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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:

"When you can share a withdrawal notice and its evidence"

Illustration for Residential Tenancies Act 1986

You must not share a notice of withdrawal or its evidence unless allowed. You can share it if the tenant agrees or you need legal advice. You can also share it for legal proceedings about the tenancy. You can share it in other situations, like those prescribed by regulations or allowed by law. If you share it without permission, you do something unlawful. The law says what you can and cannot do with this information, as stated in section 56B(8) and other parts of the Act.

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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.

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Part 2Tenancy 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).