109BTribunal may make pecuniary penalty orders

1. The Tribunal may, on the application of the chief executive, order a landlord to pay to the Crown the pecuniary penalty that the Tribunal determines to be appropriate if the Tribunal is satisfied that,—

2. at the time of committing the unlawful act, the landlord was—
   1. a landlord of 6 or more tenancies (see section 2(2B) to (2D)); or
   2. a landlord of a boarding house; and
3. the landlord intentionally committed an unlawful act under any of the following provisions:
   1. section 45(1A) or 66I(4) (landlord’s responsibilities: cleanliness, maintenance, smoke alarms, healthy homes standards, and buildings, health, and safety requirements):
   2. section 45(1AB) or 66I(5) (landlord’s responsibilities: contaminated premises):
   3. section 54(6) (retaliatory notice of termination):
   4. section 60AA (acting to terminate without grounds):
   5. section 137(2) (contracting to contravene or evade the provisions of this Act).

4. The chief executive may not make an application under subsection (1) later than 12 months from the date on which the chief executive first became aware of the unlawful act.

Notes

• Section 109B: inserted, on 11 February 2021, by section 59 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
• Section 109B(1)(b)(iii): amended, on 30 January 2025, by section 41 of the Residential Tenancies Amendment Act 2024 (2024 No 52).