Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

12A: Choice of procedures

You could also call this:

“This explains how you can choose between two different ways to handle a problem, but you can only pick one way.”

If you have a situation where you could make an application to the Tribunal and also make a complaint under the Human Rights Act 1993, you have to choose one of these options. You can’t do both. You can either use the procedures under this Act or make a complaint under the Human Rights Act 1993.

When it comes to making a complaint, it’s considered that you’ve made one when you or the Commission start proceedings about that complaint.

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 It might be out of date or be missing some parts.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=DLM95019.

Topics:
Housing and property > Renting
Rights and equality > Anti-discrimination
Crime and justice > Courts and legal help
Previous

12: Discrimination to be unlawful act, or

“This law says people can't be unfairly treated when renting a home because of who they are.”

Next

13: Tenancy agreement must be in writing and signed, or

“The landlord and tenant must write down and sign their agreement about renting a home.”

Part 2 Tenancy agreements
Preliminary matters

12AChoice of procedures

  1. Where the circumstances are such that any person would be entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993, that person may take one, but not both, of the following steps:

  2. the person may invoke, in relation to those circumstances, the procedures under this Act:
    1. the person may make, in relation to those circumstances, a complaint under the Human Rights Act 1993.

      1. For the purposes of subsection (1)(b), a person makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.

      Compare
      • 1991 No 22 s 39
      • 1993 No 82 s 145
      Notes
      • Section 12A: inserted, on , by section 5(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
      • Section 12A(2): replaced, on , by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).