The Residential Tenancies Act 1986 (RTA) governs the rights and responsibilities of landlords and tenants in New Zealand including Defence Force housing where members pay rent. It sets out the rights and responsibilities of both landlords and tenants, covering issues such as maintenance, rent payments, bond handling, and the resolution of disputes.

Under Section 45 of the RTA, landlords (including the NZDF) must ensure that the property is in a reasonable state of repair and complies with all health and safety requirements.

The Building Act 2004 116B also states that it is an; "Offence to use a building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire” and is liable for a conviction or a fine.

Healthy Homes Standards are mandatory for all rental properties in New Zealand, including those managed by the NZDF.

263 NZDF properties are legally exempt from these standards.

The standards which must be met include:

- Must be one or more fixed heaters to directly heat the main living room.

- Insulation meets the R rating of ceiling R 2.9 or 3.3 and underfloor R 1.3. 

- Landlords must block any unreasonable gaps or holes, in walls, ceilings, windows, floors and doors, that cause noticeable draughts.

- A rental property must have efficient drainage, guttering and downpipes for the removal of stormwater, surface water and ground water.

- Each liveable space must have a window or door that opens to the outside and can be fixed in the open position. Kitchens and bathrooms must also have an extractor fan to remove moisture.

Most new or renewed residential tenancy agreements MUST include an up-to-date, signed Healthy Homes Standards compliance statement - this means the NZDF is legally required to give it to you

Landlords that don't include this statement when required could face a financial penalty of up to $500 for each tenancy, and it could result in an infringement offence.

If a rental property does not meet a standard the landlord must give a valid reason. The compliance statement must include any exemptions from the standards

For a non-urgent problem, you can give your landlord a 14 day notice to remedy

If the repair is not urgent, you can begin by sending your landlord a notice asking for the repair to be carried out (this is called a "14 day notice to remedy").

You can use Tenancy Services' template letter which formally notifies the landlord that they have 14 days to fix the situation.

Download the 14 day notice to remedy template from the Tenancy Services website.

Keep a copy of the notice as proof that you sent it.

If the repairs are not at least started by the end of the 14-day period, you can apply to the Tenancy Tribunal

If your landlord fails to carry out the repair (or start carrying them out) within 14 days, you can apply for an order

The Tenancy Tribunal can help you if you have an issue with a landlord that you can’t solve yourself.

When a landlord breaches the Residential Tenancies Act, the affected person can apply to the Tenancy Tribunal for ‘exemplary damages’. This means that the person who committed the act pays a financial penalty to the affected person.

If your landlord AKA the NZDF has not adhered to your 14 day notice to remedy, the Tenancy Tribunal can also; order your landlord to get the work done themselves, reimburse you for the cost of getting the work done, and/or pay you compensation of losses you suffered due to the repairs not being done (minus depreciation).

The World Health Organisation recommends a minimum indoor temperature of 18°C, or 20°C for houses with young children, elderly people or ill people.

The WHO guidelines for indoor air quality : dampness and mould address indoor air quality, with a specific focus on dampness and mold. These guidelines emphasise the importance of maintaining healthy indoor environments to prevent health issues associated with mold and dampness, such as respiratory symptoms, allergies, and asthma.

The Health and Safety at Work Act places a duty on the NZDF to ensure that the environment in which people live and work is safe. Under the HSWA, the New Zealand Defence Force is responsible for ensuring the health, safety, and welfare of its personnel, including those living in barracks. This act places duties on NZDF to proactively manage risks to ensure that the barracks provide a safe and healthy environment.

For example; ensuring proper sanitation, ventilation, heating, safe drinking water, properly functioning toilets & waste disposal systems, and clean living spaces.

That the buildings are structurally sound, fire detection and suppression systems are in place, no exposure to mould, unsafe wiring, pest infestations etc.

If you raise health and safety issues through the NZDF’s own Safety Reporting System or SEMT, the NZDF is legally obligated to address these concerns. 

Raising issues through the NZDF's own system can not be ignored under act,  and ignoring reported issues could be seen as a failure to comply with the HSWA, potentially leading to legal consequences under sections 36 (primary duty of care) and 48 (offence of failing to comply with duty).

The Building Act 2004 provides the legal framework for building work in New Zealand, ensuring that buildings are safe, healthy, and durable for their intended use. The Act covers everything from the issuing of building consents to inspections, code compliance, and maintenance requirements.

The Building Act 2004 116B states that it is an;

"Offence to use a building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire” and is liable for a conviction or a fine.

Under clause 123, a building is considered insanitary if it’s offensive or likely to be injurious to health because; of how it is situated or constructed; or it is in a state of disrepair; has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or does not have a supply of potable water that is adequate for its intended use; or does not have sanitary facilities that are adequate for its intended use.

The Building Code sets out minimum performance standards for all buildings in New Zealand, including NZDF barracks. These standards cover key areas such as safety, moisture control, ventilation, insulation, and energy efficiency. Specific clauses that relate to barrack accommodation include:

G4.3.1 -Spaces within buildings shall have means of ventilation with outdoor air that will provide an adequate number of air changes to maintain air purity.

Clause E3: Internal moisture – This clause requires that buildings be constructed to avoid the accumulation of internal moisture, which can lead to mould and dampness—issues that could be prevalent in poorly maintained barracks - to safeguard people against illness, injury, or loss of amenity that could result from accumulation of internal moisture.

Clause G9: Electricity – Barracks need to have safe electrical systems that comply with building safety standards, as electrical malfunctions can pose significant risks in group accommodations.