Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Application of Act

11: Act generally to apply despite contrary provisions

You could also call this:

“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.”

This law says that the Residential Tenancies Act applies even if you and your landlord agree to something different. If you make an agreement that goes against what the Act says, that agreement won’t work unless the Act allows it or the Tenancy Tribunal thinks it should be allowed.

Your landlord can choose to give up some of their rights under the Act or take on more responsibilities than the Act requires. However, you as a tenant can’t give up any of the rights the Act gives you. If you try to, it won’t count.

Remember, the Tenancy Tribunal can sometimes allow agreements that don’t follow the Act exactly. They’ll look at things like what kind of tenancy it is, what’s in the agreement, and what’s best for everyone involved before deciding.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95012.

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Housing and property > Renting
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Part 1 Application of Act

11Act generally to apply despite contrary provisions

  1. Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless—

  2. the inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or
    1. the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.

      1. Subsection (1) shall not prevent a landlord from waiving voluntarily all or any of the rights and powers conferred on landlords by this Act, or from voluntarily incurring more or more extensive obligations than those that are imposed on landlords by this Act.

      2. Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.

      Compare
      • 1952 No 51 s 104C
      • 1955 No 50 s 51
      • 1973 No 26 s 28
      • 1975 No 36 s 4
      • Residential Tenancies Act 1978–81 s 89(1), (2) (SA)