Healthy Homes Guarantee Act 2017

1: Title
This Act is the Healthy Homes Guarantee Act 2017.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: sections 3 8(1) Schedule the Schedule Schedule 1AA
b: section 8(2) and (3)
2: The rest of this Act comes into force on 1 July 2019.
3: Principal Act
This Act amends the Residential Tenancies Act 1986 principal Act 2017-12-05 Residential Tenancies Act 1986 Section 8(1) (only re Schedule 1AA; see s 2(1)﻿(a)) 2019-07-01 Residential Tenancies Act 1986 rest of the Act
4: Section 13A amended (Contents of tenancy agreement)
1: Repeal section 13A(1A)﻿(c)
2: After section 13A(1C)
1CA: The landlord must also include in the tenancy agreement a statement, made and signed by the landlord,—
a: that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)﻿(bb) or 66I(1)﻿(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
1CB: If there is a written variation or renewal of the tenancy agreement in accordance with section 13B(1), the landlord must include in the written variation or renewal a statement, made and signed by the landlord,—
a: that, on and after the time when the variation or renewal takes effect, the landlord will comply with the healthy homes standards as required by section 45(1)﻿(bb) or 66I(1)﻿(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
3: In section 13A(1D) subsection (1A) or (1CA)
4: After section 13A(1D)
1DA: The requirement that the landlord’s statement under subsection (1CB)
5: Replace section 13A(1E)
1E: The landlord’s statement under subsection (1A), (1CA), or (1CB)
6: In section 13A(1F)﻿(a) and (b) subsection (1A) , (1CA), or (1CB)
5: Section 45 amended (Landlord's responsibilities)
1: Replace section 45(1)﻿(bb)
bb: comply with the healthy homes standards; and
2: Repeal section 45(1)﻿(bc), (1B), and (1C)
6: Section 138B replaced (Regulations in respect of insulation)
Replace section 138B
138B: Healthy homes standards
1: The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards section 45(1)﻿(bb) or 66I(1)﻿(bb)
2: The healthy homes standards may include any of the following:
a: standards about the indoor temperatures that must be capable of being achieved in the premises:
b: standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)﻿(i) to (vii)
c: standards imposing requirements in relation to any of the following:
i: heating:
ii: insulation:
iii: ventilation:
iv: moisture ingress:
v: draught stopping:
vi: drainage:
vii: any material or other thing relating to a thing referred to in subparagraphs (i) to (vi)
3: The requirements that may be imposed by standards under subsection (2)﻿(c)
a: requirements that things be installed or provided at the premises:
b: requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:
c: requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.
4: Regulations under subsection (1)
a: specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):
b: include exceptions to standards.
5: The Governor-General may, by Order in Council, make regulations—
a: prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)﻿(b) or (1CB)﻿(b)
b: prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)﻿(ca)
6: Regulations under this section may—
a: make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:
b: make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.
7: In this section, premises
138C: Powers to make regulations under sections 138A and 138B not limited by other enactments
To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A or 138B
7: Schedule 1A amended
1: In Schedule 1A 13A(1A), 13A(1A), (1CA), or (1CB)
2: In Schedule 1A This table is small in size and has 3 columns. This table amends Schedule 1A of the Residential Tenancies Act 1986 and should be read with that table to provide understanding of the context. 45(1A) (Landlord’s failure to meet obligations in respect of cleanliness, maintenance, smoke alarms, the healthy homes standards, or buildings, health, and safety requirements) 4,000
8: Related and consequential amendments
1: Amend the principal Act as set out in the Schedule
2: Subsection (3) Residential Tenancies Amendment Act 2016
3: Repeal sections 2(3) and (4) 4(2) 6(4) 14(2), (3), and (5) 18(2) 44(2) 2017-12-05 Residential Tenancies Amendment Act 2016 Section 8(2) & (3) (see s 2(1)﻿(b))