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Residential Tenancies (Safe and Secure Rentals) Amendment Bill (Consistent) (Section) [2016] NZBORARp 33 (17 August 2016)

Last Updated: 11 January 2019

2016_3300.jpg

17 August 2016

Hon Christopher Finlayson QC, Attorney-General

LEGAL ADVICE

LPA 01 01 21

Consistency with the New Zealand Bill of Rights Act 1990: Residential Tenancies

(Safe and Secure Rentals) Amendment Bill

1. We have considered whether the Residential Tenancies (Safe and Secure Rentals) Amendment Bill (‘the Bill’), a member’s Bill in the name of Metiria Turei MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act

1990 (‘the Bill of Rights Act’).

2. The Bill amends the Residential Tenancies Act 1986. The purpose of the Bill is to strengthen tenants’ rights and promote secure, long-term tenancies. The Bill seeks to do this by:

a. providing for existing tenants to have a right of renewal b. setting out the criteria for any future rent increase

c. removing the legal obligation on tenants to pay the leasing fee d. setting a default three year term for a fixed tenancy

e. increasing the minimum period between rent increases from 180 days to one year, and


  1. removing landlords’ ability to give a reduced period of notice when the rental premises are sold.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel


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