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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

56E: Disclosure of notice of withdrawal or accompanying evidence

You could also call this:

“Rules for sharing a tenant's withdrawal notice or evidence”

You can’t share a notice of withdrawal or any evidence that goes with it unless you’re allowed to. This applies if you’re a landlord or someone else who has been given permission to deal with these notices.

You can only share the notice or evidence if:

  • The tenant who gave the notice says it’s okay
  • You need to get legal advice about it
  • You’re using it for legal reasons, like solving a disagreement about the tenancy
  • The rules say it’s okay to share it for a specific reason
  • The law says you have to share it

If you share the notice or evidence when you’re not supposed to, you’re breaking the 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=LMS533569.

Topics:
Housing and property > Renting
Rights and equality > Privacy
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56D: Termination where it would be unreasonable to require remaining tenant to continue with tenancy, or

“Ending a tenancy when it's too hard for the remaining renter to keep living there after someone else moves out”

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57: Effect on subtenancy of termination of head tenancy, or

“When a main rental agreement ends, it can affect the agreements of people renting from the main tenant.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

56EDisclosure of notice of withdrawal or accompanying evidence

  1. A landlord, or a person or class of person prescribed for the purposes of section 56B(8), must not disclose the whole or part of a notice of withdrawal under section 56B(1), or any of the accompanying qualifying evidence, unless the disclosure is permitted by subsection (2).

  2. The disclosure is permitted if it—

  3. is with the consent of the tenant who gave the notice; or
    1. is for the purpose of seeking legal advice; or
      1. is for the purposes of, or in connection with, any legal proceedings or procedure under this or any other Act to settle a dispute between the landlord and the tenant, or between the landlord and a guarantor of the tenant, in relation to the tenancy; or
        1. is of a type, or in circumstances, prescribed by regulations for the purposes of this section; or
          1. is otherwise authorised or required by or under any enactment or rule of law.

            1. A person who contravenes subsection (1) commits an unlawful act.

            Notes
            • Section 56E: inserted, on , by section 39 of the Residential Tenancies Amendment Act 2020 (2020 No 59).