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Residential Tenancies Act 1986

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

“How changes to tenancy rules affect existing agreements”

This schedule outlines transitional and savings provisions for various amendments made to the Residential Tenancies Act 1986. Here are the key points:

The provisions apply to changes made by several amendment acts between 2016 and 2022. They specify how and when the amendments take effect, particularly for existing tenancies.

Generally, amendments apply to all tenancies, whether they started before or after the amendment came into force. However, there are many exceptions, including:

  • New unlawful acts or penalties usually don’t apply to actions before the amendment date.
  • Amendments often don’t apply to proceedings already started before the Tribunal.
  • Some changes to termination notices, rent increases, and fixed-term tenancies don’t apply to agreements made before the amendment date.
  • New requirements for landlords to retain documents may apply to existing documents they already have.

The schedule also covers transitional arrangements for things like healthy homes standards, family violence provisions, and COVID-19 related changes.

Overall, these provisions aim to clarify how the amendments affect existing tenancies and situations, balancing the implementation of new rules with fairness to existing arrangements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6866582.

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1AATransitional, savings, and related provisions

1Provisions relating to Residential Tenancies Amendment Act 2016

1Interpretation

  1. In this Part,—

    amendment means an amendment to this Act made by a provision of the Amendment Act

      Amendment Act means the Residential Tenancies Amendment Act 2016

        commencement date, in relation to an amendment, means the date on which the provision of the Amendment Act that makes the amendment comes into force.

        2Existing tenancies, etc

        1. An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

        2. Without limiting the generality of subclause (1), an amendment made to a provision referred to in section 90(2) of the Residential Tenancies Amendment Act 2010 amends that provision as it applies in accordance with section 90(1) of that Act.

        3. This clause is subject to clause 3.

        3Application of amendments to sections 13A, 15, 16, 16A, and 43 (contents of tenancy agreement, etc)

        1. An amendment made by section 6, 7, 8, 9, or 13 of the Amendment Act applies to a tenancy only if the tenancy agreement is made on or after the commencement date.

        4Application of amendment to section 30 (landlord to keep records)

        1. The amendment made by section 10 of the Amendment Act does not apply to records in respect of times before the commencement date.

        5Application of amendments to section 54 (Tribunal may declare retaliatory notice of no effect)

        1. An amendment made by section 16 of the Amendment Act applies only if the notice terminating the tenancy is given on or after the commencement date.

        6Application of amendments to sections 61, 76, 78, 86, 87, 88, 91, 99, 101, and 114 and new section 91AA (abandonment applications, Tenancy Mediators, etc)

        1. An amendment made by section 17, 23, 25, 26, 27, 28(1), 29, 30, 33, 34, or 37 of the Amendment Act does not apply to proceedings commenced before the Tribunal before the commencement date.

        7Application of amendments to section 108 and Schedule 1A (enforcement of work orders)

        1. An amendment made by section 35(2) or 46(6) of the Amendment Act applies only if the work order is made on or after the commencement date.

        8Application of new section 123A (documents to be retained by landlord and produced to chief executive if required)

        1. The amendment made by section 39 of the Amendment Act applies subject to subclauses (2) and (3) of this clause.

        2. A landlord is not required under section 123A(1)(a) to (d) (as inserted by the amendment) to retain any of the following (or copies of any of the following):

        3. a tenancy agreement, or a variation or renewal of a tenancy agreement, made before the commencement date:
          1. reports of inspections carried out before the commencement date:
            1. records of maintenance or repair work carried out before the commencement date:
              1. notices given, or letters, emails, or other forms of correspondence sent, before the commencement date.

                1. A notice under section 123A(2) (as inserted by the amendment) may require a landlord to produce to the chief executive any document covered by subclause (2)(b) to (d) of this clause that, at the time the landlord receives the notice, is in the landlord’s possession or under the landlord’s control.

                9Application of amendments to section 133 (Tribunal or chief executive may require terms of tenancy agreement)

                1. The amendment made by section 41(1) of the Amendment Act applies to a tenancy agreement, or a variation or renewal of a tenancy agreement, made before the commencement date only if, at the time the landlord receives the notice under section 133(1), the tenancy agreement or the variation or renewal (or a copy) is in the landlord’s possession or under the landlord’s control.

                2. The amendment made by section 41(3) of the Amendment Act applies only to offences committed on or after the commencement date.

                10Application of amendments to Schedule 1A (amounts for unlawful acts)

                1. The amendments made by section 46(1) of the Amendment Act in relation to sections 30(2) and 48(4)(b) of this Act apply only to unlawful acts that occur on or after the commencement date.

                2. The amendments made by section 46(3) and (5) of the Amendment Act apply only to unlawful acts that occur on or after the commencement date.

                2Provisions relating to Healthy Homes Guarantee Act 2017

                11Interpretation

                1. In this Part, HHG Act means the Healthy Homes Guarantee Act 2017.

                12Application of HHG Act

                1. An amendment made by the HHG Act applies to a tenancy whether the tenancy commences before, on, or after the date on which the amendment comes into force.

                2. Subclauses (3) and (4) apply to a tenancy agreement that is made before 1 July 2019.

                3. Section 13A(1CA), as inserted by section 4(2) of the HHG Act, does not apply to the tenancy agreement.

                4. Section 13A(1CB), as inserted by section 4(2) of the HHG Act, applies to the tenancy agreement only if the written variation or renewal is signed by the landlord on or after 1 July 2019.

                5. If a tenancy commences before 1 July 2019, section 45(1)(bb) or 66I(1)(bb), as replaced by section 5(1) or 8(1) of the HHG Act, applies to the landlord only at and after the prescribed time (which may be the beginning of 1 July 2019 but must be no later than the beginning of 1 July 2025).

                6. If a tenancy commences on or after 1 July 2019 but before 1 July 2025, section 45(1)(bb) or 66I(1)(bb), as replaced by section 5(1) or 8(1) of the HHG Act, applies to the landlord only at and after the prescribed time (which may be the commencement of the tenancy but must be no later than the beginning of 1 July 2025).

                7. In subclauses (5) and (6), prescribed means prescribed by, or determined in accordance with, regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act, and regulations under that subsection may include provision as contemplated by this subclause accordingly.

                8. Without limiting subsection (6) of section 138B, as replaced by section 6 of the HHG Act, different times may be prescribed in relation to different standards included in the healthy homes standards.

                9. The following apply before 1 July 2019 as if they were in force:

                10. the definition of healthy homes standards in section 2(1), as inserted by section 8(1) of the HHG Act:
                  1. sections 48(2)(cb) and 66S(1)(cb), as inserted by section 8(1) of the HHG Act:
                    1. the powers to make regulations (including to amend and revoke regulations made) under section 138B, as replaced by section 6 of the HHG Act.

                      1. Sections 48(2)(ca) and 66S(1)(ca), as in force on the date this subclause comes into force, apply before 1 July 2019 in relation to insulation disregarding the HHG Act.

                      Notes
                      • Schedule 1AA clause 12(5): amended, on , by section 4 of the Residential Tenancies (Healthy Homes Standards) Amendment Act 2022 (2022 No 63).
                      • Schedule 1AA clause 12(6): amended, on , by section 4 of the Residential Tenancies (Healthy Homes Standards) Amendment Act 2022 (2022 No 63).

                      13Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016

                      1. Regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act, may—

                      2. revoke the 2016 insulation regulations at the beginning of 1 July 2019; or
                        1. provide for the 2016 insulation regulations to continue in force on and after 1 July 2019, and (as applicable) to come into force on or after that date, as if they had been made under subsection (1) of section 138B, as replaced by section 6 of the HHG Act.

                          1. If provision is made under subclause (1)(b), the 2016 insulation regulations—

                          2. are, accordingly, standards included in the healthy homes standards; and
                            1. may be amended or revoked accordingly by regulations under subsection (1) of section 138B, as replaced by section 6 of the HHG Act.

                              1. In this clause, 2016 insulation regulations means the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 to the extent that those regulations are regulations under section 138B disregarding the HHG Act.

                              Part 3Provision relating to Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018

                              14Application of section 17A (Requiring letting fee prohibited)

                              1. Section 17A does not apply to—

                              2. any fee or charge paid or payable before the date of commencement of that section; or
                                1. any tenancy agreement entered into before that date (whether the tenancy agreement took effect before or takes effect on or after that date); or
                                  1. any assignment or subletting if the landlord consented to the assignment or subletting before that date (whether the assignment or subletting took effect before or takes effect on or after that date); or
                                    1. any amount that is charged in relation to a subletting, if the Tribunal consented to the charge before that date.

                                      4Provisions relating to Residential Tenancies Amendment Act 2019

                                      15Interpretation

                                      1. In this Part,—

                                        2019 Amendment Act means the Residential Tenancies Amendment Act 2019

                                          amendment means an amendment to this Act made by a provision of the 2019 Amendment Act

                                            commencement date, in relation to an amendment, means the date on which the provision of the 2019 Amendment Act that makes the amendment comes into force

                                              tenancy includes a tenancy to which this Act applies as a result of section 4(2) of the 2019 Amendment Act (which replaces the definition of residential premises in section 2(1)) and that subsists on the date on which that amendment came into force.

                                              Notes
                                              • Schedule 1AA clause 15: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                              16Existing tenancies, etc

                                              1. An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

                                              2. This clause is subject to clause 19.

                                              Notes
                                              • Schedule 1AA clause 16: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                              17New unlawful acts

                                              1. An amendment that creates a new unlawful act does not apply to acts or omissions before the commencement date.

                                              Notes
                                              • Schedule 1AA clause 17: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                              18Proceedings that have commenced

                                              1. An amendment does not apply to proceedings commenced before the Tribunal before the commencement date.

                                              Notes
                                              • Schedule 1AA clause 18: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                              19Application of insurance and tenant liability provisions to social housing provider tenancies under existing Property Law Act 2007 leases

                                              1. This clause applies only in circumstances where—

                                              2. Housing New Zealand Corporation or a registered community housing provider (a housing provider) is the landlord of residential premises that are the subject of a tenancy agreement; and
                                                1. the housing provider is a lessee of those premises under a lease—
                                                  1. to which the Property Law Act 2007 applies; and
                                                    1. that was entered into before the date on which section 5 of the 2019 Amendment Act came into force (and including any renewal term commencing on or after that date if the right of renewal existed in the lease before that date); and
                                                    2. the housing provider has no legally enforceable right to require the lessor under that lease to provide the housing provider with the information that the housing provider would need to possess in order to be able to comply with the insurance information sections.

                                                      1. If this clause applies,—

                                                      2. the insurance information sections do not apply to the housing provider; and
                                                        1. for the purpose of determining the tenant’s liability under section 49B(2), the premises are treated as not insured against the destruction or damage (so that the applicable limit in section 49B(3)(b) applies).

                                                          1. In this clause,—

                                                            insurance information sections means—

                                                            1. section 13A(2) to (4) (as inserted by section 5 of the 2019 Amendment Act); and
                                                              1. section 45(2B) to (2D) (as inserted by section 7 of the 2019 Amendment Act); and
                                                                1. section 66J(5) to (7) (as inserted by section 15 of the 2019 Amendment Act)

                                                                  registered community housing provider has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992.

                                                                  Notes
                                                                  • Schedule 1AA clause 19: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                                                  20Transitional provision for continuing tenancy agreement when circumstances in clause 19 cease applying

                                                                  1. This clause applies if clause 19 ceases to apply but the tenancy agreement is continuing, and the tenancy agreement was entered into on or after the date on which section 13A(2) (as inserted by section 5 of the 2019 Amendment Act) came into force.

                                                                  2. For the purpose of section 13A(3), the tenancy agreement is treated as having been entered into before section 13A(2) came into force.

                                                                  Notes
                                                                  • Schedule 1AA clause 20: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                                                  21Application of section 56A(1) to existing tenancies

                                                                  1. Section 56A(1) (as inserted by section 12 of the 2019 Amendment Act) applies to a tenant of a tenancy of premises that are unlawful residential premises immediately after the commencement of section 56A(1) as if the tenancy had started on commencement of that section.

                                                                  Notes
                                                                  • Schedule 1AA clause 21: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                                                  22Application of section 78A to certain work orders

                                                                  1. Section 78A (as inserted by section 19 of the 2019 Amendment Act) does not apply to subsequent proceedings taken for enforcement of a work order made in a matter for which proceedings commenced before the Tribunal before the date on which that section comes into force.

                                                                  Notes
                                                                  • Schedule 1AA clause 22: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

                                                                  5Provisions relating to Residential Tenancies Amendment Act 2020

                                                                  23Interpretation

                                                                  1. In this Part,—

                                                                    2020 Act means the Residential Tenancies Amendment Act 2020

                                                                      amendment means an amendment to this Act made by a provision of the 2020 Act

                                                                        commencement date, in relation to an amendment, means the date on which the provision of the 2020 Act that makes the amendment comes into force.

                                                                        Notes
                                                                        • Schedule 1AA clause 23: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        24Existing tenancies, etc

                                                                        1. An amendment applies to a tenancy whether the tenancy commences before, on, or after the commencement date.

                                                                        2. This clause is subject to clauses 25 to 37.

                                                                        Notes
                                                                        • Schedule 1AA clause 24: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        25New unlawful acts and pecuniary penalties

                                                                        1. An amendment that creates a new unlawful act or confers a power to impose pecuniary penalties does not apply to acts or omissions before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 25: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        26Proceedings that have commenced

                                                                        1. An amendment does not apply to proceedings commenced before the Tribunal before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 26: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        27Notices to terminate, renew, or extend tenancies

                                                                        1. An amendment made by any of sections 4(3), 32 to 34, and 36 of the 2020 Act does not apply to the termination of a tenancy by notice if the notice is given before the commencement date.

                                                                        2. The amendments made by section 42 of the 2020 Act do not apply to the exercise of a right to renew or extend a tenancy unless the date on which the tenancy would otherwise expire is 28 or more days after the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 27: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        28Notice to increase rent

                                                                        1. An amendment made by section 19 or 78 of the 2020 Act does not apply to an increase of rent by notice given under section 24 of this Act if the notice is given before the commencement date for those amendments and relates to an increase with effect on or after 26 September 2020.

                                                                        2. Repealed
                                                                        Notes
                                                                        • Schedule 1AA clause 28: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                                                        • Schedule 1AA clause 28(2): repealed, on , by section 32 of the COVID-19 Public Health Response (Extension of Act and Reduction of Powers) Amendment Act 2022 (2022 No 66).

                                                                        29Assignment by tenant

                                                                        1. Section 43A of this Act (as inserted by section 24 of the 2020 Act) does not apply to a tenancy granted before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 29: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        30Documents to be retained and produced by landlord

                                                                        1. The amendment made by section 27 of the 2020 Act applies to any information retained by the landlord on or after the commencement date, whether the information came into the landlord’s possession or control before, on, or after that date.

                                                                        2. Any new requirement imposed on a landlord by an amendment made by section 65 of the 2020 Act applies to any documents (or copies of them) in the landlord’s possession or control on or after the commencement date, whether the documents (or copies) were created before, on, or after that date.

                                                                        Notes
                                                                        • Schedule 1AA clause 30: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        31Termination for physical assault by tenant

                                                                        1. The amendment made by section 37 of the 2020 Act does not apply in relation to a physical assault that occurred before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 31: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        32Rent arrears and anti-social behaviour

                                                                        1. The amendment made by section 36 of the 2020 Act does not apply to rent arrears incurred before the commencement date.

                                                                        2. Section 55A of this Act (as inserted by section 38 of the 2020 Act) does not apply to anti-social behaviour engaged in before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 32: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        33Withdrawal following family violence

                                                                        1. The amendment made by section 39 of the 2020 Act applies whether the family violence occurred before, on, or after the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 33: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        34Continuation of existing fixed-term tenancies as periodic

                                                                        1. The amendment made by section 41 of the 2020 Act does not apply to tenancies granted before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 34: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        35Abandonment of premises

                                                                        1. The amendment made by section 43 of the 2020 Act does not apply to the abandonment of premises if the date determined by the Tribunal under section 61(2) of this Act in relation to the abandonment is before the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 35: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        36Enforceable undertakings

                                                                        1. Sections 126N to 126R of this Act (as inserted by section 70 of the 2020 Act) relate to any enforceable undertaking given on or after the commencement date, whether the contravention or alleged contravention to which the undertaking relates occurred or is alleged to have occurred on, before, or after that date.

                                                                        Notes
                                                                        • Schedule 1AA clause 36: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        37Only 1 penalty type for same conduct

                                                                        1. The amendment made by section 73 of the 2020 Act applies to conduct whether the conduct is engaged in before, on, or after the commencement date.

                                                                        Notes
                                                                        • Schedule 1AA clause 37: inserted, on , by section 77 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

                                                                        6Provisions relating to COVID-19 Response (Management Measures) Legislation Act 2021

                                                                        38Order may be prepared before enactment or commencement of COVID-19 Response (Management Measures) Legislation Act 2021

                                                                        1. Any action taken before the enactment or commencement of the COVID-19 Response (Management Measures) Legislation Act 2021 by or on behalf of a Minister of the Crown or the Government in relation to an order under clause 3 of Schedule 5 of this Act must be treated as having been taken by that Minister or the Government under and for the purposes of the COVID-19 Response (Management Measures) Legislation Act 2021 (as if that Act were already enacted and in force).

                                                                        Notes
                                                                        • Schedule 1AA clause 38: inserted, on , by Schedule 5 clause 3 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).

                                                                        39Transitional provision relating to repeal of Schedule 5

                                                                        1. Any order that is made under clause 3 of Schedule 5, and that is in force when Schedule 5 is repealed, is revoked on that repeal.

                                                                        2. The repeal of Schedule 5 does not affect the application of clauses 6 to 13 of Schedule 5 in relation to any tenancy affected, before the repeal, by the operation of Schedule 5 or by anything done under Schedule 5.

                                                                        Notes
                                                                        • Schedule 1AA clause 39: inserted, on , by Schedule 5 clause 3 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).

                                                                        7Provision relating to Remuneration Authority Legislation Act 2022

                                                                        40Remuneration of Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, and Tenancy Adjudicators

                                                                        1. A person who immediately before the commencement date held office as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 69(1)(a).

                                                                        2. In this clause,—

                                                                          commencement date means the date on which the Remuneration Authority Legislation Act 2022 comes into force

                                                                            Deputy Principal Tenancy Adjudicator includes an acting Deputy Principal Tenancy Adjudicator appointed under section 67A

                                                                              Principal Tenancy Adjudicator includes an acting Principal Tenancy Adjudicator appointed under section 67A

                                                                                Tenancy Adjudicator includes an acting Tenancy Adjudicator appointed under section 67A.

                                                                                Notes
                                                                                • Schedule 1AA clause 40: inserted, on , by section 26 of the Remuneration Authority Legislation Act 2022 (2022 No 74).