Macindoe Tim: Residential Tenancies Amendment Bill — Third Reading 
Macindoe Tim: Residential Tenancies Amendment Bill — Third Reading 
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TIM MACINDOE (National—Hamilton West) 
: 
 Tena koe Mr Speaker. That was a fairly considered and constructive contribution from the member for Rimutaka. So I begin by acknowledging that and thanking him for making some fairly thoughtful observations. Nevertheless I cannot let him get away with the suggestion that in some respects the Government has been sitting on its heels in respect of this legislation. He is after all a member of the party that as far back as 2004 started talking seriously about the need for changes to the residential tenancies legislation— 
Hon Phil Heatley 
: Talked about it. 
TIM MACINDOE 
:—that is right—and saying there were some really significant flaws in the legislation. Five years later Labour left office and what had it achieved in this area? Positively zip. We certainly heard a lot—Labour said a lot—but it achieved absolutely nothing. So I say to Mr Hipkins that he needs to brush up on his history a little bit before he takes the Government to task. It is certainly fair to comment that this bill has taken just over a year from its introduction to what is very nearly its passage. But it is incredibly complex legislation a very important bill and it is therefore right that we have taken our time. I am delighted that we are now in the final lap. 
I reiterate that there are three main purposes to the bill. The first is to encourage the development of a rental market that provides stable quality housing to those who rent their homes. The second is that it will enable landlords to manage their properties more effectively. The third is that it clarifies and appropriately balances tenant and landlord rights and obligations. That is not an easy task. It was important that we took our time to get it right and I am confident that we have. 
By and large it is fair to say that the bill has enjoyed cross-party support in a very constructive progression through the select committee process and I thank everybody involved in that. As the Minister commented when he spoke on the bill on previous days and as other speakers have said it is a very very important bill that affects literally hundreds of thousands of New Zealanders. It was important that we did the job thoroughly did not rush it and took our time to address the significant changes that have occurred in nearly a quarter of a century since the Residential Tenancies Act came into force back in 1986. I am not sure whether the previous speaker Mr Hipkins was even on this planet at that time but I am sure that if he had been he would recognise huge changes in the quarter of a century since. 
The bill has received very careful and thorough consideration from the departmental officials who have guided our deliberations as it passed through the Social Services Committee. I thank those officials and acknowledge the good job they have done. We are all clearly in their debt. They have given us very good advice at every stage along the process and they have taken on board the many submissions we received and have incorporated them to make sure the bill is a really balanced piece of legislation. 
I also pay tribute to Katrina Shanks the chair of the Social Services Committee who has provided very fair and able leadership in this and indeed in all measures since she became the chair. She is doing a very fine job and she deserves praise for her commitment and for the intelligent approach she is bringing to that responsibility. I also acknowledge the contributions of my select committee colleagues on all sides of the House for their collective efforts to get this bill right. 
As I have mentioned literally hundreds of thousands of New Zealanders are affected by the provisions of this legislation and as we go further on through the years more and more New Zealanders will come into that category. They will all depend on the legislation to deliver fairness and encourage adequate and ethical investment in New Zealand’s residential property market. 
Our landlords need to have confidence that they will receive fair rates of return if they invest in rental properties and that they will have adequate protection against that small minority of tenants who abuse their property and fail to meet their obligations. As the previous speaker has said all electorate members of Parliament are aware of a few cases of that type and it is very distressing for landlords when they find themselves in that position. 
Similarly tenants need to have the security of knowing that they will receive a fair deal that their rights are enshrined in law and will be respected and that they will have affordable and accessible remedies if their rights are abused. That is why the bill provides for access to advice information and dispute resolution services. It is why the responsibilities of landlords and tenants for various outgoings such as rates and water charges are clarified. Again this is an area where things have changed considerably in the last quarter of a century and we needed to ensure that the Act was updated to come into line with contemporary conditions. The bill includes measures to facilitate speedy and cost-effective adjudications of tenancy disputes and I thought I might just note how significant those changes are. 
The bill increases the Tenancy Tribunal’s monetary jurisdiction from $12000 to $50000. It increases the monetary threshold on the automatic right to use legal representation from $3000 to $6000 to ensure that legal representation is used only when it is justified. One of the features of the Tenancy Tribunal has always been that it is accessible and by and large does not require representation for the parties involved. The bill also requires the tribunal to order the other party to a dispute where that is the only way of trying to bring things to a head and to compensate the applicant for the filing fee if the applicant’s claim is upheld in full or partially by the tribunal and if in the opinion of the tribunal it would be reasonable to make such an order. I am pleased to see that additional discretion coming into place. 
The bill also improves the enforceability of tribunal orders by giving the tribunal jurisdiction to make an order against a guarantor of a party to a tenancy agreement. It allows a party to recover reasonable private debt collection costs associated with enforcing a tribunal order and it assists tribunal creditors to locate debtors by facilitating the release of address information held by Government agencies to the District Court. 
As I said there are some very significant changes here. Several speakers have noted that a major initiative of this bill is the provision of protection for boarding house tenants who were previously outside the scope of our tenancy legislation. I echo the concern of others that those New Zealanders have been vulnerable to exploitation and abuse and it is good to see them gaining some security and an acknowledgment of their rights under this bill. 
I have been proud to contribute to the deliberations of the select committee and the House on this bill. I congratulate the Minister Phil Heatley on his successful stewardship of this bill through to its third reading. It is a very significant bill and a very significant achievement for a determined and effective Minister. He will certainly be remembered for this in years to come—not that I am suggesting he is going anywhere—and it is another significant step along the road for a focused and effective Government which is delivering real gains for New Zealanders and improvements to our social and economic welfare and infrastructure. I am proud to have played a small part in that outcome. 
Bill read a third time.