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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

124A: Chief executive may take proceedings in place of tenant or landlord

You could also call this:

“The boss can step in and handle legal stuff for renters or landlords if it's important for everyone.”

The chief executive can take action in place of a tenant or landlord if they think it’s important for the public. They can start, defend, or take over court cases, and protect the rights of tenants or landlords. This can happen even if the tenant or landlord doesn’t agree, or if the tenancy has ended.

The chief executive might do this if they believe the property is unsafe, if someone has broken the rules badly or many times, or if someone’s actions might make people lose trust in how the law works. They can also act for other reasons they think are important.

If a tenancy has ended, the chief executive can still ask for work to be done on the property. Any work that was ordered must still be done, even if the tenancy is over. The chief executive can make sure this happens.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6895271.

Topics:
Housing and property > Renting
Government and voting > Government departments
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124: Chief executive may take or defend proceedings on behalf of any party, or

“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.”

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124B: Supplementary provision to section 124A, or

“Extra rules for when the boss steps in to help with legal problems”

Part 4 Administration
Functions and powers of chief executive

124AChief executive may take proceedings in place of tenant or landlord

  1. The chief executive may, if satisfied that it is in the public interest to do so on any of the grounds listed in subsection (2), do any of the following in relation to a tenancy as if the chief executive were a party to the tenancy:

  2. initiate any proceedings in the Tribunal or a court that could be brought by the party:
    1. defend any proceedings in the Tribunal or a court that are brought against the party:
      1. assume the conduct of any proceedings in the Tribunal or a court brought by or against the party:
        1. take any steps that are necessary to enforce or protect the rights of the party in relation to any infringement or suspected infringement of any of those rights under the tenancy agreement or this Act.

          1. The grounds referred to in subsection (1) are as follows:

          2. in the chief executive’s opinion, the condition of the premises, or the condition of any premises in relation to which the landlord is the landlord under another tenancy, poses a significant risk to the health or safety of any person:
            1. in the chief executive’s opinion, the tenant or the landlord has committed a serious breach of this Act, or has persistently breached this Act, in relation to the tenancy or otherwise:
              1. in the chief executive’s opinion, any conduct of the tenant or the landlord in relation to the tenancy or otherwise risks undermining public confidence in the administration of this Act:
                1. any other ground that the chief executive considers appropriate.

                  1. The chief executive may act in the place of a party under subsection (1)—

                  2. without the consent of the party:
                    1. despite the party’s refusal to consent:
                      1. even if the tenancy has terminated.

                        1. If the tenancy has terminated,—

                        2. any application for a work order that is made, or the conduct of which is assumed, by the chief executive must be dealt with (or continue to be dealt with after the termination) as if the tenancy were still in force; and
                          1. any work order granted on an application that was made, or the conduct of which was assumed, by the chief executive must be complied with, and may be enforced by the chief executive, despite the tenancy’s termination.

                            Notes
                            • Section 124A: inserted, on , by section 40 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                            • Section 124A heading: amended, on , by section 68(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                            • Section 124A(1): replaced, on , by section 68(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                            • Section 124A(2)(b): amended, on , by section 68(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                            • Section 124A(2)(c): amended, on , by section 68(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                            • Section 124A(3): replaced, on , by section 68(5) of the Residential Tenancies Amendment Act 2020 (2020 No 59).