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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

109D: Considerations for Tribunal in determining pecuniary penalty

You could also call this:

“The Tribunal looks at many things to decide how much money a landlord should pay if they break the rules.”

When the Tribunal decides on a suitable money penalty, they need to think about all the important things related to the situation. Here’s what they look at:

They consider how serious the unlawful act was and how much it affected people. They also think about whether anyone lost anything or was hurt because of what happened.

The Tribunal looks at whether the landlord made any money or avoided losing money by doing the unlawful thing. They also pay attention to what was going on when the unlawful act happened.

All of these things help the Tribunal figure out what a fair money penalty should be for the landlord who broke the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453118.

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Housing and property > Renting
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109C: Maximum amount of pecuniary penalty, or

“A fine of up to $50,000 can be given for breaking this law”

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109E: Only 1 pecuniary penalty order may be made for same conduct, or

“A landlord can only be punished once with a money fine for doing the same wrong thing.”

Part 3 The Tenancy Tribunal
Enforcement and offences

109DConsiderations for Tribunal in determining pecuniary penalty

  1. In determining an appropriate pecuniary penalty, the Tribunal must have regard to all relevant matters, including—

  2. the nature and extent of the unlawful act; and
    1. the nature and extent of any loss or damage suffered by any person because of the unlawful act; and
      1. any gains made or losses avoided by the landlord in the unlawful act; and
        1. the circumstances in which the unlawful act took place.

          Notes
          • Section 109D: inserted, on , by section 59 of the Residential Tenancies Amendment Act 2020 (2020 No 59).