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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

109: Unlawful acts

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"What happens when someone breaks the law in a rental property"

Illustration for Residential Tenancies Act 1986

You can apply to the Tribunal for an order if someone does something unlawful. The Tribunal can order them to pay you money. This money is like a punishment for doing something wrong. You must apply within 12 months of the unlawful act. The Tribunal looks at why the person did it and how it affected you. They also think about what is fair and what the public would think. There is a limit to how much money the Tribunal can order someone to pay. This limit is shown in Schedule 1A. The Tribunal can still make an order even if the person has been charged with a crime. If the Tribunal orders someone to pay you money, you get to keep it. It is extra money on top of any compensation you might get. If the chief executive applies, the money goes to the Crown. The chief executive is like a boss who makes sure the law is followed. They can apply to the Tribunal if someone does something unlawful. The Tribunal can order the person to pay money to the Crown.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95936.

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Part 3The Tenancy Tribunal
Enforcement and offences

109Unlawful acts

  1. Any of the following persons (A) may apply to the Tribunal for an order requiring any other person (B) to pay to A an amount in the nature of exemplary damages on the ground that B has committed an unlawful act:

  2. a landlord:
    1. a tenant:
      1. the chief executive acting as the person responsible for the general administration of this Act or in the place of a landlord or a tenant under section 124A.

        1. A landlord or a tenant may not apply under subsection (1) later than—

        2. 12 months after the termination of the tenancy in the case of—
          1. an unlawful act to which section 19(2) refers; or
            1. a failure to keep records in respect of bonds that is an unlawful act to which section 30(2) refers; or
            2. 12 months after the date of commission of the unlawful act in the case of any other unlawful act.

              1. The chief executive may not apply under subsection (1) (whether acting as the person responsible for the general administration of this Act or in the place of a landlord or a tenant) later than 12 months after the date on which the chief executive first became aware of the unlawful act.

              2. If, on an application under subsection (1) (other than one referred to in subsection (3A)), the Tribunal is satisfied that the person against whom the order is sought committed the unlawful act intentionally, and that, having regard to—

              3. the intent of that person in committing the unlawful act; and
                1. the effect of the unlawful act; and
                  1. the interests of the landlord or the tenant against whom the unlawful act was committed; and
                    1. the public interest,—
                        1. it would be just to require the person against whom the order is sought to pay a sum in the nature of exemplary damages, the Tribunal may make an order accordingly.

                      1. In the case of an application in respect of an unlawful act under section 54(6), the Tribunal may order the landlord to pay a sum in the nature of exemplary damages if the Tribunal is satisfied that it is just to do so having regard to the matters referred to in subsection (3)(b) to (d).

                      2. The maximum amount that a person may be ordered to pay under this section for any unlawful act referred to in any section shown in column 1 of Schedule 1A is the amount shown opposite that section in column 3 of that schedule.

                      3. The Tribunal may make an order against a person on the ground that the person committed an unlawful act even though the conduct that formed part of that act also formed part of an offence or an alleged offence against section 109A(4) in respect of which the person has been charged, convicted, or acquitted.

                      4. Any amount ordered by the Tribunal to be paid under this section on the application of a landlord or a tenant, or on the application of the chief executive acting in place of a landlord or a tenant, shall be paid to that landlord or that tenant, and shall be in addition to any sum payable to that landlord or that tenant by way of compensation in respect of the unlawful act.

                      5. Any amount ordered by the Tribunal to be paid under this section on the application of the chief executive acting as the person responsible for the general administration of this Act shall be paid to the Crown.

                      6. Repealed
                      Notes
                      • Section 109(1): replaced, on , by section 57(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(2): replaced, on , by section 43(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                      • Section 109(2): amended, on , by section 57(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(2A): inserted, on , by section 57(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(3): amended, on , by section 57(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(3): amended, on , by section 36(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                      • Section 109(3A): inserted, on , by section 36(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                      • Section 109(3A): amended, on , by section 40 of the Residential Tenancies Amendment Act 2024 (2024 No 52).
                      • Section 109(4): replaced, on , by section 71 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 109(4): amended, on , by section 57(5)(a) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(4): amended, on , by section 57(5)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(4A): inserted, on , by section 71 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 109(5): amended, on , by section 57(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                      • Section 109(5): amended, on , by section 10(2) of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                      • Section 109(6): replaced, on , by section 10(3) of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                      • Section 109(7): inserted, on , by section 43(3) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                      • Section 109(7): repealed, on , by section 57(7) of the Residential Tenancies Amendment Act 2020 (2020 No 59).