Tenants privacy rights
Question from Mike updated on 14th September 2015:
We own a property in a community with both a body corporate and a Residents Society. The Residents Society is insisting on us providing the personal details and car registrations of our tenants (they say it's in the by-laws). We feel that the Privacy Act overrides the Residents Society and we don't really think it's any of their business. They are now threatening financial penalties. Can they do this?
Our expert Alan Bruce responded:
The Residential Tenancies Act 1986 applies to the relationship between landlords and tenants. As the relationship between a property owner and a third party is not covered under the Act, you may wish to examine the contract you have with the Residents Society, and seek independent legal advice about it.
You may also wish to seek further information from the Office of the Privacy Commissioner (www.privacy.org.nz) on 0800 803 909, or by email at enquiries@privacy.org.nz.
For further information, you can visit our website (www.tenancy.govt.nz), or you can speak to a member of our Unit Title’s advice team by calling 0800 UNIT TITLE (0800 864 884), between 8.00am-5.30pm Monday to Friday.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.