Exemplary Damages for Pet Request Breaches NZ: The $1,500 Penalty

What Exemplary Damages Are

Exemplary damages under the Residential Tenancies Act 1986 are civil penalties awarded by the Tenancy Tribunal to punish unlawful conduct. They are not compensation for loss — they sit on top of any actual damage award. Schedule 1A sets the maximum for each type of breach.

For pet-related breaches, the cap is $1,500 per landlord offence and $750 per tenant offence.

The Landlord Penalty Matrix

Seven pet-related breaches can trigger exemplary damages against landlords:

Missed deadline (Section 42E(5)) — up to $1,500. Failing to respond in writing to a pet request within 21 calendar days without reasonable excuse. The most common trap for self-managing landlords. Silence is an unlawful act; it does not constitute deemed consent.

Groundless refusal (Section 42E(6)) — up to $1,500. Refusing a pet request without citing specific reasonable grounds under Section 42F. A one-line "request declined" or a vague reference to "property concerns" is not enough.

Blanket ban clause (Section 42D(3)) — up to $1,500. Including a clause in a tenancy agreement made on or after 1 December 2025 that prohibits pets without specifying valid reasonable grounds under Section 42F. Section 42D(1) and (2) do not apply to agreements made before that date.

Excess pet bond (Section 18AA(5)) — up to $1,500. Demanding a pet bond that exceeds two weeks' rent, charging a per-pet bond (only one bond per tenancy is allowed), or requiring a pet bond from a tenant who does not keep or intend to keep a pet.

Disability assist dog bond (Section 18AA(5)) — up to $1,500. Requiring a pet bond for a certified disability assist dog. Assist dogs are excluded from the definition of "pet" under Section 2(1), so the pet-consent and pet-bond conditions do not apply.

Unlawful fees (Section 18A) — up to $1,500. Charging non-refundable pet fees, administration charges, or requiring the tenant to purchase pet insurance as a condition of consent. A pet bond is the only additional pet-related security payment authorized by the Act.

Bond duties (Section 19(2)) — up to $1,500. Failing to give a receipt or lodge a bond, including a pet bond, within the statutory timeframe.

The Tenant Penalty

Keeping a pet without consent (Section 42C(2)) — up to $750. A tenant who introduces a pet without written consent or a permitting clause in the agreement commits an unlawful act.

How the Tribunal Decides the Amount

The $1,500 figure is the maximum, not the standard award. The Tribunal considers the nature and seriousness of the breach, whether it was deliberate or negligent, and whether the landlord has a history of non-compliance. A first-time missed deadline with a genuine administrative explanation may attract a lower award. A deliberate blanket refusal designed to deter all pet requests may attract the full amount.

If a landlord responds late and also refuses without reasonable grounds, the Tribunal can assess the alleged unlawful acts. The statutory caps are maximums, not automatic awards.

Protecting Yourself

Every penalty on this list is avoidable with a documented process: log the request date, calculate the deadline, assess against the statutory grounds, respond in writing, and keep copies. The 21-day deadline and the requirement for evidence-based reasoning are the two points where most landlords fail.

Our Pets in Rentals NZ guide walks through the full compliance process with deadline trackers and decision worksheets designed to keep you on the right side of every Section in this penalty matrix.

See more New Zealand guides →