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Residential Tenancies Act 1986

The Tenancy Tribunal - Miscellaneous provisions

114: Powers of entry of Tenancy Mediators

You could also call this:

“Tenancy Mediators can visit and look around your home to help solve problems, but they need to tell you first.”

If you have a problem with your rental home, a Tenancy Mediator might need to visit. They can come into your home at a reasonable time to look at things that are part of the problem. This is to help solve disagreements between you and your landlord.

If your home is in a defence area, the person in charge might have some extra rules about security that the mediator needs to follow.

Usually, the mediator has to tell you and your landlord in writing at least 24 hours before they want to visit. This notice will say it’s from the mediator, give your address, and tell you when they plan to come.

You or your landlord can go with the mediator when they look at your home. If you can’t go, you can send someone else to go with them.

When the mediator first arrives, they must show you who they are. They also need to show this proof to anyone else in your home who asks to see it.

It’s against the law to stop the mediator from doing their job. If you do, you might have to pay a fine of up to $3,000.

Remember, the mediator is there to help solve problems, not to get anyone in trouble. They just want to understand what’s happening in your home.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95949.

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Part 3 The Tenancy Tribunal
Miscellaneous provisions

114Powers of entry of Tenancy Mediators

  1. Subject to the succeeding provisions of this section, every Tenancy Mediator who is a natural person shall, in the performance of his or her functions under section 99(1) in relation to any dispute, have power at any reasonable time to enter the residential premises to which the dispute relates and to inspect those premises and any fixtures, fittings, and chattels in those premises.

  2. In respect of premises in any defence area (within the meaning of the Defence Act 1990), the exercise by a Tenancy Mediator of the power conferred by subsection (1) shall be subject to such conditions relating to security as the officer in charge of the defence area may require.

  3. Except with the written authority of the Tribunal given in any particular case, no Tenancy Mediator shall exercise the power conferred by subsection (1) without first giving to each party to the dispute at least 24 hours' written notice of intention to do so.

  4. Every notice given under subsection (3) shall state—

  5. that it is given pursuant to this section; and
    1. the address of the premises to which it relates; and
      1. the time at which and the date on which the Tenancy Mediator proposes to inspect the premises.

        1. Any party to the dispute shall be entitled to accompany, or have an agent accompany, the Tenancy Mediator while the Tenancy Mediator is inspecting the premises, whether or not that party would otherwise be entitled to enter or be in the premises.

        2. A Tenancy Mediator who enters any premises under this section must,—

        3. on initial entry, produce evidence of his or her identity; and
          1. while subsequently on the premises, produce that evidence to any person who reasonably requests to see it.

            1. Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who, without reasonable excuse, obstructs or hinders any Tenancy Mediator in the exercise of the power conferred by subsection (1).

            Notes
            • Section 114(1): amended, on , by section 37 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
            • Section 114(2): amended, on , pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).
            • Section 114(6): replaced, on , by section 77(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 114(7): amended, on , by section 62 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 114(7): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).