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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

123D: Power of entry to inspect premises

You could also call this:

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

You need to know about a law that lets certain people inspect rented homes. These people are called ‘authorised persons’. They can enter a rented home to check the property and everything in it, but only if they follow some rules.

First, the Tenancy Tribunal must give them permission to inspect. The Tribunal will set some rules about how the inspection should happen.

The authorised person must tell both you and your landlord in writing at least 24 hours before they want to come in. This notice must say it’s for this kind of inspection, give the address of the home, say when they want to inspect, and include a copy of the Tribunal’s permission.

When inspecting, the authorised person can bring and use equipment, take photos or videos, make recordings, take measurements, draw pictures, take samples, and test things.

You and your landlord must help the authorised person if they ask for help to do the inspection. This might include helping them get into the home or different parts of it.

You and your landlord can go with the authorised person during the inspection. You can also have someone else go with you.

The authorised person must show proof of who they are when they first arrive and if anyone asks to see it while they’re there.

If the home is in a defence area, there might be extra security rules to follow.

You could get in trouble and have to pay up to $3,000 if you don’t help or if you try to stop the inspection without a good reason.

The chief executive of the government department in charge of this law chooses who can be an authorised person. They must make sure the person is properly trained or qualified.

This law doesn’t change any other rights people might have to enter or do things in the home.

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 It might be out of date or be missing some parts.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=DLM6895267.

Topics:
Housing and property > Renting
Government and voting > Government departments
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Part 4 Administration
Functions and powers of chief executive

123DPower of entry to inspect premises

  1. An authorised person may, at any reasonable time, enter any premises that are the subject of a tenancy to inspect the premises, and any fixtures, fittings, and chattels in the premises, if—

  2. the inspection is authorised by an order of the Tribunal under section 123E and is carried out in accordance with any conditions set out in that order; and
    1. the authorised person gives both the landlord and the tenant at least 24 hours’ written notice of the authorised person’s intention to enter the premises.

      1. A notice under subsection (1)(b) must—

      2. state that it is given under this section; and
        1. state the address of the premises to which it relates; and
          1. state the time at which, and the date on which, the authorised person proposes to inspect the premises; and
            1. include a copy, sealed with the Tribunal’s seal, of the Tribunal’s order under section 123E.

              1. The authorised person’s power to inspect includes the power to do any of the following:

              2. to bring onto, and operate on, the premises any equipment (and to use electricity from the electricity supply at the premises for the purpose of operating the equipment):
                1. to take or make photographs, sound or video recordings, measurements, or drawings:
                  1. to take samples of things for analysis:
                    1. to test things.

                      1. The landlord or the tenant (as the case may be) must provide the authorised person with all assistance that the authorised person reasonably requests from the landlord or the tenant in relation to the inspection, including (for example) assistance reasonably requested for the purpose of enabling the authorised person to enter the premises or to access any part of the premises.

                      2. Both the landlord and the tenant may accompany, or have a person acting on behalf of the landlord or the tenant accompany, the authorised person while the authorised person is inspecting the premises.

                      3. A person (A) may accompany the authorised person under subsection (5) whether or not A would otherwise be entitled to enter or be in the premises.

                      4. An authorised person who enters any premises under this section must,—

                      5. on initial entry, produce evidence of the authorised person’s identity; and
                        1. while subsequently on the premises, produce that evidence to any person who reasonably requests to see it.

                          1. In respect of any premises in any defence area (within the meaning of the Defence Act 1990), an authorised person must exercise the authorised person’s powers under this section subject to any conditions relating to security that the officer in charge of the defence area imposes.

                          2. A person commits an offence and is liable on conviction to a fine not exceeding $3,000 if the person, without reasonable excuse,—

                          3. fails to comply with subsection (4); or
                            1. obstructs or hinders an authorised person in the exercise of the authorised person’s powers under this section.

                              1. Sections 166 and 167 of the Search and Surveillance Act 2012 apply (with any necessary modifications) in relation to the powers of an authorised person under this section.

                              2. In this section, authorised person means an officer of the department, or any other person, who is authorised by the chief executive to enter premises under this section.

                              3. The chief executive may authorise a person for the purposes of subsection (11) only if the chief executive is satisfied that the person is properly qualified or trained to exercise the powers of an authorised person under this section.

                              4. This section does not affect any power or right that a person has apart from this section to enter any premises or to do anything on any premises.

                              Notes
                              • Section 123D: inserted, on , by section 39 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                              • Section 123D(9): amended, on , by section 66 of the Residential Tenancies Amendment Act 2020 (2020 No 59).