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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

123E: Tribunal may authorise inspection

You could also call this:

“The Tenancy Tribunal can allow someone to check a rental property if there's a good reason to do so.”

The Tribunal can allow someone to inspect a rental property in certain situations. The chief executive can ask the Tribunal for permission to do an inspection. This can happen for two reasons:

First, if the chief executive thinks there’s been a problem with the tenancy agreement or the law. The Tribunal can say yes if they agree it’s necessary for the chief executive to do their job.

Second, if the chief executive wants to carry out a planned set of inspections. The Tribunal can approve this if they think it’s reasonably needed.

When the Tribunal says yes to an inspection, they might add some rules that need to be followed. These rules will be written down in the order they give.

You can find more information about the inspection process in section 123D, and about the planned inspections in section 123CA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6895261.

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123D: Power of entry to inspect premises, or

“A special person can go into a rented house to check it if they have permission and tell everyone first.”

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“The boss of a government department used to be allowed to go to court for anyone involved in a tenancy dispute, but this rule no longer exists.”

Part 4 Administration
Functions and powers of chief executive

123ETribunal may authorise inspection

  1. The chief executive may, in relation to a tenancy, apply to the Tribunal for an order authorising an inspection under section 123D.

  2. The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing—

  3. that there has been a breach of the tenancy agreement or a breach of this Act in relation to the tenancy; and
    1. that the inspection is reasonably necessary for the purposes of the chief executive’s functions or powers under this Act in relation to the breach.

      1. The chief executive may, for the purpose of implementing a programme of inspections prepared under section 123CA, apply to the Tribunal for an order authorising an inspection under section 123D.

      2. The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing that the order is reasonably necessary for the purpose of implementing the programme.

      3. The Tribunal’s authorisation under subsection (2) or (2B) may be given subject to conditions, which must be set out in the order.

      Notes
      • Section 123E: inserted, on , by section 39 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
      • Section 123E(2A): inserted, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
      • Section 123E(2B): inserted, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
      • Section 123E(3): amended, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).