The residential tenancies act 1986

The Residential Tenancies Act is a legal framework that guides the relationship between landlords and tenants in New Zealand. It aims to make renting a fair and smooth experience for both sides. Some of the key aspects of the Act are:

It ensures that rental properties are safe and healthy, and makes landlords follow the healthy homes’ standards – see more about this below.
It protects tenants from excessive rent hikes by allowing only one rent increase per year, and making landlords give at least 60 days’ notice before raising the rent.
It prevents landlords from charging unreasonable amounts of money as a bond or rent in advance, by capping the bond at four weeks’ rent and the advance rent at one week’s rent.
It clarifies the reasons and methods for ending a tenancy, and gives tenants more stability by lengthening the notice periods for some kinds of termination.
It creates the Tenancy Tribunal as an impartial authority that can settle conflicts between landlords and tenants, and uphold the act.
It imposes penalties and remedies for violations of the act, such as unlawful eviction, damage to property, or harassment.

HEALTHY HOME STANDARDS

The healthy homes standards became law on 1 July 2019 and introduced specific and minimum standards for heating, insulation, ventilation, moisture entry and drainage, draught stopping, and smoke alarms in rental properties.

Between 1 July 2021 and 1 July 2025, all private rentals must comply with the healthy homes’ standards within certain timeframes from the start of any new, or renewed, tenancy. Different timeframes depend on the type of rental home. The standards are intended to benefit both landlords and tenants by reducing health risks, maintenance costs, and disputes.

By making your rental property compliant with healthy homes standards, you will not only meet your legal obligations as a landlord, but also provide a warmer, drier and healthier home for your tenants.

CHANGES TO BE MADE TO THE RESIDENTIAL TENANCIES AMENDMENT ACT 2020

Some significant changes were introduced in The Residential Tenancies Amendment Act 2020. One of the changes meant landlords lost the ability to end a tenancy without giving a reason, provided they gave 90 days’ notice. The current Government plans to reinstate the prior law which means that landlords will, again, be able to give notice to their tenants to move out without providing a reason why.

The Government also intends to reduce tenants’ required notice period for the end of a periodic tenancy from 28 days to 21, and will reduce the amount of time that landlords have to give if they want to sell, do renovations, redevelop, or move in to a property from 90 days to 42.

Investors will regain their ability to deduct home loan interest costs from their rental income for tax purposes and the Bright-line test will return to two years. The previous Government pushed out the amount of time that investors had to hold on to an existing property to avoid being charged tax on any capital gains, to 10 years. The Government has said it will return this to the original two years.

There may also be a change to allow landlords to ask for extra rent to cover potential damage to a rental property from an animal. At the moment, landlords cannot charge more than four weeks’ rent as a bond.

"Custody" isn't actually a legal word in NZ anymore - here's what we say instead

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

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Spotlight on Casey Hucker | Property Lawyer

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