Residential Tenancies Act 1986

Application of Act

10: Onus of proof

You could also call this:

“If someone says the rules don't apply to their house rental, they have to prove it.”

If someone says this law doesn’t apply to a rental home, they need to prove it. This happens when there’s a dispute at the Tenancy Tribunal. The person who thinks the law doesn’t apply must show why. They have to give facts that prove their point. You don’t have to prove the law applies; they have to prove it doesn’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95011.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help

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9: Existing tenancies, or

“This law explains how the new rules apply to tenancies that started before the law changed.”


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“The law applies even if you make a deal that says it shouldn't, unless the law allows it or a special court says it's okay.”

Part 1 Application of Act

10Onus of proof

  1. Where, in any proceedings before the Tribunal, any party contends that this Act does not apply in respect of any tenancy of any residential premises, it shall be for that party to establish the facts upon which it is contended that this Act does not apply.