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Living in your house or flat: Rights and obligations

Safety: Smoke alarms and meth contamination

Residential Tenancies Act 1986, s 40(1)(ca)

Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, regs 9, 10

Your landlord has to provide smoke alarms, but you’re responsible for replacing the batteries.

Methamphetamine contaminated rentals

Residential Tenancies Act 1986, ss 45, 48

Landlords can legally test for meth while you are living there, as long as they give you 48 hours’ notice to enter (or 24 hours for a boarding house). The landlord must tell you what they are testing for and share the results with you within seven days after they get them.

Landlords can’t rent properties that they know have been contaminated without first decontaminating according to the rules in the Residential Tenancies Act. If they breach this rule, they could be fined up to $4,000.

If you as the tenant smoke, sell or make meth in a rental property, this will be a breach of your tenancy agreement. You’ll be responsible for damage from meth contamination caused by you or one of your guests.

A 2018 government report found that meth testing in residential properties is unnecessary in most cases, because there is no evidence that third-hand exposure to meth – for example, residue in a house – can affect your health.

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Tenancy and housing

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Tenancy Services – Ministry of Business, Innovation and Employment (MBIE)

MBIE’s Tenancy Services section provides information to tenants and to landlords. It also provides dispute-resolution services. Free translation services are available.

Website: www.tenancy.govt.nz
Tenancy advice: 0800 83 62 62 (0800 TENANCY).
Bond enquiries: 0800 737 666.

Ministry of Social Development – Work and Income (WINZ)

Work and Income assess eligibility for social housing provided by Kāinga Ora and other registered community housing providers. WINZ also calculates income-related rent for social housing and conducts tenancy reviews.

Website: www.workandincome.govt.nz/housing/index.html
Phone: 0800 559 009
No where to stay: www.workandincome.govt.nz/housing/nowhere-to-stay/index.html
Who can get public housing: www.workandincome.govt.nz/housing/find-a-house/who-can-get-public-housing.html
Apply for public housing: www.workandincome.govt.nz/housing/find-a-house/apply-for-public-housing.html

Kāinga Ora (formerly Housing New Zealand)

Kāinga Ora manages New Zealand’s public housing and places people in public homes.  Kāinga Ora’s website provides information for existing and prospective tenants.

Website: www.kaingaora.govt.nz
Phone: 0800 801 601
Office locations: kaingaora.govt.nz/our-locations
When to contact Kāinga Ora vs Work and Income resource: kaingaora.govt.nz/tenants-and-communities/renting-a-home

Note: to apply for a Kāinga Ora home, you need to contact Work and Income – “Ministry of Social Development – Work and Income (WINZ)” above.

Tenancy Tribunal

The Tenancy Tribunal can help you if you have an issue with a tenant or landlord that you can’t solve yourself. The Tribunal will hear both sides of the argument and can issue an order that is legally binding.

Information on how to apply to the Tenancy Tribunal: www.tenancy.govt.nz/disputes/Tribunal/making-an-application

Aratohu Tenant Advocacy

The Aratohu Tenant Advocacy is a comprehensive online resource that provides support and guidance to tenants and their advocates.

Website: tenant.aratohu.nz
Email:
admin@cab.org.nz

Tenants Protection Association Auckland (TPA)

The Tenants Protection Association provides advocacy and support to renters in Auckland.

Website: tpaauckland.org.nz
Phone: 09 360 1473

Manawatū Tenants’ Union

The Manawatū Tenants’ Union provides advocacy and support to renters in the Manawatū region.

Website: www.mtu.org.nz
Email: info@mtu.org.nz
Phone: 06 357 7435

Renters United

Renters United is an organisation for renters in Wellington. They focus on organising renters and campaigning to make renting better for everyone.

Website: rentersunited.org.nz
Online contact form: rentersunited.org.nz/contact
Instagram: www.instagram.com/fairrentnow
Facebook: www.facebook.com/rentersunitednz

Community Housing Regulatory Authority

The Community Housing Regulatory Authority registers and regulates community housing providers.

Website: chra.hud.govt.nz
Email: CHRA@hud.govt.nz
Phone: 0800 141 411

Citizens Advice Bureau (CAB)

CAB provides free, confidential and independent information and advice.  See CAB’s website for valuable information on a range of topics.

Website: www.cab.org.nz
Phone: 0800 367 222
Facebook: www.facebook.com/citizensadvicenz

Find your local CAB office: www.cab.org.nz/find-a-cab

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