Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Residential Tenancies (Damage Insurance) Amendment Bill (Consistent) [2006] NZBORARp 12 (24 March 2006)

Last Updated: 9 December 2018

Residential Tenancies (Damage Insurance) Amendment Bill

24 March 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: RESIDENTIAL TENANCIES (DAMAGE INSURANCE) AMENDMENT BILL

1. We have considered the Residential Tenancies (Damage Insurance) Amendment Bill (‘the Bill’), a Member’s Bill in the name of Maryan Street MP, for consistency with the New

Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced to the House of Representatives on 16 March 2006 and is currently awaiting its first reading. The Ministry understands that the next Members’ Day is scheduled for 29 March 2006.

2. The Bill amends the Residential Tenancies Act 1986 to protect tenants against personal liability for major damage caused to premises that they played no part in causing. The Bill provides that landlords must insure the interests of tenants against liability for damage to the premises. This requirement does not apply where the damage was intentional and the tenant was personally liable for it. The Bill also provides that the tenant has no liability in the event that the landlord fails to take out such insurance.
   
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Residential Tenancies (Damage Insurance) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.