (3) or respond to those steps in a way required by the Tribunal.
If the Tribunal decides that it is not satisfied of both of the matters in subsec- tion (5), the Tribunal must proceed with the abandonment application in ac- cordance with section 91.
26 Section 91B replaced (Hearing may proceed even if party not served) Replace section 91B with: 91B Substituted service, etc (1) This section applies if— (a) (b) a notice or other document that is required to be served on a party is not served in accordance with this Act; and the Tribunal is satisfied that all reasonable efforts have been made to serve the notice or other document on the party in accordance with this Act.
(2) The Tribunal may— (a) direct— 13 15 20 25 30 35 Part 1 cl 26A Residential Tenancies Amendment Bill (i) (ii) that, instead of service in accordance with this Act, specified steps be taken that are likely to bring the notice or other document to the attention of the party; and that the notice or other document be treated as served on the party on the happening of a specified event or on the expiry of a speci- fied period; or 5 (b) (c) direct that the notice or other document be treated as served on the party on a specified date, if steps have already been taken that have brought, or are likely to bring or to have brought, the notice or other document to the attention of the party; or dispense with the requirement for service and proceed as if the notice or other document had been served on the party in accordance with this Act.
26A Section 93 amended (Right of audience) In section 93(2)(c), after “124”, insert “or 124A”.

27 Section 99 amended (Tribunal may require inquiry and report by Tenancy Mediator or suitable person) After section 99(3), insert: (4) A person appointed under subsection (3) may be a natural person or a body corporate.
28 Section 101 amended (Protection of persons appearing, etc) After section 101(2), insert: (3) 29 (1) (2) 30 (1) In relation to a Tenancy Mediator that is a body corporate, subsection (2)(a) al- so applies to any officer or employee of the body corporate through whom the body corporate is exercising any power or jurisdiction under any of the provi- sions of this Act in accordance with section 76(1B).
Section 108 amended (Enforcement of work orders) In section 108(1)(b) and (2)(b), after “78(2)”, insert “(if any)”.

In section 108(2A), replace “intentionally” with “, without reasonable excuse,”.

Section 109 amended (Unlawful acts) In section 109(3), after “application”, insert “(other than one referred to in sub- section (3A))”.
(2) After section 109(3), insert: (3A) In the case of an application in respect of an unlawful act under section 54(3), the Tribunal may order the landlord to pay a sum in the nature of exem- plary damages if the Tribunal is satisfied that it is just to do so having regard to the matters referred to in subsection (3)(b) to (d).
10 15 20 25 30 35 14 Residential Tenancies Amendment Bill Part 1 cl 33 31 Section 114 amended (Powers of entry of Tenancy Mediators) In section 114(1), after “Mediator”, insert “who is a natural person”.
32 Section 123 amended (General functions and powers of chief executive) After section 123(1)(da), insert: (db) the publication of comments about particular persons who are, or have been, landlords: 5 33 New sections 123A to 123E inserted After section 123, insert: 123A Documents to be retained by landlord and produced to chief executive if required 10 (1) A landlord must retain the following documents during, and for 12 months after the termination of, the tenancy: (a) (b) (c) (d) the tenancy agreement and any variations or renewals of it (or copies): any reports of inspections of the premises carried out by or for the land- lord during the tenancy (or copies): 15 records of any maintenance or repair work carried out at the premises by or for the landlord during the tenancy (or copies): any notices or letters, emails, or other forms of correspondence between the landlord (or a person acting on the landlord’s behalf) and the tenant (or a person acting on the tenant’s behalf) in relation to the tenancy (or copies).
(2) The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)(b) to (d).
(3) A notice under subsection (2)— (a) may be given only if the chief executive reasonably requires the docu- ments for the purposes of the chief executive’s functions or powers under this Act; and (b) may not be given any later than 12 months after the termination of the tenancy; and (c) must specify the way in which the documents must be produced to the chief executive.
(4) A landlord commits an unlawful act if, without reasonable excuse, the landlord fails, within 10 working days after receiving a notice under subsection (2), to produce the documents to the chief executive in the way specified in the notice.
15 20 25 30 35 Part 1 cl 33 Residential Tenancies Amendment Bill 123B Documents to be produced by tenant to chief executive if required (1) The chief executive may by notice in writing require a tenant to produce to the chief executive any specified documents, or any documents of a specified class, that— (a) (b) fall within section 123A(1)(a) to (d); and are in the tenant’s possession or under the tenant’s control.
(2) A notice under subsection (1)— (a) may be given only if the chief executive reasonably requires the docu- ments for the purposes of the chief executive’s functions or powers under this Act; and (b) may not be given any later than 12 months after the termination of the tenancy; and (c) must specify the way in which the documents must be produced to the chief executive.
123C Chief executive’s powers in relation to produced documents If a document is produced to the chief executive under section 123A or 123B, the chief executive may— (a) inspect and make records of the document; and (b) take copies of the document or extracts from it.
123D Power of entry to inspect premises (1) An authorised person may, at any reasonable time, enter any premises that are the subject of a tenancy to inspect the premises, and any fixtures, fittings, and chattels in the premises, if— (a) (b) the inspection is authorised by an order of the Tribunal under section 123E and is carried out in accordance with any conditions set out in that order; and the authorised person gives both the landlord and the tenant at least 24 hours’ written notice of the authorised person’s intention to enter the premises.
(2) A notice under subsection (1)(b) must— (a) (b) (c) (d) state that it is given under this section; and state the address of the premises to which it relates; and state the time at which, and the date on which, the authorised person pro- poses to inspect the premises; and include a copy, sealed with the Tribunal’s seal, of the Tribunal’s order under section 123E.
35 The authorised person’s power to inspect includes the power to do any of the following: (3) 16 Residential Tenancies Amendment Bill Part 1 cl 33 (a) (b) (c) (d) to bring onto, and operate on, the premises any equipment (and to use electricity from the electricity supply at the premises for the purpose of operating the equipment): to take or make photographs, sound or video recordings, measurements, or drawings: 5 to take samples of things for analysis: to test things.
(4) (5) The landlord or the tenant (as the case may be) must provide the authorised person with all assistance that the authorised person reasonably requests from the landlord or the tenant in relation to the inspection, including (for example) assistance reasonably requested for the purpose of enabling the authorised per- son to enter the premises or to access any part of the premises.
Both the landlord and the tenant may accompany, or have a person acting on behalf of the landlord or the tenant accompany, the authorised person while the authorised person is inspecting the premises.

(6) An authorised person who enters any premises under this section must,— (a) on initial entry, produce evidence of the authorised person’s identity; and (b) while subsequently on the premises, produce that evidence to any person who reasonably requests to see it.
(7) In respect of any premises in any defence area (within the meaning of the De- fence Act 1990), an authorised person must exercise the authorised person’s powers under this section subject to any conditions relating to security that the officer in charge of the defence area imposes.
(8) A person commits an offence and is liable on conviction to a fine not exceed- ing $2,000 if the person, without reasonable excuse,— (a) (b) fails to comply with subsection (4); or obstructs or hinders an authorised person in the exercise of the author- ised person’s powers under this section.

Sections 166 and 167 of the Search and Surveillance Act 2012 apply (with any necessary modifications) in relation to the powers of an authorised person under this section.
In this section, authorised person means an officer of the department, or any other person, who is authorised by the chief executive to enter premises under this section.

(9) (10) (11) The chief executive may authorise a person for the purposes of subsection (10) only if the chief executive is satisfied that the person is properly qualified or trained to exercise the powers of an authorised person under this section.
(12) This section does not affect any power or right that a person has apart from this section to enter any premises or to do anything on any premises.

10 15 20 25 30 35 17 Part 1 cl 34 Residential Tenancies Amendment Bill 123E Tribunal may authorise inspection (1) (2) The chief executive may, in relation to a tenancy, apply to the Tribunal for an order authorising an inspection under section 123D.
The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing— 5 (a) (b) that there has been a breach of the tenancy agreement or a breach of this Act in relation to the tenancy; and that the inspection is reasonably necessary for the purposes of the chief executive’s functions or powers under this Act in relation to the breach.
(3) The Tribunal’s authorisation may be given subject to conditions, which must be set out in the order.
10 34 New sections 124A and 124B inserted After section 124, insert: 124A Chief executive may take proceedings as if tenant (1) The chief executive may, if satisfied that it is in the public interest to do so on any of the grounds listed in subsection (2), do any of the following in rela- tion to a tenancy as if the chief executive were the tenant: 15 (a) (b) (c) initiate any civil proceedings in the Tribunal or a court that could be brought by the tenant: assume the conduct of any civil proceedings in the Tribunal or a court brought by the tenant: 20 without limiting the generality of paragraphs (a) and (b), apply to the Tribunal for a work order.
(2) The grounds referred to in subsection (1) are as follows: (a) in the chief executive’s opinion, the condition of the premises, or the condition of any premises in relation to which the landlord is the land- lord under another tenancy, poses a significant risk to the health or safety of any person: (b) (c) in the chief executive’s opinion, the landlord has committed a serious breach of this Act, or has persistently breached this Act, in relation to the tenancy or otherwise: in the chief executive’s opinion, any conduct of the landlord in relation to the tenancy or otherwise risks undermining public confidence in the administration of this Act: 25 30 (d) any other ground that the chief executive considers appropriate.
35 The chief executive may act under subsection (1) without the tenant’s con- sent and despite the tenant’s refusal to consent, and even if the tenancy has ter- minated.
(3) 18 Residential Tenancies Amendment Bill Part 1 cl 34 (4) If the tenancy has terminated,— (a) (b) any application for a work order that is made, or the conduct of which is assumed, by the chief executive must be dealt with (or continue to be dealt with after the termination) as if the tenancy were still in force; and any work order granted on such an application that was made, or the conduct of which was assumed, by the chief executive must be complied with, and may be enforced by the chief executive under section 108(1), despite the tenancy’s termination.
124B Supplementary provision to section 124A (1) The chief executive may not initiate, or assume the conduct of, any proceed- ings under section 124A(1) any later than 12 months after the date on which the chief executive becomes aware of the matters on which the proceedings are based.
5 10 (2) If the chief executive acts under section 124A(1), the following provisions apply in relation to the proceedings in question: 15 (a) (b) (c) (d) (e) (f) the chief executive has the same rights and remedies as the tenant, in- cluding the right to settle the proceedings: the chief executive may do anything in relation to the proceedings that the tenant could do and, as between the chief executive and the tenant, has control of the proceedings: if the proceedings have already commenced, the Tribunal or court must substitute the chief executive for the tenant as a party to the proceedings: any claim that a person has against the tenant must be dealt with in sep- arate proceedings brought by the person against the tenant (and not against the chief executive): any order or judgment may be enforced by the chief executive as if the chief executive were the tenant: any money (excluding costs) recovered by the chief executive must, without any deduction, be paid by the chief executive to the tenant: 20 25 (3) (4) (g) the tenant must reasonably co-operate with the chief executive.
30 In subsection (2)(d), claim means a claim for money, a possession order, a work order, or anything else, whether under the tenancy agreement, this Act, or otherwise.

If a person is the landlord under 2 or more tenancies and the chief executive acts under section 124A(1) in relation to 2 or more of those tenancies, the Tribunal or any court may allow any of the proceedings in question that are be- fore it to be consolidated with 1 or more of any of the other proceedings in question that are before it.
35 19 Part 1 cl 35 Residential Tenancies Amendment Bill (5) Any certificate given by the chief executive relating to the chief executive’s powers under section 124A or this section is, in the absence of proof to the contrary, sufficient evidence of the matters referred to in the certificate.
35 Section 133 amended (Tribunal or chief executive may require terms of tenancy agreement) (1) After section 133(1), insert: (1A) A notice under subsection (1) may require the landlord to produce to the Tribu- nal or the chief executive, in the way specified in the notice, the tenancy agree- ment and any variations or renewals of it (or copies), and the Tribunal or the chief executive may— (a) (b) inspect and make records of any document that is produced; and take copies of the document or extracts from it.
In section 133(2), replace “such a notice” with “a notice under subsection (1)”.

In section 133(2), replace “$400” with “$2,000”.
Section 136 amended (Service of documents) (2) (3) 36 (1) After section 136(1)(b), insert: (ba) if the landlord is a company, it may be sent by post addressed to the landlord at the address of the landlord’s registered office: (2) After section 136(1)(c), insert: (ca) if the landlord is a company, it may be delivered to the landlord’s regis- tered office, and either placed in the mailbox or attached to the door in a prominent position: (3) After section 136(8), insert: (9) Where any document is transmitted by email in accordance with this section after 5 pm on any day, it is to be treated, in the absence of evidence to the con- trary, to have been given or served on the next working day after the date on which it was transmitted.
(10) In proving service of a document transmitted by email, it is sufficient to prove that the email was— (a) (b) properly addressed to the email address in question; and properly transmitted with the document to that email address.
37 New section 138A inserted (Regulations in respect of smoke alarms) After section 138, insert: 138A Regulations in respect of smoke alarms (1) The Governor-General may, by Order in Council, make regulations imposing on landlords or tenants requirements in respect of smoke alarms for the purpo- 35 20 Residential Tenancies Amendment Bill Part 1 cl 38 ses of section 45(1)(ba) or 66I(1)(ba) section 40(1)(ca), 45(1)(ba), 66I(1)(ba), or 66K(1)(ca).
Regulations under this section may do the following: (2) (a) (b) impose different requirements for different descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances: 5 impose requirements on all landlords or tenants or requirements that apply only for particular descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances: (c) impose requirements that are subject to exceptions.
(3) The requirements that may be imposed by regulations under this section in- clude the following (for example): 10 (a) (b) (c) requirements that smoke alarms be installed at premises: requirements about the inspection, maintenance, or replacement of smoke alarms that are installed at premises: requirements about the numbers, locations, condition, types, or technical specifications of smoke alarms that are installed at premises and require- ments about methods of installation.
(4) However, the requirements that may be imposed on tenants by regulations under this section are limited to requirements in respect of the replacement of worn-out batteries contained in smoke alarms.
38 New section 138B inserted (Regulations in respect of insulation) (1) After section 138A (as inserted by section 37 of this Act), insert: 138B Regulations in respect of insulation (1) (2) The Governor-General may, by Order in Council, make regulations imposing on landlords requirements in respect of insulation for the purposes of section 45(1)(bb) or (bc) or 66I(1)(bb).
Regulations under this section may do the following: (a) (b) impose different requirements for different descriptions of landlords, premises, areas in New Zealand, or other circumstances: impose requirements on all landlords or requirements that apply only for particular descriptions of landlords, premises, areas in New Zealand, or other circumstances: (c) impose requirements that are subject to exceptions.
15 20 25 30 (3) The requirements that may be imposed by regulations under this section in- clude the following (for example): 35 (a) requirements that insulation (or any material or other item related to in- sulation) be installed in connection with ceilings, floors, or walls that are at premises: 21 Part 2 cl 39 Residential Tenancies Amendment Bill (b) (c) requirements about the inspection, maintenance, or replacement of insu- lation (or any material or other item related to insulation) that is installed in connection with ceilings, floors, or walls that are at premises: requirements about the quantities, locations, condition, types, or tech- nical specifications of insulation (or any material or other item related to insulation) that is installed in connection with ceilings, floors, or walls that are at premises and requirements about methods of installation.
(2) In section 138B(1) (as inserted by subsection (1) of this section), after “45(1)(bb)”, insert delete “or 66I(1)(bb)or (bc)”.

Part 2 Amendments to schedules of principal Act 39 New Schedule 1AA inserted Insert the Schedule 1AA set out in the Schedule of this Act as the first schedule after the last section of the principal Act.
40 (1) Schedule 1A amended In Schedule 1A, insert in their appropriate numerical order: 13A(1B) 30(2) 48(4)(b) 54(3) 123A(4) (Non-compliance with section 13A(1A), etc) (Landlord failing to keep records) (Tenant failing, without reasonable excuse, to allow landlord to enter upon premises in circumstances where landlord entitled to enter) (Retaliatory notice of termination) (Landlord failing to provide required documents to chief executive) 500 200 1,000 2,0004,000 1,000 5 10 15 (1A) In Schedule 1A, item relating to section 45(1A), after “maintenance,”, insert “smoke alarms, insulation,”.
(1B) In Schedule 1A, item relating to section 45(1A), replace “3,000” with “4,000”.

(1C) In Schedule 1A, item relating to section 66I(4), after “maintenance,”, insert “smoke alarms, insulation,”.

20 (1D) In Schedule 1A, item relating to section 66I(4), replace “3,000” with “4,000”.

(2) In Schedule 1A, item relating to section 108(2A), replace “Intentional breach of work order” with “Breach of work order without reasonable excuse”.
22 Residential Tenancies Amendment Bill Schedule Schedule New Schedule 1AA inserted Schedule 1AA Transitional, savings, and related provisions s 39 5 s 2A Part 1 Provisions relating to Residential Tenancies Amendment Act 2015 1 Interpretation In this Part,— amendment means an amendment to this Act made by a provision of the Amendment Act Amendment Act means the Residential Tenancies Amendment Act 2015 commencement date, in relation to an amendment, means the date on which the provision of the Amendment Act that makes the amendment comes into force.
2 Existing tenancies, etc (1) An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

(1A) Without limiting the generality of subclause (1), an amendment made to a provision referred to in section 90(2) of the Residential Tenancies Amendment Act 2010 amends that provision as it applies in accordance with section 90(1) of that Act.

(2) This clause is subject to clause 3.


10 15 20 3 Application of amendments to sections 13A, 15, 16, 16A, and 43 (contents of tenancy agreement, etc) 25 An amendment made by section 6, 7, 8, 9, or 12 of the Amendment Act ap- plies to a tenancy only if the tenancy agreement is made on or after the com- mencement date.
4 Application of amendment to section 30 (landlord to keep records) 30 The amendment made by section 10 of the Amendment Act does not apply to records in respect of times before the commencement date.

23 Schedule Residential Tenancies Amendment Bill 5 6 7 8 Application of amendments to section 54 (Tribunal may declare retaliatory notice of no effect) An amendment made by section 15 of the Amendment Act applies only if the notice terminating the tenancy is given on or after the commencement date.
Application of amendments to sections 61, 76, 78, 86, 87, 88, 91, 99, 101, and 114 and new section 91AA (abandonment applications, Tenancy Mediators, etc) An amendment made by section 16, 19, 20, 21, 22, 23 23(1), 24, 25, 27, 28, or 31 of the Amendment Act does not apply to proceedings commenced before the Tribunal before the commencement date.
Application of amendments to section 108 and Schedule 1A (enforcement of work orders) An amendment made by section 29(2) or 40(2) of the Amendment Act ap- plies only if the work order is made on or after the commencement date.

Application of new section 123A (documents to be retained by landlord and produced to chief executive if required) (1) The amendment made by section 33 of the Amendment Act applies subject to subclauses (2) and (3) of this clause.
(2) A landlord is not required under section 123A(1)(a) to (d) (as inserted by the amendment) to retain any of the following (or copies of any of the follow- ing): 5 10 15 20 (a) (b) (c) (d) a tenancy agreement, or a variation or renewal of a tenancy agreement, made before the commencement date: reports of inspections carried out before the commencement date: records of maintenance or repair work carried out before the commence- ment date: 25 notices given, or correspondence made letters, emails, or other forms of correspondence sent, before the commencement date.
(3) A notice under section 123A(2) (as inserted by the amendment) may require a landlord to produce to the chief executive any document covered by sub- clause (2)(b) to (d) of this clause that, at the time the landlord receives the notice, is in the landlord’s possession or under the landlord’s control.
Application of amendments to section 133 (Tribunal or chief executive may require terms of tenancy agreement) The amendment made by section 35(1) of the Amendment Act applies to a tenancy agreement, or a variation or renewal of a tenancy agreement, made be- fore the commencement date only if, at the time the landlord receives the no- 9 (1) 24 30 35 Residential Tenancies Amendment Bill Schedule tice under section 133(1), the tenancy agreement or the variation or renewal (or a copy) is in the landlord’s possession or under the landlord’s control.
The amendment made by section 35(3) of the Amendment Act applies only to offences committed on or after the commencement date.

Application of amendments to Schedule 1A (amounts for unlawful acts) 5 The amendments made by section 40(1) of the Amendment Act in relation to sections 30(2) and 48(4)(b) of this Act apply only to unlawful acts that occur on or after the commencement date.
The amendments made by section 40(1B) and (1D) of the Amendment Act apply only to unlawful acts that occur on or after the commencement date.

10 (2) 10 (1) (2) 3 December 2015 8 December 2015 Introduction (Bill 109–1) First reading and referral to Social Services Committee Legislative history Wellington, New Zealand: Published under the authority of the House of Representatives—2016 25