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Residential Tenancies Act 1986

Miscellaneous provisions

137A: Only 1 penalty type for same conduct

You could also call this:

“You can only get one type of punishment for the same wrong thing you did in a tenancy.”

You can only receive one type of penalty for the same conduct related to a tenancy. The types of penalties include fines, infringement fees, imprisonment, pecuniary penalties, or exemplary damages. If you receive one of these penalties, you can’t be given another type for the same behaviour.

For example, if you are fined for something you did wrong in a tenancy, you won’t also go to prison or pay exemplary damages for that same action.

However, even if you get one of these penalties, you might still have to pay damages or compensation to someone else. This doesn’t include exemplary damages, which are a type of penalty.

If you want to know more about the different types of penalties, you can look at subsection (2) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453801.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
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Part 5 Miscellaneous provisions

137AOnly 1 penalty type for same conduct

  1. If a type of penalty described in subsection (2) is imposed on a person in relation to conduct relating to a tenancy, the other type of penalties described in that subsection cannot be imposed on the person in relation to the same conduct.

  2. The types of penalty are—

  3. a fine, an infringement fee, or a term of imprisonment under this Act or any other Act:
    1. an order to pay a pecuniary penalty under this Act:
      1. an order to pay an amount in the nature of exemplary damages under this Act.

        1. The imposition of a penalty described in subsection (2) on a person does not affect or limit the person’s liability to pay damages or compensation (other than an amount in the nature of exemplary damages) in relation to the same conduct.

        Notes
        • Section 137A: inserted, on , by section 73 of the Residential Tenancies Amendment Act 2020 (2020 No 59).