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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

123A: Documents to be retained by landlord and produced to chief executive if required

You could also call this:

“Landlords must keep important papers about the rental and show them to the boss if asked.”

If you’re a landlord, you need to keep certain documents for your tenancy. You must keep these documents while the tenancy is happening and for 12 months after it ends. These documents include the tenancy agreement, inspection reports, records of building work, and any notices between you and your tenants.

The chief executive can ask you to show them some of these documents. They can only ask for documents that are about inspections, building work, healthy homes standards, advertisements, or communication with tenants. They can also ask for records about rent and bond. The chief executive can only ask for these if they need them for their job, and they must ask within 12 months after the tenancy ends.

If the chief executive asks for these documents, they will tell you how to give them the documents. You must do this within 10 working days. If you don’t do this without a good reason, you’re breaking the law and might have to pay a fine.

The law also explains what some words mean, like ‘building work’ and ‘professional tradesperson’. These definitions help you understand what kind of work and who counts as a professional when it comes to your rental property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6895256.

Topics:
Housing and property > Renting
Government and voting > Government departments
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123: General functions and powers of chief executive, or

“The chief executive can do many things to help with rental agreements and make sure everyone follows the rules.”

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123B: Documents to be produced by tenant to chief executive if required, or

“The boss can ask you to show them certain papers about your rental home, if they need to see them.”

Part 4 Administration
Functions and powers of chief executive

123ADocuments to be retained by landlord and produced to chief executive if required

  1. A landlord must retain the following documents (or copies of them) during, and for 12 months after the termination of, the tenancy:

  2. the tenancy agreement and any variations or renewals of it:
    1. any reports of inspections of the premises carried out by or for the landlord during the tenancy:
      1. records of any building work for which a building consent is required, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work carried out at the premises by or for the landlord during the tenancy:
        1. any reports or assessments by a professional tradesperson of work that is carried out or is required in relation to a premises that relates to the landlord’s compliance with section 45 or 66I:
          1. the records or other documents that relate to the landlord’s compliance with the healthy homes standards and that are prescribed by regulations under section 138B(5):
            1. any advertisement for the tenancy (including an advertisement from before the commencement of the tenancy):
              1. any notices or correspondence between a landlord (or a person acting on the landlord’s behalf) and—
                1. a tenant (or a person acting on the tenant’s behalf) in relation to the tenancy:
                  1. a prospective tenant (or a person acting on the prospective tenant’s behalf) in relation to the tenancy.

                  2. The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)(b) to (g) or under section 30 (relating to rent and bond records).

                  3. A notice under subsection (2)—

                  4. may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
                    1. may not be given any later than 12 months after the termination of the tenancy; and
                      1. must specify the way in which the documents must be produced to the chief executive.

                        1. A landlord who receives a notice under subsection (2) must, within 10 working days of receiving the notice, produce the documents to the chief executive in the way specified in the notice.

                        2. A landlord who, without reasonable excuse, fails to comply with subsection (4)—

                        3. commits an unlawful act; and
                          1. commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

                            1. In this section,—

                              building consent and building work have the same meanings as in section 7 of the Building Act 2004

                                gasfitting has the same meaning as in section 5 of the Plumbers, Gasfitters, and Drainlayers Act 2006

                                  prescribed electrical work has the same meaning as in section 2(1) of the Electricity Act 1992

                                    professional tradesperson means a person whose occupation includes carrying out building work, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work

                                      sanitary plumbing has the same meaning as in section 6 of the Plumbers, Gasfitters, and Drainlayers Act 2006.

                                      Notes
                                      • Section 123A: inserted, on , by section 39 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                                      • Section 123A(1): replaced, on , by section 65(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                      • Section 123A(1)(ca): inserted, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
                                      • Section 123A(2): amended, on , by section 65(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                      • Section 123A(4): replaced, on , by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                      • Section 123A(5): inserted, on , by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                      • Section 123A(6): inserted, on , by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).