Part 2Tenancy agreements
Rights and obligations of parties
43AATenancy agreement may prohibit smoking
A tenancy agreement may prohibit a tenant from smoking a smoked tobacco product in any part of the premises that is indoors.
A tenancy agreement may prohibit a tenant from smoking a smoked tobacco product in any other part of the premises only if the prohibition is consistent with the parties’ rights and obligations under this Act.
In this section,—
indoors does not include outbuildings
premises includes facilities
smoked tobacco product has the meaning given in section 2(1) of the Smokefree Environments and Regulated Products Act 1990.
Notes
- Section 43AA: inserted, on , by section 21 of the Residential Tenancies Amendment Act 2024 (2024 No 52).


