Reasonable Grounds to Refuse a Pet Request in NZ

The Default Is Yes

Section 42E(4)(a) of the Residential Tenancies Act 1986 says you must not unreasonably withhold consent. Section 42F lists examples of reasonable grounds for refusal. The burden sits with you — not the tenant — to justify a refusal.

A refusal without valid grounds is an unlawful act under Section 42E(6), carrying exemplary damages of up to $1,500 at the Tenancy Tribunal. So understanding exactly what qualifies matters.

The Six Statutory Grounds

Section 42F provides a non-exhaustive list. These are the grounds the legislation specifically recognises:

1. Property unsuitability. The physical layout makes the property genuinely unsuitable for the animal — no secure boundary fencing for a dog, an unfenced upper-floor balcony, or insufficient indoor space for a large breed in a studio unit.

2. Legal restrictions. Keeping the pet would breach a binding legal obligation — a body corporate operational rule, a covenant on the land title, or a cross-lease restriction that prohibits animals.

3. Council bylaw non-compliance. The tenant has not met mandatory local requirements. If the council limits urban properties to two dogs and the tenant already has two, a third triggers a valid refusal. A dog that is unregistered or missing a legally required microchip may also breach applicable local requirements.

4. Animal risk. The specific animal poses a genuine safety or property risk based on its species, breed, size, or documented history. A dog classified as dangerous or menacing under the Dog Control Act 1996 is a reasonable ground for refusal. The five listed menacing breeds or types are the American Pit Bull Terrier, Dogo Argentino, Brazilian Fila, Japanese Tosa, and Perro de Presa Canario.

5. Tenant refuses reasonable conditions. You offered consent subject to proportionate conditions (a pet bond, professional cleaning on exit, keeping the dog outdoors in the fenced yard) and the tenant formally declined them in writing.

6. Prior pet breaches. The tenant has a documented history of failing to comply with pet conditions during a tenancy — previous damage, ignoring a containment requirement, or keeping an unapproved animal.

What Does Not Qualify

A general dislike of animals is not a ground. Neither is an unevidenced fear of property wear, a blanket "no pets" policy, a personal preference, or a worry that the property will smell. The Tribunal expects objective, evidence-based reasoning tied to the specific property and the specific animal.

You cannot refuse because a previous tenant's pet caused damage. Each request is assessed on its own merits.

How to Document a Refusal

Your refusal must be in writing, delivered within the 21-day statutory window, and must state the specific ground or grounds you rely on. Cite the evidence: a photo of the unfenced boundary, a copy of the body corporate rule, the council bylaw reference, or the dog's classification status.

A one-line "request declined" is not enough. The more specific your reasoning, the stronger your position if the tenant takes the matter to the Tenancy Tribunal.

Partial Approvals

You can approve part of a multi-animal request and refuse the rest. If a tenant asks for two cats and a third dog but your council caps dogs at two per property and the tenant already has two, you can approve the cats and refuse the third dog on bylaw grounds — as long as you document each decision separately.

For refusal letter templates and a step-by-step decision matrix, see our Pets in Rentals NZ guide.

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