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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

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

You could also call this:

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

If you’re a landlord and you do something that breaks the rules in more than one way, you can be charged for breaking any of those rules. However, you can only be given one money penalty for that specific action, even if it breaks multiple rules. This means that even if you’ve done something wrong in several ways, you won’t have to pay multiple fines for the same mistake.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453120.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
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109D: Considerations for Tribunal in determining pecuniary penalty, or

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

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Part 3 The Tenancy Tribunal
Enforcement and offences

109EOnly 1 pecuniary penalty order may be made for same conduct

  1. If conduct by a landlord constitutes an unlawful act under 2 or more provisions, proceedings may be brought against that landlord for the unlawful act under any 1 or more of the provisions, but no landlord is liable to more than 1 pecuniary penalty order for the same conduct.

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