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Residential Tenancies Act 1986

Miscellaneous provisions

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

You could also call this:

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

The Governor-General can make rules about ending a tenancy when a tenant physically attacks someone. These rules can say what information must be in a notice about ending the tenancy. They can also say who can give proof that an attack happened, and what kind of proof is okay to use.

Before the Governor-General makes these rules, the Minister must talk to the Minister of Justice about them.

These rules are called “secondary legislation”. This means they have to follow certain steps to become official, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS408379.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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138D: Powers to make regulations under sections 138A to 138C not limited by other enactments, etc, or

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

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138F: Regulations relating to withdrawal from tenancy following family violence, or

“Rules for leaving a rental home if you're experiencing family violence”

Part 5 Miscellaneous provisions

138ERegulations relating to termination of tenancy for physical assault by tenant

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing all or any of the following matters:

  2. information to be included in a notice under section 55AA(3)(a):
    1. persons, or classes of persons, whose declarations are qualifying evidence for the purposes of section 55AA(6):
      1. types of qualifying evidence for the purposes of section 55AA(6).

        1. The Minister must consult the Minister of Justice before recommending the making of regulations under this section.

        2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 138E: inserted, on , by section 74 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
        • Section 138E(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).