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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

109A: Tribunal may restrain further commissions of unlawful acts

You could also call this:

“The court can stop someone from doing bad things again for up to 6 years if they break the rules.”

If the Tribunal decides that someone has done something against the law, they can make an order to stop that person from doing the same thing again. This is called restraining the person. The Tribunal can do this if they think it’s good for the public.

The Tribunal can decide to restrain someone on their own, or because the person who complained about the unlawful act asks them to. They can only restrain the person for up to 6 years.

If someone breaks this restraining order on purpose, they are breaking the law. If they are found guilty of breaking the order, they might have to pay a fine of up to $3,600.

The Tribunal can make this kind of order after they have already made a decision about the unlawful act under section 109.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3285731.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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109: Unlawful acts, or

“People can ask for money if someone breaks the tenancy rules on purpose”

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109B: Tribunal may make pecuniary penalty orders, or

“The court can order big landlords to pay money if they break important rules on purpose.”

Part 3 The Tenancy Tribunal
Enforcement and offences

109ATribunal may restrain further commissions of unlawful acts

  1. If the Tribunal makes an order against a person under section 109 on the ground that the person has committed an unlawful act, the Tribunal may, if satisfied that it is in the public interest to do so, make an order restraining the person from committing a further act of the same kind.

  2. The Tribunal may make an order under subsection (1) on its own initiative or on the application of the applicant who applied for the order, under section 109, against the person sought to be restrained.

  3. The Tribunal must specify the term of the order, which may not exceed 6 years.

  4. Every person commits an offence who, being subject to an order under this section, intentionally contravenes the order.

  5. A person who commits an offence against subsection (4) is liable on conviction to a fine not exceeding $3,600.

Notes
  • Section 109A: inserted, on , by section 72 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
  • Section 109A(5): amended, on , by section 58 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 109A(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).