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Residential Tenancies Act 1986

Administration - Enforceable undertakings

126N: Chief executive may accept enforceable undertakings

You could also call this:

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

The chief executive and you as a party to a tenancy can agree in writing that you will do certain things by a specific date. This is called an enforceable undertaking. You might agree to fix something you did wrong according to the Residential Tenancies Act, its regulations, or your tenancy agreement. You could also agree to pay money you owe to another party involved in the tenancy. The chief executive might also ask you to do something else they think is right based on what you did wrong.

If you agree to an enforceable undertaking, it doesn’t mean you’re saying you’re guilty of doing something wrong. It’s just an agreement to fix things or make them right.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453523.

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

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126O: When enforceable undertaking is enforceable, or

“An enforceable undertaking becomes active when the boss accepts it or on a later date they choose.”

Part 4 Administration
Enforceable undertakings

126NChief executive may accept enforceable undertakings

  1. The chief executive and a party to a tenancy may agree in writing that the party will undertake by a specified date (an enforceable undertaking) to—

  2. rectify the breach of any provision of this Act, of regulations made under this Act, or of a tenancy agreement; or
    1. pay money owed to another party to the tenancy under this Act, of regulations made under this Act, or of a tenancy agreement; or
      1. take any other action that the chief executive determines is appropriate, having regard to the nature of the breach.

        1. The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

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