Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

43AA: Tenancy agreement may prohibit smoking

You could also call this:

"Landlords can ban smoking inside your rental home in your tenancy agreement"

Illustration for Residential Tenancies Act 1986

A tenancy agreement can stop you from smoking tobacco products inside the premises. This means you cannot smoke in any indoor part of the place where you live. You can be stopped from smoking in other parts of the premises, but only if it is fair and follows the rules of the Residential Tenancies Act.

If a tenancy agreement says you cannot smoke, it must be consistent with your rights and obligations under the Act. The premises include facilities, and indoors does not include outbuildings. A smoked tobacco product is defined in the Smokefree Environments and Regulated Products Act 1990, which you can find on the legislation website.

You should know what you can and cannot do in your rental property regarding smoking. The rules about smoking are part of your tenancy agreement and the Residential Tenancies Act. These rules help you understand your responsibilities as a tenant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1032836.


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Part 2Tenancy agreements
Rights and obligations of parties

43AATenancy agreement may prohibit smoking

  1. A tenancy agreement may prohibit a tenant from smoking a smoked tobacco product in any part of the premises that is indoors.

  2. 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.

  3. 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).