Minor Alterations to Rental Properties in New Zealand
Residential tenancy law in New Zealand governs the rights and obligations of both tenants and landlords concerning rental properties. While tenants generally require the landlord's consent for making changes to the premises, specific provisions exist within the law that allow for "minor alterations" under certain conditions [Source: Residential Tenancies Act 1986, s 42B].
What is a "Minor Alteration"?
A "minor alteration" is defined by law as a change that:
- has no more than a minor impact on the landlord’s ability to let the premises to a future tenant;
- does not require any building consent, or any other consent under any other enactment (such as resource consent);
- does not contravene any other enactment; and
- does not penetrate a waterproof membrane [Source: Residential Tenancies Act 1986, s 42B(2)].
To provide clarity, the Residential Tenancies (Minor Changes) Regulations 2022 list specific examples of what typically qualifies as a minor alteration. These examples include:
- Installing picture hooks or other fasteners for hanging pictures, provided they can be removed without causing damage to the walls [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(a)].
- Installing child safety locks on cupboards or drawers [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(b)].
- Installing curtain brackets and curtains [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(c)].
- Installing internal safety gates [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(d)].
- Installing a dishwasher or washing machine if suitable plumbing connections are already available [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(e)].
- Installing non-permanent security stays on windows [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(f)].
- Installing garden boxes or planters [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(g)].
- Removing non-structural curtains or blinds [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(h)].
- Installing certain household appliances [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(i)].
- Installing low-flow showerheads [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(j)].
- Relocating an existing garden [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(k)].
- Replacing existing light fittings [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(l)].
- Installing visual fire alarms [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(1)(m)].
Conversely, the regulations also specify actions that are not considered minor alterations. These include painting, removing or altering carpets or other floor coverings, making structural changes, or making changes that affect soundproofing or weatherproofing of the property [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(2)]. Any changes requiring building consent or resource consent are also explicitly excluded from being minor alterations [Source: Residential Tenancies (Minor Changes) Regulations 2022, reg 5(2)(e), reg 5(2)(f)].
Tenant's Rights and Obligations for Minor Alterations
A tenant is generally permitted to make a minor alteration to a rental property without the landlord's prior consent, provided the alteration meets the statutory definition of a minor change [Source: Residential Tenancies Act 1986, s 42B(1)]. However, the landlord may impose reasonable conditions on how the alteration is made [Source: Residential Tenancies Act 1986, s 42B(6)].
The tenant holds the responsibility for:
- Costs: Bearing the full cost of the alteration and any associated expenses [Source: Residential Tenancies Act 1986, s 42B(7)].
- Restoration: Ensuring the premises are restored to substantially the same condition as they were in before the alteration was made, unless the landlord explicitly agrees otherwise. This restoration must be completed before the tenancy ends [Source: Residential Tenancies Act 1986, s 42B(7)].
Landlord's Right to Refuse Consent
A landlord may refuse consent for a proposed alteration if it does not meet the legal criteria for a minor change—for instance, if it requires building consent or would penetrate a waterproof membrane [Source: Residential Tenancies Act 1986, s 42B(5)].
For changes that are not classified as minor, a tenant must obtain the landlord's written consent [Source: Residential Tenancies Act 1986, s 42B(4)]. If a non-minor change specifically relates to the tenant's disability, the landlord cannot unreasonably withhold consent [Source: Residential Tenancies Act 1986, s 42B(4)].
Should a landlord fail to uphold their obligations regarding consent for minor changes, the tenant has the right to apply to the Tenancy Tribunal, a judicial body established to resolve disputes between landlords and tenants, for a resolution [Source: Residential Tenancies Act 1986, s 42B(8)].
When to Seek Independent Legal Advice
Individuals seeking clarification on specific situations involving residential tenancies, particularly regarding alterations to rental properties, are encouraged to consult independent legal professionals. Information can also be obtained from official government bodies such as Tenancy Services or by contacting Community Law Centres for free legal assistance [https://communitylaw.org.nz/].
Key Resources
- Residential Tenancies Act 1986: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
- Residential Tenancies (Minor Changes) Regulations 2022: https://www.legislation.govt.nz/regulation/public/2022/0060/latest/whole.html
- Tenancy Services (Ministry of Business, Innovation & Employment): https://www.tenancy.govt.nz/
- Community Law Centres: https://communitylaw.org.nz/