Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Miscellaneous provisions

138B: Healthy homes standards

You could also call this:

"Rules to keep your rental home warm, dry, and safe"

Illustration for Residential Tenancies Act 1986

The Governor-General can make rules called healthy homes standards. You need to know what these standards are so you can understand what landlords must do. Landlords must follow these standards for your home. The healthy homes standards can include things like how warm or cool your home should be. They can also include things like how much moisture is in your home. Landlords may need to install or provide things like heating or insulation to meet these standards. The rules can say how landlords must check and maintain things in your home. They can also say what kind of things landlords must install and how they must install them. The Governor-General can make rules about what information landlords must give you about the healthy homes standards. The rules can be different for different types of landlords or homes. They can also say what records landlords must keep about your home. You should look at the Legislation Act 2019 to see how these rules are published, you can find more information on the Legislation Act 2019 website. In these rules, your home includes any facilities that come with it. The Governor-General can make these rules, and they are called secondary legislation, which you can read about in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6866586.

This page was last updated on — View changes

Topics:
Housing and property > RentingHousing and property > Home safety and repairs
Previous

138A: Regulations in respect of smoke alarms, or

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

Next

138C: Regulations in respect of contaminants and contaminated premises, or

"Rules about harmful things in houses and how to clean them up"

Part 5Miscellaneous provisions

138BHealthy homes standards

  1. The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards) with which landlords must comply for the purposes of section 45(1)(bb) or 66I(1)(bb).

  2. The healthy homes standards may include any of the following:

  3. standards about the indoor temperatures that must be capable of being achieved in the premises:
    1. standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)(i) to (vii):
      1. standards imposing requirements in relation to any of the following:
        1. heating:
          1. insulation:
            1. ventilation:
              1. moisture ingress:
                1. draught stopping:
                  1. drainage:
                    1. any material or other thing relating to a thing referred to in subparagraphs (i) to (vi).

                    2. The requirements that may be imposed by standards under subsection (2)(c) include the following (for example):

                    3. requirements that things be installed or provided at the premises:
                      1. requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:
                        1. requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.

                          1. Regulations under subsection (1) may—

                          2. specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):
                            1. include exceptions to standards.

                              1. The Governor-General may, by Order in Council, make regulations—

                              2. prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)(b) or (1CB)(b):
                                1. prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)(e) (which may include records or other documents relating to work or other things done before the commencement of the tenancy).

                                  1. Regulations under this section may—

                                  2. make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:
                                    1. make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.

                                      1. In this section, premises, in relation to a tenancy that is not a boarding house tenancy, includes facilities.

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

                                      Notes
                                      • Section 138B: replaced, on , by section 6 of the Healthy Homes Guarantee Act 2017 (2017 No 46).
                                      • Section 138B(5)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
                                      • Section 138B(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).