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Residential Tenancies Act 1986

Administration - Improvement notices

126M: Objection to improvement notice

You could also call this:

“If you don't agree with a notice telling you to fix something, you can ask a special group to look at it again.”

If you receive an improvement notice, you can object to it by filing an objection with the Tenancy Tribunal. You need to do this within 28 days of getting the notice.

When the Tribunal looks at your objection, they will think about a few things. They’ll consider if you have not followed, or might not follow, a rule in the Residential Tenancies Act, its regulations, or your tenancy agreement. They’ll also look at how serious this failure is or might be. Lastly, they’ll think about how this affects other people involved in the tenancy agreement.

After thinking about all these things, the Tribunal can decide to keep the improvement notice as it is, change it, or cancel it completely. They will do what they think is right based on the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453520.

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126L: Chief executive may withdraw improvement notice, or

“The boss can take back a notice that tells someone to fix a problem, but they can still give a new one later if needed.”

Next

126N: Chief executive may accept enforceable undertakings, or

“The boss of a government office can make a deal with renters or landlords to fix problems or pay money they owe.”

Part 4 Administration
Improvement notices

126MObjection to improvement notice

  1. A person who has been issued with an improvement notice may file an objection with the Tribunal.

  2. An objection must be filed with the Tribunal within 28 days after the date on which the improvement notice was served on the person.

  3. In determining the objection, the Tribunal must consider—

  4. whether the person has failed, or is likely to fail, to comply with a specified provision of this Act, of regulations made under this Act, or of a tenancy agreement; and
    1. the nature and extent of the failure or likely failure to comply with the provision; and
      1. the nature and extent of any loss suffered by any other party to the tenancy agreement as a result of the failure or likely failure to comply with the provision.

        1. The Tribunal may confirm, vary, or rescind the improvement notice as the Tribunal thinks fit.

        Compare
        Notes
        • Section 126M: inserted, on , by section 70 of the Residential Tenancies Amendment Act 2020 (2020 No 59).