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Residential Tenancies Act 1986

Miscellaneous provisions

138A: Regulations in respect of smoke alarms

You could also call this:

“Rules about smoke alarms in rental homes can be made by the government to keep people safe”

The Governor-General can make rules about smoke alarms in rental homes. These rules can say what landlords and tenants need to do about smoke alarms.

The rules can be different for different types of landlords, tenants, homes, or parts of New Zealand. They can apply to everyone or just some people. The rules can also have exceptions.

The rules might say things like:

  • Where smoke alarms need to be put in a home
  • How to check, take care of, or replace smoke alarms
  • How many smoke alarms are needed, where to put them, what kind to use, and how to install them

The only thing the rules can tell tenants to do is to change worn-out batteries in smoke alarms.

These rules are a type of law called secondary legislation. You can find out more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6866584.

Topics:
Housing and property > Renting
Housing and property > Home safety and repairs
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Part 5 Miscellaneous provisions

138ARegulations in respect of smoke alarms

  1. The Governor-General may, by Order in Council, make regulations imposing on landlords or tenants requirements in respect of smoke alarms for the purposes of section 40(1)(ca), 45(1)(ba), 66I(1)(ba), or 66K(1)(ca).

  2. Regulations under this section may do the following:

  3. impose different requirements for different descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:
    1. impose requirements on all landlords or tenants or requirements that apply only for particular descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:
      1. impose requirements that are subject to exceptions.

        1. The requirements that may be imposed by regulations under this section include the following (for example):

        2. requirements that smoke alarms be installed at premises:
          1. requirements about the inspection, maintenance, or replacement of smoke alarms that are installed at premises:
            1. requirements about the numbers, locations, condition, types, or technical specifications of smoke alarms that are installed at premises and requirements about methods of installation.

              1. However, the requirements that may be imposed on tenants by regulations under this section are limited to requirements in respect of the replacement of worn-out batteries contained in smoke alarms.

              2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 138A: inserted, on , by section 43 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
              • Section 138A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).