New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  Accommodation broker means a person who, in the ordinary course of business, otherwise than as a solicitor or a real estate agent acting on behalf of clients, informs other persons for fee or reward—

  • (a) Of residential premises that are or may be available for letting; or

  • (b) Of the names, addresses, or telephone numbers of persons who are or may be the proprietors or occupiers of residential premises that are or may be available for letting; or

  • (c) Of the names, addresses, or telephone numbers of persons who wish or may wish to become tenants of residential premises:

  Address for service means the address given by the landlord or tenant under this Act as the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the landlord or tenant, as the case may be

  Address for service: this definition was inserted, as from 1 May 1996, by section 2(1) Residential Tenancies Amendment Act 1996 (1996 No 7).

  Adult means a person who has attained the age of 18 years, or who is under that age but is or has been married or in a civil union

  adult: this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by adding the words “or in a civil union”.

  Agent, in relation to any person who is a landlord or a tenant, means an agent of that person in that person's capacity as landlord or tenant; and includes an employee of that person in that person's capacity as landlord or tenant

  Application, in relation to the Tribunal, includes—

  • (a) An application made jointly by the landlord and the tenant of any premises; and

  • (b) Any complaint by the landlord against the tenant or by the tenant against the landlord; and

  • (c) Any claim by the landlord against the tenant or by the tenant against the landlord:

  • (d) Any complaint by the chief executive alleging a breach of this Act:

  • (e) Any other application that may be made to the Tribunal by virtue of any of the provisions of this Act or of any regulations made under this Act:

  Application: paragraph (d) of this definition was amended, as from 18 August 1992, by section 2(1) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “chief executive” for the words “Director-General”.

  Bailiff means a bailiff of a District Court

  Bond means any sum of money payable or paid under a tenancy agreement as security for the observance and performance of the tenant's obligations under the agreement and this Act; but does not include any sum payable or paid by way of rent

  Chief executive means the chief executive of the Ministry of Housing

  Chief executive: this definition was inserted, as from 18 August 1992, by section 2(2) Residential Tenancies Amendment Act 1992 (1992 No 79).

  Commercial premises means premises that are not residential premises

  Contact address,—

  • (a) In relation to a landlord, means an address or addresses (which may include telephone numbers) where the landlord or the landlord's agent is reasonably contactable by the tenant; and in addition

  • (b) In relation to a landlord that is a company, includes (if the information is different from that given under paragraph (a) of this definition)—

    • (i) The full name of the officer responsible to the company for the administration of the tenancy; and

    • (ii) An address or addresses (which may include telephone numbers) where that officer or the landlord's agent is reasonably contactable by the tenant; and

    • (iii) The address of the company's registered office:

  Contact address: this definition was inserted, as from 1 May 1996, by section 2(2) Residential Tenancies Amendment Act 1996 (1996 No 7).

  Corporation

  [Repealed]

  Corporation: this definition was repealed, as from 18 August 1992, by section 2(3) Residential Tenancies Amendment Act 1992 (1992 No 79).

  Deputy Principal Tenancy Adjudicator means the Deputy Principal Tenancy Adjudicator appointed under section 67(2A) of this Act:

  Deputy Principal Tenancy Adjudicator: this definition was amended, as from 1 May 1996, by section 2(3) Residential Tenancies Amendment Act 1996 (1996 No 7) by substituting the expression “section 67(2A)” for the expression “section 67(2)(b)”.

  Director-General

  [Repealed]

  Director-General: this definition was repealed, as from 18 August 1992, by section 2(3) Residential Tenancies Amendment Act 1992 (1992 No 79).

  Ethical belief means the absence of a religious belief whether in respect of a particular religion or religions or all religions

  Ethnic or national origins includes nationality and citizenship

  Facilities, in relation to a tenancy agreement, includes all facilities provided by the landlord for the use and enjoyment of the tenant, otherwise than as part of the premises that are the subject of the agreement, such as the following

  • (a) Any land or buildings intended for use for storage space or for the parking of motor vehicles:

  • (b) Laundry facilities:

  • (c) Cooking facilities:

  • (d) Lifts and stairways:

  • (e) Rubbish storage and rubbish disposal facilities:

  • (f) Toilet and washing facilities:

  • (g) Appliances for heating or cooling premises:

  • (h) Communication facilities:

  • (i) Recreational areas:

  • (j) Lawns, gardens, and outhouses:

  Fixed-term tenancy means a tenancy for a fixed term; but, except as provided in section 7(3) of this Act, does not include such a tenancy that is terminable by notice

  The Fund means the Residential Tenancies Fund established by section 127 of this Act

  Goods means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value

  Key money means any sum of money demanded by way of fine, premium, foregift, reimbursement of expenses, administration charges, or otherwise as consideration for the grant, continuance, extension, variation, or renewal of a tenancy agreement, or for consent to the surrender or disposition of the tenant's interest under a tenancy agreement or to a subletting by the tenant; but does not include any sum payable or paid by way of rent or bond

  Key money: this definition was amended, as from 1 May 1996, by section 2(5) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the words “reimbursement of expenses, administration charges,”.

  Landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes—

  • (a) A prospective landlord; and

  • (b) A former landlord; and

  • (c) A lawful successor in title of a landlord to the premises; and

  • (d) The personal representative of a deceased landlord; and

  • (e) An agent of a landlord:

  Member of the landlord's family means any of the following

  • (a) the landlord's spouse or civil union partner:

  • (b) the landlord's de facto partner:

  • (c) Any child of the landlord or of any person referred to in paragraph (a) or paragraph (b) of this definition:

  • (d) Any other child who is being, or is to be, cared for on a continuous basis by the landlord or any person referred to in paragraph (a) or paragraph (b) of this definition:

  • (e) Any parent of the landlord or of any person referred to in paragraph (a) or paragraph (b) of this definition:

  • (f) Any other person who is related (whether by blood or marriage) to the landlord or to any person referred to in paragraph (a) or paragraph (b) of this definition and is residing, or is to reside, in the landlord's premises in accordance with an arrangement between that person and the landlord of a predominantly domestic or family nature rather than a predominantly commercial nature:

  member of the landlord's family: paragraphs (a) and (b) of this definition were substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

  Minister means the Minister of Housing

  Ministry means the Ministry of Housing

  Ministry: this definition was inserted, as from 18 August 1992, by section 2(2) Residential Tenancies Amendment Act 1992 (1992 No 79).

  Minor means any person who is not an adult

  Officer of the Tribunal means an officer of the Department for Courts, or of the Ministry, who is for the time being acting in the service of the Tribunal; and includes a Tenancy Mediator

  Officer of the Tribunal: this definition was amended, as from 18 August 1992, by section 2(4) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the word “Ministry” for the word “Corporation”.

  Officer of the tribunal: this definition was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Department for Courts” for the words “Department of Justice”.

  Order, in relation to the Tribunal, means any order, decision, determination, consent, approval, or ruling given or made by the Tribunal; and includes an order by the Tribunal dismissing an application

  Periodic tenancy means a residential tenancy other than a fixed-term tenancy

  Possession order means an order made by the Tribunal under section 64 or section 65 of this Act granting possession of any premises to any person named in the order

  Premises includes—

  • (a) Any part of any premises; and

  • (b) Any land and appurtenances, other than facilities; and

  • (c) Any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land:

  Prescribed means prescribed by this Act or by regulations made under this Act

  Principal Tenancy Adjudicator means the Principal Tenancy Adjudicator appointed under section 67(2)(a) of this Act

  Prospective landlord means a person who has offered to grant a tenancy to any other person, or who has entered into negotiations with any other person for the granting of a tenancy to that other person

  Prospective tenant means a person to whom any other person has offered to grant a tenancy, or with whom any other person has entered into negotiations for the granting of a tenancy to that person

  Protected tenancy

  [Repealed]

  Protected tenancy: this definition was repealed, as from 1 May 1996, by section 2(5) Residential Tenancies Amendment Act 1996 (1996 No 7).

  Registrar, in relation to the Tribunal, means a Registrar of the Tribunal appointed under section 72 of this Act; and includes a Deputy Registrar of the District Court who, by virtue of section 14(3) of the District Courts Act 1947, is acting in the place of the Registrar

  Rent means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond

  Residential premises means any premises used or intended for occupation by any person as a place of residence

  Service tenancy means a tenancy granted pursuant to a term of, or otherwise as an incident of, a contract of service between the landlord as employer and the tenant as employee, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not any rent is payable for the tenancy; and includes—

  • (a) Any such tenancy granted pursuant to or in accordance with any enactment; and

  • (b) Any such tenancy granted by one company to an employee of an associated company (within the meaning of subsection (2) of this section); and

  • (c) Any tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971:

  Tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy

  Tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement

  Tenancy Mediator means a Tenancy Mediator appointed under section 76 of this Act

  Tenancy mediator: this definition was amended, as from 1 May 1996, by section 2(6) Residential Tenancies Amendment Act 1996 (1996 No 7) by omitting the words “; and includes the Principal Tenancy Mediator appointed under that section”.

  Tenancy Officer means a Tenancy Officer appointed under section 75 of this Act

  Tenant, in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement; and, where appropriate, includes—

  • (a) A prospective tenant; and

  • (b) A former tenant; and

  • (c) A lawful successor in title of a tenant to the premises; and

  • (d) The personal representative of a deceased tenant; and

  • (e) An agent of a tenant:

  Tribunal means the Tenancy Tribunal constituted by section 67 of this Act

  Unlawful act means anything declared by any of the provisions of this Act to be an unlawful act

  Witness summons means a summons issued under section 98 of this Act requiring the person named in the summons to attend at a specified time and place and to give evidence or to produce any document or thing

  Work order means an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order

  Working day means any day other than—

  • (a) A Saturday or Sunday; and

  • (b) The Sovereign's Birthday, Anzac Day, Labour Day, and Waitangi Day; and

  • (c) The day observed in the appropriate area as the anniversary of the province of which the area forms part; and

  • (d) A day in the period commencing with Good Friday and expiring with the Tuesday after Easter; and

  • (e) A day in the period commencing with the 24th day of December and expiring with the 3rd day of January.

  (2) For the purposes of paragraph (b) of the definition of the term service tenancy in subsection (1) of this section, two companies are associated if one is the wholly or partly owned subsidiary of the other.

  (3) For the purposes of this Act, where any premises that are subject to a legal or an equitable lease are used for both commercial and residential purposes, the premises shall be deemed to be residential premises unless it is proved that the premises were let principally for purposes other than residential purposes.

  Compare: 1952 No 51 s 104A; 1955 No 50 s 2; 1973 No 26 s 2; 1975 No 36 s 4; Residential Tenancies Act 1978–1981 (South Australia), s 5