Members Area
    
 
   

CIVIL LAW

Residential Tenancies

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


This site is duplicated under the topics - Tenants,  Landlords and Residential Tenancies and Flatting - Know Your Rights.

 

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

We will give you a wide range of tips, advice and relevant and useful links.

Most of this Index Site relates to residential tenancies where a private person or a family is renting accommodation from a landlord. The Residential Tenancies Act 1986 and its various amendments, apply to this type of tenancy.

If you want legal information on commercial leases, we have a specialist topic -

Commercial Leases 

Commercial premises are not covered by the Residential Tenancies Act 1986. Different rules apply. Landlords and tenants of commercial properties are able to come to their own agreements in relation to their rights and responsibility.

With residential tenancies,  a landlord is not entitled to distrain for rent (seize and sell the tenantโ€™s goods in certain circumstances) for non payment of rent.   This is not allowed and,  in fact, is an offence under the Residential Tenancies Act 1986 for non commercial tenancies.

But even commercial premises cannot

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback/Blogs/Reviews from related topic: Community Law Centres
"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
Feedback/Blogs/Reviews from related topic: Community Law Centres
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Community Law Centres
"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.

Steve H. Auckland"

"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon

Netlaw replies: A really difficult problem.

Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.

Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.

Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.

You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.

There are no cheap, quick and easy legal remedies apart from the matters referred to above.

Hope this short overview helps.


"

Feedback/Blogs/Reviews from related topic: Community Law Centres
"My wife and I found this a valuable site. We discovered that the Court staff were not very helpful so if you are filing your own papers then you should make sure you convince them that you know what you are talking about. In the end, the Court staff realised that we knew as much as any lawyer on the topic and we won most of what we wanted. Thanks to you people at Netlaw.

G & J June 2007"

"Hi Richard
I would like to get your thoughts on a proposal I am thinking of putting to our neighbours at a Settlement Conference on Monday. They have applied for an Order to have trees removed in our property under Section 129C of the Property Law Act 1952. It looks unlikely that either party will concede so I was going to suggest that both parties agree to the Conference Judge making a decision based on the facts presented and on the Property Law Act provisions. We would agree to abide by the decision and not appeal providing our neighbours agreed to do the same. This would save the expense and time of a full Court hearing if we otherwise dont reach settlement through the Monday Conference. The outcome should be the same-we are both representing ourselves. I guess if the Judge decides an Order for removal should be made he would have to formalise this through a Court procedure in terms of the Property Law Act but hopefully not through a normal hearing. Would appreciate your comments on this approach. Has it been done to your knowledge, is it feasible, are there any fatal flaws in the idea ?
Cheers Barry C. June 2007"

"Good Morning,

Anything can be done as a Judicial Settlement Conference provided it is done "by consent". We have not heard of a binding decision being made by a Judge at such a Conference in the Civil Court but is has been done by agreement in the Family Court particularly in the urgent situations of Christmas access being arranged at the last minute and the Judge convening a Mediation Conference and both parties agreeing that the Judge can determine such access on the facts.

But there is nothing to stop you trying to persuade the other side to let the Judge make a decision the Judicial Settlement Conference. However, the Judge would have to have all of the information before him or her at the time and this will include photographs and possibly even going out to have a "view" of the site. We have long advocated that there ought to be a system like this within our judicial system, perhaps by way of a souped up Disputes Tribunal presided over by a trained but energetic and innovative legally trained Referee. But we have not got to that stage yet.

By all means, give it your best shot on Monday. Put your case forward in a very well-prepared manner and be totally objective and fair-minded. you may well find that the Conference proceeds in a way favourable view and therefore you are entitled to drop into the discussions from time to time "Well, Judge, why cannot be settled on that basis?" You might well find that the other side does settle and agree and the Judge this then able to wrap it all up with an appropriate order.

Best of luck . . . Netlaw
"

"Thanks Netlaw
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . Barry - June 21 2007
"

"Bloody, bloody, bloody helpful. Worth the $45 alone!!! I threatened my neighbours (nicely) with a letter and a bundle of the documents you suggested and they agreed to take down two trees. No lawyers involved. You guys empowered me and I did it myself, successfully. Jim D. Blenheim"
"Thanks Netlaw,
You really gave us the tools to go into court and have a confidance that we were doing the right thing. After 4 court sessions we agreed with our neighbour on the work to be done and a consent order was issued by the court. The trees are now gone and we can look forward to sunlight on our house in the winter. You are helping average joe kiwi to get his rights.
Thanks, Matt - Taupo, February 2008
"

 Select Topic
 
 Related Topics