Changes affecting landlords and tenants
Will is • 22 January 2021
Did you know there are a few significant changes to the Residential Tenancies Act 1986?
Changes have already come into effect on 12 August 2020, including:
- The Residential Tenancies Act will not apply to transitional and emergency housing.
- Rent can now only be increased once every 12 months (previously every 6 months).
More changes are to take effect on 11 February 2021, including:
- Landlords cannot end a periodic tenancy without cause by providing 90 days’ notice, as they have been able to do in the past.
- All fixed-term tenancy agreements will convert to periodic tenancies at the end of the fixed term unless:
- The parties agree otherwise
- The tenant gives a 28-day notice; or
- The landlord gives notice according to the termination grounds for periodic tenancies. Note: The termination notices issued by a landlord will be increasing to either 63 days or 90 days depending on the grounds for the notice.
- Tenants can now ask to make changes to the property and landlords must not decline if the change is minor, landlords must respond to a tenant’s request within 21 days.
- Rental bidding is prohibited. Rental properties must be advertised with a rental price listed, and landlords cannot invite or encourage tenants to bid on the rental
- Tenants can request to install fibre, and landlords must approve if it will be no cost to the landlord, unless specific exemptions apply.
- A suppression order can remove names and identifying details from published Tenancy Tribunal decisions.
- Requests to assign a tenancy must be considered, landlords cannot decline unreasonably. If a residential tenancy agreement prohibits assignment, it has no effect.
- Landlords must provide a tenancy agreement in writing, otherwise will be committing an unlawful act. Landlords will need to retain and provide new types of information to tenants, including any fees to be charged on agreement to assignment, subletting or ending a tenancy. On request, landlords will be obligated to provide the records relating to healthy homes standards.
- Enforcement measures are being strengthened. Penalty levels for exemplary damages and fines will increase by between 50-80%.
- The Tenancy Tribunal’s jurisdiction for cases and awards will increase from $50,000 to $100,000.
Another change will take effect on 11 August 2021 (or earlier if the Government agrees):
- Tenants experiencing family violence will be able to withdraw with 2 days’ notice from a tenancy without financial penalty.
For more information, check out the Tenancy Services Website: https://www.tenancy.govt.nz/law-changes/
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20 September 2026
He taonga to mokopuna, kia whāngaia, kia tipu, kia rea - a child is a treasure, to be nurtured, to grow, to flourish. A common thing we hear from clients is "I want custody of my children." While most people understand what "custody" means, the reality is that custody is no longer a legal term used in New Zealand family law. In fact, the term was removed from our legislation more than 20 years ago. So, what changed? The Care of Children Act 2004 replaced the old concepts of "custody" and "access" with language that focuses more directly on children's needs and parental responsibilities. Instead of talking about custody, the Family Court now talks about: Day-to-day care (who the child lives with and who looks after them on a daily basis); and Contact (the time a child spends with a parent or other important person when they are not in that person's care). The change was intentional. The law moved away from language that can sound like a child is something to be "owned" or "won" by one parent. What does "day-to-day care" mean? Day-to-day care refers to the practical care of a child, including: Where the child lives; Their daily routine; School attendance; Meals, bedtime, and general supervision; and The everyday decisions involved in raising them. A parent can have: Sole day-to-day care; or Shared day-to-day care arrangements. There is no legal presumption that one parent should have day-to-day care over the other. The Court's focus is always on what is in the child's welfare and best interests. What about "contact"? What many people previously called "access" is now referred to as contact . Contact can take many forms, including: Weekend visits; School holiday time; Telephone calls; Video calls; Supervised contact; or Other arrangements that allow a child to maintain a relationship with an important person. The Court recognises that children generally benefit from having ongoing relationships with both parents, provided doing so is safe and in their best interests. Does this mean I can't say "custody"? Not at all. Many people still use terms like "custody," "shared custody," and "access" in everyday conversation, and most lawyers will understand exactly what you mean. However, if you're involved in Family Court proceedings, you'll hear terms such as: Day-to-day care Contact Guardianship Parenting orders These are the legal concepts that will appear in Court documents and orders. Why does the language matter? The shift away from "custody" reflects a broader change in how New Zealand family law views parenting after separation. Rather than focusing on which parent "gets" the child, the law focuses on: The child's welfare and best interests; Maintaining important relationships; Encouraging parents to work together where possible; and Ensuring children are protected from harm. Ultimately, Family Court decisions are not about determining a "winner" and a "loser." They are about creating arrangements that best support the child's wellbeing. As family lawyers , we offer advice, guidance and representation in family law matters, if you would like assistance or to talk to someone, contact us today. Written by: Eva Leutele


