The following answers reflect our current understanding of rental business operation under the COVID-19 Protection Framework. In putting these answers together, we have consulted guidances from the REA, REINZ (here and here), CHASNZ, business.govt.nz and Unite against COVID-19. These answers and our views are subject to change to reflect the (soon to be available) Tenancy Services guidance and the rapidly changing environment we, and the rest of the world, find ourselves in vis-à-vis the COVID pandemic.

We will continue adding to this FAQ document. Please check back soon.

Q. Can I ask current/prospective tenants for their vaccination status?

In general, no. 

Information privacy principle 1 requires landlords to only collect information from tenants that is necessary for a lawful purpose that is connected to their functions/activities as landlords. In general, we don’t see how a tenant’s vaccination information is a linchpin to any of her landlord’s duties or rights.

In the (general) case of prospective tenants, vaccination is not a determinative nor absolute indicator of an applicant’s ability to pay rent. In the (general) case of current tenants, there is no lawful basis for landlords to withhold the performance of duties (such as repair and maintenance) for unvaccinated tenants. In many cases, there are several viable workarounds for landlords to carry on the business of renting without having to find out whether their tenants are vaccinated.

In exceptional circumstances where the collection is absolutely necessary, the landlord will need to be able to clearly articulate a legitimate reason and demonstrate that he has no other viable options. 

Q: I would...