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Residential Tenancies Act 1986

Miscellaneous provisions

138D: Powers to make regulations under sections 138A to 138C not limited by other enactments, etc

You could also call this:

“The government can make special rules for rental homes, even if those rules are different from other building or health laws.”

The government can make rules about rental homes under sections 138A, 138B, and 138C. These rules can be about anything, even if other laws already talk about buildings, health, or safety. This means the government has a lot of freedom to make rules about rental homes.

The government can also decide that some health rules don’t apply to rental homes. These are rules that are usually made under section 120C of the Health Act 1956. If the government decides this, they will say which health rules don’t apply to rental homes anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS237269.

Topics:
Housing and property > Renting
Government and voting > Government departments
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138C: Regulations in respect of contaminants and contaminated premises, or

“Rules about harmful things in houses and how to clean them up”

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138E: Regulations relating to termination of tenancy for physical assault by tenant, or

“Rules about how to end a tenancy when a renter hurts someone physically”

Part 5 Miscellaneous provisions

138DPowers to make regulations under sections 138A to 138C not limited by other enactments, etc

  1. To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A, 138B, or 138C.

  2. Regulations under section 138B(1) may provide that a provision of any regulations in force under section 120C of the Health Act 1956 that relates to any matter referred to in section 138B(2) does not apply in relation to premises (read in accordance with section 138B(7)) that are subject to tenancies.

Notes
  • Section 138D: inserted, on , by section 47 of the Residential Tenancies Amendment Act 2019 (2019 No 37).