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I am not good at pasting pdf files to PT. Perhaps someone else could do this for me.
Glenn
I am not good at pasting pdf files to PT. Perhaps someone else could do this for me.
Glenn
Residential Tenancies (Methamphetamine) Amendment Bill Member's Bill
Explanatory note
General policy statement
The purpose of this Bill is to amend the Residential Tenancies Act 1986 to deal with the increasing presence of methamphetamine (also known as P) in tenanted proper- ties. It sets out certain rights and obligations of landlords in dealing with this issue.
The use of methamphetamine is a scourge on our society. When properties are contaminated with methamphetamine it gives rise to-
o health issues, as children and older people are particularly susceptible to the effects of methamphetamine:
o social dislocation issues, especially for people renting properties:
o the need to protect the rights of property owners. The number of residential properties owned or offered for sale that are discovered to have high levels of methamphetamine contamination is increasing. At present the commonly accepted threshold for a high level of methamphetamine contamination is at a concentration of 0.5 µg (micrograms) per 100 cm 2 . However, the accepted thresh- old may change over time; for this reason, rather than prescribing a specific threshold in the legislation, this Bill instead allows for regulations to be made prescribing the level of contamination to be regarded as high-level methamphetamine contamination. It is important that this level is set at a threshold which protects the health of New Zealanders but does not impose undue costs on tenants and landlords.
In December 2015 Prime Minister John Key announced 13 anti-drug initiatives. One of these initiatives included funding to assist with developing a standard for the test- ing and remediation of properties with methamphetamine-related contamination. Standards New Zealand has now established a working party to-
o determine the minimum threshold for the presence of methamphetamine in a property to be considered contaminated:
o prepare a standard for testing arrangements-a variable approach is currently applied by industry participants:
o prepare a standard for remediation and who will be certified to undertake a test to check that a property has been remediated.
This working party is expected to complete its findings on 1 February 2017. Its work should greatly assist in refining the Bill, and its recommendations about the appropriate contamination threshold should provide clear guidance for the regulations that will prescribe the threshold level of contamination.
The issue of requiring the landlord to disclose information on the methamphetamine contamination of a property to the New Zealand Police or the local council was considered when drafting this Bill. However, this gives rise to potential criminal proceed- ings and may result in the information being placed on the property's Land Informa- tion Memorandum (LIM) report, and careful consideration should be given to whether this would be appropriate. For this reason, should this Bill be referred to select committee, the committee should specifically examine whether such provisions would be desirable and, if so, recommend amendments that would achieve this purpose.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after the date on which it receives the Royal assent. Clause 3 provides that the Bill amends the Residential Tenancies Act 1986 (the principal Act).
Clause 4 amends section 2 to define high-level methamphetamine contamination.
Clause 5 amends section 45 to place on the landlord the obligation to provide a premises not contaminated with methamphetamine, and to inform a tenant of any methamphetamine contamination subsequently discovered.
Clause 6 amends section 48 to provide a landlord with the right to enter a premises for the purpose of testing for methamphetamine contamination (including sampling and the use of independent experts), undertaking repairs, and making an application for compulsory access.
Clause 7 amends section 59 to provide the right of either party to terminate a tenancy if a methamphetamine contamination has made the premises, or part thereof, uninhabitable.
Clause 8 inserts new section 138C to provide a regulation-making power to prescribe a level of contamination to be regarded as high-level methamphetamine contamination.
Andrew Bayly
Residential Tenancies (Methamphetamine) Amendment Bill
Member's Bill
Contents
1 Title 1
2 Commencement
3 Principal Act
4 Section 2 amended (Interpretation)
5 Section 45 amended (Landlord's responsibilities)
6 Section 48 amended (Landlord's right of entry)
7 Section 59 amended (Destruction of premises)
8 New section 138C inserted (Regulations in respect of methamphetamine contamination)
138C Regulations in respect of methamphetamine contamination
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Residential Tenancies (Methamphetamine) Amendment Act 2016 .
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act
This Act amends the Residential Tenancies Act 1986 (the principal Act).
4 Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order: high-level methamphetamine contamination means a level of methamphetamine contamination prescribed by regulations made under section 138C
5 Section 45 amended (Landlord's responsibilities)
After section 45(1)(a), insert:
(aa) not provide the premises in a state of high-level methamphetamine contamination; and
(ab) inform a tenant as soon as practicable of the results of a methamphetamine test that shows high-level methamphetamine contamination; and
6 Section 48 amended (Landlord's right of entry)
(1) After section 48(2)(b), insert:
(ba) for the purpose of carrying out testing for methamphetamine and other related substances in the premises, including undertaking any sampling, examining, use of aids and independent experts, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or
(2) After section 48(2)(da), insert:
(db) for the purpose of carrying out necessary repairs of the premises due to methamphetamine contamination, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the ten ant notice of the intended entry and the reason for it at least 24 hours be fore the intended entry; or
(3) After section 48(2), insert:
(2A) The landlord may make an application to the Tribunal for a compulsory access order to the nominated premises, and-
(a) in making this application, the landlord must-
(i) supply a copy of the prior notice issued to the tenant for access to undertake testing for methamphetamine; and
(ii) provide details of the address of the premises, and contact details of the tenant; and
(b) the Tribunal must make a determination on such an application within 10 working days after the date on which the application was filed in accord- ance with section 86.
7 Section 59 amended (Destruction of premises)
(1) In section 59(1), after "as to be uninhabitable,", insert "including as a result of high-level methamphetamine contamination,".
(2) In section 59(4), after "as to be uninhabitable,", insert "including as a result of high-level methamphetamine contamination,".
8 New section 138C inserted (Regulations in respect of methamphetamine contamination)
After section 138B, insert:
138C Regulations in respect of methamphetamine contamination
The Governor-General may, by Order in Council, make regulations prescribing a level of methamphetamine contamination to be regarded as high-level methamphetamine contamination as defined in section 2 .
Explanatory note
General policy statement
The purpose of this Bill is to amend the Residential Tenancies Act 1986 to deal with the increasing presence of methamphetamine (also known as P) in tenanted proper- ties. It sets out certain rights and obligations of landlords in dealing with this issue.
The use of methamphetamine is a scourge on our society. When properties are contaminated with methamphetamine it gives rise to-
o health issues, as children and older people are particularly susceptible to the effects of methamphetamine:
o social dislocation issues, especially for people renting properties:
o the need to protect the rights of property owners. The number of residential properties owned or offered for sale that are discovered to have high levels of methamphetamine contamination is increasing. At present the commonly accepted threshold for a high level of methamphetamine contamination is at a concentration of 0.5 µg (micrograms) per 100 cm 2 . However, the accepted thresh- old may change over time; for this reason, rather than prescribing a specific threshold in the legislation, this Bill instead allows for regulations to be made prescribing the level of contamination to be regarded as high-level methamphetamine contamination. It is important that this level is set at a threshold which protects the health of New Zealanders but does not impose undue costs on tenants and landlords.
In December 2015 Prime Minister John Key announced 13 anti-drug initiatives. One of these initiatives included funding to assist with developing a standard for the test- ing and remediation of properties with methamphetamine-related contamination. Standards New Zealand has now established a working party to-
o determine the minimum threshold for the presence of methamphetamine in a property to be considered contaminated:
o prepare a standard for testing arrangements-a variable approach is currently applied by industry participants:
o prepare a standard for remediation and who will be certified to undertake a test to check that a property has been remediated.
This working party is expected to complete its findings on 1 February 2017. Its work should greatly assist in refining the Bill, and its recommendations about the appropriate contamination threshold should provide clear guidance for the regulations that will prescribe the threshold level of contamination.
The issue of requiring the landlord to disclose information on the methamphetamine contamination of a property to the New Zealand Police or the local council was considered when drafting this Bill. However, this gives rise to potential criminal proceed- ings and may result in the information being placed on the property's Land Informa- tion Memorandum (LIM) report, and careful consideration should be given to whether this would be appropriate. For this reason, should this Bill be referred to select committee, the committee should specifically examine whether such provisions would be desirable and, if so, recommend amendments that would achieve this purpose.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after the date on which it receives the Royal assent. Clause 3 provides that the Bill amends the Residential Tenancies Act 1986 (the principal Act).
Clause 4 amends section 2 to define high-level methamphetamine contamination.
Clause 5 amends section 45 to place on the landlord the obligation to provide a premises not contaminated with methamphetamine, and to inform a tenant of any methamphetamine contamination subsequently discovered.
Clause 6 amends section 48 to provide a landlord with the right to enter a premises for the purpose of testing for methamphetamine contamination (including sampling and the use of independent experts), undertaking repairs, and making an application for compulsory access.
Clause 7 amends section 59 to provide the right of either party to terminate a tenancy if a methamphetamine contamination has made the premises, or part thereof, uninhabitable.
Clause 8 inserts new section 138C to provide a regulation-making power to prescribe a level of contamination to be regarded as high-level methamphetamine contamination.
Andrew Bayly
Residential Tenancies (Methamphetamine) Amendment Bill
Member's Bill
Contents
1 Title 1
2 Commencement
3 Principal Act
4 Section 2 amended (Interpretation)
5 Section 45 amended (Landlord's responsibilities)
6 Section 48 amended (Landlord's right of entry)
7 Section 59 amended (Destruction of premises)
8 New section 138C inserted (Regulations in respect of methamphetamine contamination)
138C Regulations in respect of methamphetamine contamination
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Residential Tenancies (Methamphetamine) Amendment Act 2016 .
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act
This Act amends the Residential Tenancies Act 1986 (the principal Act).
4 Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order: high-level methamphetamine contamination means a level of methamphetamine contamination prescribed by regulations made under section 138C
5 Section 45 amended (Landlord's responsibilities)
After section 45(1)(a), insert:
(aa) not provide the premises in a state of high-level methamphetamine contamination; and
(ab) inform a tenant as soon as practicable of the results of a methamphetamine test that shows high-level methamphetamine contamination; and
6 Section 48 amended (Landlord's right of entry)
(1) After section 48(2)(b), insert:
(ba) for the purpose of carrying out testing for methamphetamine and other related substances in the premises, including undertaking any sampling, examining, use of aids and independent experts, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or
(2) After section 48(2)(da), insert:
(db) for the purpose of carrying out necessary repairs of the premises due to methamphetamine contamination, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the ten ant notice of the intended entry and the reason for it at least 24 hours be fore the intended entry; or
(3) After section 48(2), insert:
(2A) The landlord may make an application to the Tribunal for a compulsory access order to the nominated premises, and-
(a) in making this application, the landlord must-
(i) supply a copy of the prior notice issued to the tenant for access to undertake testing for methamphetamine; and
(ii) provide details of the address of the premises, and contact details of the tenant; and
(b) the Tribunal must make a determination on such an application within 10 working days after the date on which the application was filed in accord- ance with section 86.
7 Section 59 amended (Destruction of premises)
(1) In section 59(1), after "as to be uninhabitable,", insert "including as a result of high-level methamphetamine contamination,".
(2) In section 59(4), after "as to be uninhabitable,", insert "including as a result of high-level methamphetamine contamination,".
8 New section 138C inserted (Regulations in respect of methamphetamine contamination)
After section 138B, insert:
138C Regulations in respect of methamphetamine contamination
The Governor-General may, by Order in Council, make regulations prescribing a level of methamphetamine contamination to be regarded as high-level methamphetamine contamination as defined in section 2 .
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