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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

123: General functions and powers of chief executive

You could also call this:

“The chief executive can do many things to help with rental agreements and make sure everyone follows the rules.”

The chief executive has several important jobs related to tenancy agreements. They can investigate and research things that affect people who rent or own rental properties. They can also share information to help you understand your rights and responsibilities as a renter or landlord.

If you have questions about tenancy laws, the chief executive can give you advice. They also check to make sure landlords are following the rules for healthy homes and other tenancy laws.

If someone breaks the tenancy rules, the chief executive can look into it and take action. This might include going to court or helping people work out their problems. They also help make sure the Tenancy Tribunal works well and deals with disputes quickly.

The chief executive can publish information about landlords and make reports for the Minister about tenancy issues. However, they don’t have to do all these things all the time - it’s up to them to decide what’s important to do.

Remember, if you want to know more about a specific part of the law, you can click on the links in the text to learn more.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95965.

Topics:
Housing and property > Renting
Government and voting > Government departments
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122: Director-General may delegate powers, or

“The boss can let other people do some of their important jobs”

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123A: Documents to be retained by landlord and produced to chief executive if required, or

“Landlords must keep important papers about the rental and show them to the boss if asked.”

Part 4 Administration
Functions and powers of chief executive

123General functions and powers of chief executive

  1. For the purposes of this Act, the chief executive may perform and exercise the following functions and powers:

  2. the investigation of, and the conduct of research into, any matters generally affecting or that may affect the interests of parties to tenancy agreements, or any such matters arising in any particular case:
    1. the publication of reports, the dissemination of information, and the taking of such steps as the chief executive thinks proper for informing members of the public of the rights and obligations of parties to tenancy agreements and of the general operation of this Act:
      1. the giving of opinions and advice to persons on any provisions of this Act or of any other enactment or rule of law relating to tenancy agreements:
        1. the monitoring and assessment of compliance by landlords with the healthy homes standards:
          1. the monitoring and assessing of compliance by landlords with this Act:
            1. the investigation, whether on the complaint of a party or not, of any alleged breach of this Act, or of any tenancy agreement, and the taking of such action, whether involving prosecution or other proceedings, negotiation, or arbitration, as the chief executive thinks proper:
              1. to supervise the operations of the office of the Tribunal and to work in close co-operation with the Registrar to ensure that disputes arising within the jurisdiction of the Tribunal are dealt with efficiently and expeditiously:
                1. the publication of comments about particular persons who are, or have been, landlords:
                  1. the making of reports to the Minister on any matter relating to residential tenancies that the Minister may require, or that the chief executive thinks should be drawn to the attention of the Minister.

                    1. Except as required by the Minister under paragraph (e) of subsection (1), whether or not to perform or exercise any of the functions and powers specified in that subsection in any particular case shall be a matter for the chief executive's discretion, and in no circumstances shall the chief executive be obliged to perform or exercise any such function or power.

                    Compare
                    • Residential Tenancies Act 1978–1981 s 11(1) (SA)
                    Notes
                    • Section 123(1) heading: amended, on , pursuant to section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                    • Section 123(1): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                    • Section 123(1)(b): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                    • Section 123(1)(ca): inserted, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
                    • Section 123(1)(cb): inserted, on , by section 64 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 123(1)(d): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                    • Section 123(1)(da): inserted, on , by section 80 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 123(1)(db): inserted, on , by section 38 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                    • Section 123(1)(e): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                    • Section 123(2): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).