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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

63: Entry without order of Tribunal prohibited

You could also call this:

“You can't go into a rented home without permission or a special order, even if you own it.”

You can’t enter a home where a tenant lives without their permission. The only other way to enter is if the Tenancy Tribunal says you can. If the Tribunal gives an order to enter, you must follow the rules in section 106 to do it properly.

If you try to enter a tenant’s home without their permission or without following the Tribunal’s rules, you’re breaking the law. This is true even if you own the property. If you do this, you could be found guilty of a crime. The punishment for this crime is a fine of up to $3,000.

Remember, these rules are there to protect tenants. They make sure that no one can force their way into a tenant’s home without the right to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95538.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
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62F: Protection from liability, or

“This law keeps landlords and buyers safe from getting in trouble when they sell or buy a tenant's things, as long as they follow the rules and act honestly.”

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64: Possession orders, or

“The law says how and when a landlord can ask for an order to make a tenant leave a rented home.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

63Entry without order of Tribunal prohibited

  1. No person shall enter into possession of any residential premises in the occupation of a tenant except with the consent of the tenant or pursuant to an order for possession made by the Tribunal and duly enforced in accordance with section 106.

  2. Notwithstanding anything in section 57 of the Crimes Act 1961, every person who, otherwise than pursuant to a possession order duly enforced in accordance with section 106, enters onto any land or into any land, being residential premises to which this Act applies, for the purpose of taking possession of that land or building without the consent of the tenant commits an offence and is liable on conviction to a fine not exceeding $3,000.

Compare
  • Residential Tenancies Act 1978–1981 s 80 (SA)
Notes
  • Section 63(2): amended, on , by section 44 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 63(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 63(2): amended, on , by section 45 of the Residential Tenancies Amendment Act 2010 (2010 No 95).