As Auckland Council moves away from the ‘Pay as you throw’ bin tag system to a rates-funded collection service, landlords need to understand their rights and obligations under the Residential Tenancies Act (RTA). While every tenancy situation is unique and specific circumstances matter, here is some general guidance to help you manage waste collection costs with your tenants.
The Key Changes
Auckland Council is implementing a standardised waste collection service across the region, with different areas transitioning between December 2024 and September 2025. The new annual charges will be:
- Standard bin (120L): $174.77 (this cost has already been priced into this year’s rates)
- Smaller bin (80L): $145.24
- Larger bin (240L): $290.09
Can You Pass Bin Upgrade Costs to Tenants?
The short answer is generally no. Here’s why:
Section 39 RTA Analysis
Section 39 provides for landlords to be responsible for all general rates-related costs. Since the new bin collection charge will be incorporated into the general rates, the cost (including any upgrade charges) falls squarely on the landlord’s shoulders. This applies even when a tenant requests a larger bin size, which results in an additional cost of $115.32.
As APIA General Manager Sarina Gibbon explains: “Even if the top-up invoice is not specifically narrated as part of the rate bill, it is still unlikely for landlords to cleave the charge out from section 39(2)(a) because the Council has been very explicit that bin collection is under a rates-funded model.”
Section 28 RTA Consideration
While Section 28 of the RTA allows for rent increases when facilities or services are improved, attempting to use this provision for bin upgrades would likely be problematic:
- The cost differential ($115.32) is relatively...
