Residential Tenancies Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 90 — Tenancy Mediator to observe confidentiality
90 Tenancy Mediator to observe confidentiality (1) Every Tenancy Mediator commits an offence and is liable to a fine not exceeding $500 who discloses to any other person any information or statement…
Section 91 — Notice of hearing by Tribunal
91 Notice of hearing by Tribunal (1) Where any application is referred to, or directed to be reconsidered and determined by, the Tribunal under section 87 or section 88 of this Act, the Tribunal…
Section 92 — Non-attendance at hearing after due notice
92 Non-attendance at hearing after due notice Where notice of a hearing has been given to a party in accordance with section 91 of this Act and that party does not attend at the hearing, the Tribunal…
Section 93 — Right of audience
93 Right of audience (1) At any hearing before the Tribunal, every party shall be entitled to attend and be heard, to call evidence, and to examine, cross-examine, and re-examine witnesses. (2)…
Section 94 — Minors and persons under disability
94 Minors and persons under disability (1) Subject to this section, a minor may be a party to, and shall be bound by, proceedings before the Tribunal as if the minor were a person of full age and…
Section 95 — Proceedings usually to be in public
95 Proceedings usually to be in public (1) Except as provided in subsection (2) of this section, the proceedings of the Tribunal shall be conducted in public. (2) The Tribunal may, on the application…
Section 96 — Further provisions relating to procedure generally
96 Further provisions relating to procedure generally (1) The Tribunal may adjourn a hearing at any time and from time to time and place to place, upon the application of either party to the…
Section 97 — Evidence
97 Evidence (1) The Tribunal shall not have the power to administer an oath but may require a person giving evidence at a hearing to make a statement promising to tell the truth. (2) Where a witness…
Section 98 — Witness summons
98 Witness summons (1) For the purposes of a hearing before the Tribunal, the Tribunal may of its own motion, and shall on the application of any party to the proceedings, issue in writing a witness…
Section 98A — Other witness expenses
98A Other witness expenses (1) The Tribunal may order that a witness attending a hearing of the Tribunal (other than a witness attending pursuant to a witness summons) shall be entitled to a sum for…
Section 99 — Tribunal may require inquiry and report by Tenancy Mediator
99 Tribunal may require inquiry and report by Tenancy Mediator (1) The Tribunal may, at any stage of any proceedings before it, require a Tenancy Mediator (not being one who has acted in any…
Section 100 — Tenancy Mediator or Tribunal may require valuer's report in certain proceedings
100 Tenancy Mediator or Tribunal may require valuer's report in certain proceedings (1) A Tenancy Mediator or the Tribunal may, at any stage of any proceedings under section 25 of this Act, require…
Section 101 — Protection of persons appearing, etc
101 Protection of persons appearing, etc (1) All parties, counsel, representatives, and witnesses in any proceedings before the Tribunal shall have and enjoy the same privileges and immunities as…
Section 102 — Costs
102 Costs (1) Except in a case to which subsection (2) of this section applies, the Tribunal shall have no power to award costs to or against any party to proceedings before it. (2) The Tribunal may…
Section 103 — Reference of questions of law to High Court
103 Reference of questions of law to High Court The Tribunal may state a case for the opinion of the High Court on any question as to the jurisdiction of the Tribunal or on any question of law…
Section 104 — Decision of Tribunal
104 Decision of Tribunal (1) The Tribunal shall give its final decision in any proceedings, together with its reasons for the decision, in writing. (2) The Tribunal shall provide both parties to the…
Section 105 — Rehearings
105 Rehearings (1) The Tribunal shall in all proceedings have the power to order a rehearing of the whole or any part of the proceedings on the ground that a substantial wrong or miscarriage of…
Section 106 — Enforcement of possession orders
106 Enforcement of possession orders (1) Every possession order shall, on being filed in the appropriate District Court, have effect as if it were a warrant for the recovery of the premises issued by…
Section 107 — Enforcement of orders other than possession orders and work orders
107 Enforcement of orders other than possession orders and work orders (1) Every order made by the Tribunal other than a possession order or a work order shall be deemed to be an order of the…
Section 108 — Enforcement of work orders
108 Enforcement of work orders (1) Where— (a) A party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and (b) That other party…
Section 109 — 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…
Section 110 — Failing to answer witness summons
110 Failing to answer witness summons (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, having been summoned to attend to give evidence…
Section 111 — Giving false evidence
111 Giving false evidence Every person commits an offence and is liable on indictment to imprisonment for a term not exceeding 3 years who, after promising to tell the truth pursuant to section 97(2)…
Section 112 — Contempt
112 Contempt (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who— (a) Wilfully assaults, insults, or obstructs a Tenancy Adjudicator, or any…
Section 113 — Tenancy Officers to provide assistance
113 Tenancy Officers to provide assistance Every Tenancy Officer shall ensure that assistance is reasonably available from himself or herself or his or her staff to any person who seeks it in…
Section 114 — Powers of entry of Tenancy Mediators
114 Powers of entry of Tenancy Mediators (1) Subject to the succeeding provisions of this section, every Tenancy Mediator shall, in the performance of his or her functions under section 99(1) of this…
Section 115 — Principal Tenancy Adjudicator may issue practice directions
115 Principal Tenancy Adjudicator may issue practice directions For the purpose of ensuring that the application and administration of this Act is consistent throughout New Zealand, the Principal…
Section 116 — Rules of procedure
116 Rules of procedure (1) The Governor-General may from time to time, by Order in Council, make rules for all or any of the following purposes: (a) Regulating the practice and procedure of the…
Section 117 — Appeal to District Court
117 Appeal to District Court (1) Subject to subsection (2) of this section, any party to any proceedings before the Tribunal who is dissatisfied with the decision of the Tribunal in the proceedings…
Section 118 — Powers of District Court Judge on appeal
118 Powers of District Court Judge on appeal (1) On the hearing of an appeal under section 117 of this Act, a District Court Judge may— (a) Quash the order of the Tribunal and order a rehearing of…
Section 119 — Appeal on questions of law to High Court
119 Appeal on questions of law to High Court (1) Any party to an appeal under section 117 of this Act who is dissatisfied with the decision of the District Court Judge as being erroneous in point of…
Section 120 — Further appeal to Court of Appeal
120 Further appeal to Court of Appeal (1) Any party to an appeal under section 119 of this Act may, with the leave of the High Court or (if that leave is refused) with special leave of the Court of…
Section 121 — Chief executive responsible for administration of Act
121 Chief executive responsible for administration of Act The chief executive is responsible for the general administration of this Act. Section 121 and heading was substituted, as from 18 August…
Section 122 — Director-General may delegate powers
122 Director-General may delegate powers [Repealed] Section 122 was repealed, as from 18 August 1992, by section 12 Residential Tenancies Amendment Act 1992 (1992 No 79).
Section 123 — General functions and powers of chief executive
123 General functions and powers of chief executive (1) For the purposes of this Act, the chief executive may perform and exercise the following functions and powers: (a) The investigation of, and…
Section 124 — Chief executive may take or defend proceedings on behalf of any party
124 Chief executive may take or defend proceedings on behalf of any party (1) Subject to subsection (3) of this section, the chief executive may, on being satisfied that there is a cause of action…
Section 125 — Immunities
125 Immunities No personal liability shall attach to the chief executive or to any delegate of the chief executive for any act or omission by the chief executive or the delegate made in good faith…
Section 126 — Annual report
126 Annual report (1) The chief executive shall, as soon as practicable after the 30th day of June in each year, submit to the Minister a report on the administration of this Act during the year…
Section 127 — Residential Tenancies Trust Account
127 Residential Tenancies Trust Account (1) The following sums shall be deemed to be trust money for the purposes of Part 7 of the Public Finance Act 1989 : (a) All sums paid to the chief executive…
Section 128 — Auditor-General to be auditor of residential tenancies trust account
128 Auditor-General to be auditor of residential tenancies trust account (1) The Residential Tenancies Trust Account is to be treated as a public entity as defined in section 4 of the Public Audit…
Section 129 — Part B of the Fund
129 Part B of the Fund [Repealed] Sections 129 to 131 were repealed, as from 18 August 1992, by section 15 Residential Tenancies Amendment Act 1992 (1992 No 79).
Section 130 — Corporation may make money available
130 Corporation may make money available [Repealed] Sections 129 to 131 were repealed, as from 18 August 1992, by section 15 Residential Tenancies Amendment Act 1992 (1992 No 79).
Section 131 — Corporation may borrow
131 Corporation may borrow [Repealed] Sections 129 to 131 were repealed, as from 18 August 1992, by section 15 Residential Tenancies Amendment Act 1992 (1992 No 79).
Section 132 — No execution
132 No execution No money from time to time standing to the credit of the Residential Tenancies Trust Account shall be taken in or be subject to execution, whether by way of garnishee or otherwise,…
Section 133 — Tribunal or chief executive may require terms of tenancy agreement
133 Tribunal or chief executive may require terms of tenancy agreement (1) The Tribunal or the chief executive may, at any time during the currency of a tenancy agreement or within 12 months after…
Section 134 — Waiver by landlord of breach by tenant
134 Waiver by landlord of breach by tenant A waiver by the landlord of any breach by the tenant, or a failure by the landlord to enforce any obligation by the tenant, shall not,— (a) Where the breach…
Section 134A — Method of payment
134A Method of payment Any amount that is, by virtue of any provision of this Act or of any order of the Tribunal, to be paid to the chief executive shall be paid by such method as may be prescribed…
Section 135 — Recovery of money paid by mistake
135 Recovery of money paid by mistake (1) Subject to subsection (2) of this section, where one party to a tenancy agreement pays any amount to the other party under a mistake of law or fact relating…
Section 136 — Service of documents
136 Service of documents (1) Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or…
Section 137 — Prohibited transactions
137 Prohibited transactions (1) No person shall— (a) Enter into any transaction, or make any contract or arrangement, purporting to do, whether presently or at some future time or upon the happening…