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Residential Tenancies Act 1986

Miscellaneous provisions

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

You could also call this:

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

The Governor-General can make rules about leaving a tenancy because of family violence. These rules can say what information you need to put in a notice when you want to leave. They can also say who can give evidence that you’ve experienced family violence and what kinds of evidence are okay.

The rules can say which types of tenancies don’t have to have their rent reduced when someone leaves because of family violence. This includes some special types of housing and some types of landlords.

The rules can also say when it’s okay to share information about someone leaving because of family violence.

Before making these rules, the Minister has to talk to the Minister of Justice. For some types of tenancies and landlords, the Minister can only make rules if they’re sure the rent will still be reduced for the people who stay, even if it’s not reduced in the same way as usual.

The rules can be different for different types of people, homes, or tenancies.

There’s a special type of tenancy called a PACHMA tenancy, which is explained in another part of the law.

These rules are a type of law called secondary legislation, which means they have to be published in a certain way.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS408420.

Topics:
Housing and property > Renting
Family and relationships > Children and parenting
Crime and justice > Victim support
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Part 5 Miscellaneous provisions

138FRegulations relating to withdrawal from tenancy following family violence

  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 56B(1)(b):
    1. persons, or classes of persons, whose declarations are qualifying evidence for the purposes of section 56B(8):
      1. types of qualifying evidence under section 56B(8):
        1. PACHMA tenancies, or classes of PACHMA tenancies, in relation to which rent is not to be reduced under section 56B(3)(d) and (5):
          1. other tenancies, or other classes of tenancies, in relation to which rent is not to be reduced under section 56B(3)(d) and (5):
            1. landlords, or classes of landlords, in relation to whose tenancies rent is not to be reduced under section 56B(3)(d) and (5):
              1. types of permitted disclosure, or circumstances in which disclosure is permitted, under section 56E.

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

                2. The Minister must not recommend the making of regulations under subsection (1)(e) unless satisfied that, following any withdrawal under section 56B from tenancies, or classes of tenancies, prescribed by those regulations,—

                3. the landlords of those tenancies will reduce the rent for which any remaining tenants under that section are liable; and
                  1. the reduction will be the same or substantially the same as, or greater than, the reduction that would otherwise have applied under section 56B(3)(d) and (5).

                    1. The Minister must not recommend the making of regulations under subsection (1)(f) unless satisfied that, following any withdrawal under section 56B from tenancies of the landlords, or classes of landlords, prescribed by those regulations,—

                    2. those landlords, or classes of landlords, will reduce the rent for which any remaining tenants under that section are liable; and
                      1. the reduction will be the same or substantially the same as, or greater than, the reduction that would otherwise have applied under section 56B(3)(d) and (5).

                        1. Regulations under this section may make different provision for different classes of persons, premises, or tenancies.

                        2. In this section, PACHMA tenancy has the meaning given to it by section 56B(8).

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

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