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Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

14: Minors

You could also call this:

"Rentals and Young People"

Illustration for Residential Tenancies Act 1986

If you are 18 or older, or if you are married or in a civil union, you can make tenancy agreements. You have the same rights as adults when you make these agreements. You can also settle disputes about tenancy agreements. If you are under 18 and you make a tenancy agreement, it is still valid when you turn 18 or get married or enter into a civil union. You can ask the Tribunal to change or cancel your agreement within 10 working days of turning 18 or getting married or entering into a civil union. The Tribunal has the power to make decisions about tenancy agreements, as stated in subpart 6 of Part 2 of the Contract and Commercial Law Act 2017. You cannot take a tenancy agreement dispute to court, except in some special cases, such as when the case is transferred to the District Court or when you appeal a decision under section 83(2), sections 117, 119, or 120. The Tribunal usually deals with tenancy agreement disputes, not the court, according to subpart 6 of Part 2 of the Contract and Commercial Law Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95032.

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Part 2Tenancy agreements
Preliminary matters

14Minors

  1. A person who has attained the age of 18 years or who is or has been married or in a civil union under that age shall have the same capacity in respect of tenancy agreements, and in respect of the settlement of disputes arising in relation to tenancy agreements, as persons of full age have.

  2. Subject to subsection (3), where during a tenancy, the tenant attains the age of 18 years or marries or enters into a civil union for the first time under that age, the tenancy agreement shall thereafter have the same force and effect as it would have had if the tenant had been of full age at the time when the tenant entered into the agreement.

  3. In any case to which subsection (2) applies, the tenant may, within 10 working days after the date on which the tenant attains the age of 18 years or marries or enters into a civil union, apply to the Tribunal for an order relieving the tenant of all or any of the obligations imposed on the tenant by the agreement.

  4. Subject to subsections (1) and (2), the Tribunal shall have and may exercise, in respect of tenancy agreements, all the jurisdiction and powers conferred on the High Court or the District Court by subpart 6 of Part 2 of the Contract and Commercial Law Act 2017.

  5. Except where any proceedings are transferred to the District Court under section 83(2) or an appeal is brought under any of sections 117, 119, and 120, no court shall have jurisdiction under subpart 6 of Part 2 of the Contract and Commercial Law Act 2017 in respect of any tenancy agreement.

Notes
  • Section 14(1): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(2): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(3): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 14(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 14(5): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 14(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).