Security of tenure
94.
The statute governing the private rental sector, the Residential Tenancies Act 1986
(RTA), offers little protection for tenants as regards security of tenure and enables
termination of tenancy without reason, subject to due notice, of up to 90 days, being
provided. While it contains protective provisions for tenants, the RTA does not
contain any stand-alone provision that affirms any minimum right to security of
tenure for tenants (as distinct from minimum notice requirements regarding
termination) and does not impose any particular responsibilities on landlords
towards tenants with children, or vulnerable adults.
95.
Furthermore, New Zealand has one of the highest rates of residential mobility among
developed countries, nearly twice that of the United Kingdom.121 Most of this
mobility occurs in the private rental market, particularly among households with
children.122 New Zealand also has very low levels of social housing tenancies (of
which the terms of tenure are inherently more stable) and decreasing levels of home
ownership.123
96.
Moreover, families with children, particularly one-parent and Māori and Pacific
families, experience much higher levels of discrimination in the private rental market,
including disparately high rental rates,124 a factor that impacts upon the choice of
housing available.125 The 2018 Stocktake report reported that the proportion of
Māori and Pasifika families renting privately approximately doubled from 1991 to
2013, driven in part by policies designed to move people out of social housing.126 The
Minister for Housing has announced that the new Government will review the RTA
in 2018 to deliver more security of tenure to renters.127
Accessibility – Provision of social housing
97.
Against the above context, it is notable that demand for social housing support
increased around 40% between June 2016 and June 2017. The Ministry of Social
Development reported that its Housing Register, a waiting list which consists of social
housing applicants who have been assessed as being eligible for social housing and
prioritised by need, increased from 3877 to 5383.128 This corresponds with a decline
in Government-owned housing stock, brought about by the Government’s sale of
Housing New Zealand housing units to community housing providers and
developers129. Of New Zealand’s overall social housing stock of 82,000, around
62,000 are owned or managed by Housing New Zealand, 12,000 by local government
authorities and 8000 by other providers.
31