Retaliatory notice (New Zealand)
A termination notice given by a New Zealand landlord principally to retaliate against a tenant for exercising a right under the Residential Tenancies Act 1986. Retaliatory notices are prohibited and can be set aside by the Tenancy Tribunal.
The Residential Tenancies Act 1986 prohibits a New Zealand landlord from ending a tenancy principally because the tenant exercised, or proposed to exercise, a right under the Act — for example, complaining about Healthy Homes compliance, applying to the Tribunal, or requesting a repair. A termination notice given for that principal reason is a retaliatory notice.
A tenant who believes a notice is retaliatory can apply to the Tenancy Tribunal to have it declared invalid. If the Tribunal agrees, the notice has no effect and the tenancy continues. The Tribunal can also order exemplary damages against a landlord for unlawful conduct under the Act.
The prohibition exists to protect the tenant’s right to enforce the Act without fear of losing their home, and it is one of the main reasons termination of a periodic tenancy now requires the landlord to cite a specific statutory ground rather than end it “without cause”.
Primary source
Tenancy Services — Tenancy Tribunal →Last reviewed 16 April 2026. Rates, thresholds, and deadlines change — always verify against the primary source before making decisions.