Section 109 — Residential Tenancies Act 1986: Unlawful acts

109 Unlawful acts (1) A landlord or a tenant, or the chief executive acting on behalf of a landlord or a tenant, or the chief executive acting as the person responsible for the general administration of this Act, may apply to the Tribunal for an order requiring any other person to pay to the applicant an amount in the nature of exemplary damages on the ground that that other person has committed an unlawful act. (2) No application may be made under subsection (1) of this section later than— (a) 12 months after the termination of the tenancy in the case of— (i) An unlawful act to which section 19(2) of this Act refers; or (ii) A failure to keep records in respect of bonds that is an unlawful act to which section 30(2) of this Act refers; or (b) 12 months after the date of commission of the unlawful act in the case of any other unlawful act. (3) If, on such an application, the Tribunal is satisfied that the person against whom the order is sought committed the unlawful act intentionally, and that, having regard to— (a) The intent of that person in committing the unlawful act; and (b) The effect of the unlawful act; and (c) The interests of the landlord or the tenant against whom the unlawful act was committed; and (d) The public interest,—

it would be just to require the person against whom the order is sought to pay a sum in the nature of exemplary damages, the Tribunal may make an order accordingly. (4) The maximum amount that a person may be ordered to pay under this section shall be as follows: (a) In the case of any unlawful act to which section 12(1) of this Act refers, $3,000: (b) In the case of any unlawful act to which section 33(2) or section 38(3) of this Act refers, $1,500: (c) In the case of any unlawful act to which section 17(3) or section 18(4) or section 19(2) or section 23(4) or section 46(3) or section 48(4) or section 137(2) of this Act refers, $750: (d) In the case of any unlawful act to which section 27(2) or section 29(5) or section 30(2) of this Act refers, $150. (5) Any amount ordered by the Tribunal to be paid under this section on the application of a landlord or a tenant, or on the application of the chief executive acting on behalf of a landlord or a tenant, shall be paid to that landlord or that tenant, and shall be in addition to any sum payable to that landlord or that tenant by way of compensation in respect of the unlawful act. (6) Any amount ordered by the Tribunal to be paid under this section on the application of the chief executive acting as the person responsible for the general administration of this Act shall be paid to the Crown. (7) Notwithstanding subsection (5) of this section and section 124(4)(d) of this Act, if the chief executive is acting under section 124(3)(b) of this Act, any amount ordered by the Tribunal to be paid under this section on the application of the chief executive shall be paid to the chief executive and retained by the Crown. Subsection (1) was amended, as from 18 August 1992, by section 10(1) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” in each case where those words occurred. Subsection (2) was substituted, as from 1 May 1996, by section 43(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (4) was substituted, as from 1 May 1996, by section 43(2) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (5) was amended, as from 18 August 1992, by section 10(1) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” in each case where those words occurred. Subsection (6) was substituted, as from 18 August 1992, by section 10(3) Residential Tenancies Amendment Act 1992 (1992 No 79). Subsection (7) was inserted, as from 1 May 1996, by section 43(3) Residential Tenancies Amendment Act 1996 (1996 No 7).