In New Zealand, the Residential Tenancies Act was updated (most recently in 2023 and 2025) to ensure that being on a tenancy agreement with an abuser does not trap you in a dangerous home.
You have two main paths: leaving quickly (Withdrawal) or staying and removing the abuser (Tenancy Order).
1. If You Need to Leave Quickly: “Two-Day Withdrawal”
If you need to move to safety, you can break your lease (fixed-term or periodic) with only two days’ notice.
- No Penalty: You do not have to pay “break lease” fees or rent beyond the two-day notice period.
- No Landlord Consent: You do not need the landlord to “agree” to let you go.
- Confidentiality: It is illegal for your landlord to tell the abuser (or anyone else) that you have left due to family violence. If they do, they can be fined up to $3,000.
- What to do: You must give the landlord a “Withdrawal Notice” and one piece of qualifying evidence.
2. What Counts as “Qualifying Evidence”?
You only need one of the following to use the two-day withdrawal rule:
- A copy of the first page of a Protection Order.
- A copy of a Police Safety Order (PSO).
- A copy of a Police charging document against the abuser.
- A Statement from a “Prescribed Person”: This is often the easiest option. A doctor, nurse, midwife, social worker, lawyer, or family violence advocate can sign a simple form confirming they believe you are a victim of violence.
3. If You Want to Stay: “Tenancy Orders”
If you want to keep the house but want the abuser removed from the lease, you can apply to the Family Court for a Tenancy Order.
- How it works: This is usually done at the same time you apply for a Protection Order.
- The Effect: The Judge can “vest” the tenancy in your name only. This legally removes the abuser’s right to live there and their name from the agreement.
- The Lock Change: Once you have a Tenancy Order or a Protection Order with a “Furniture Order,” you have the right to change the locks.
4. What Happens to the Other Tenants?
If there are other flatmates (including the abuser) who stay in the house after you withdraw:
- Notice: You must notify the other tenants that you have withdrawn within two days of leaving, but you do not have to tell them why or show them your evidence.
- Rent Reduction: For the first two weeks after you leave, the total rent for the house is reduced. The remaining tenants only pay their “share”—the landlord cannot make them cover your portion of the rent for those 14 days. This gives them time to find a new flatmate or make other arrangements.
5. Dealing with the Bond
- Your Share: You are still entitled to your portion of the bond.
- The Process: You can submit a “Change of Tenant” form to Tenancy Services. If the abuser refuses to sign it, you can apply to the Tenancy Tribunal to have your share of the bond released to you directly due to the family violence withdrawal.
Important Safety Note:
When a victim gives a 2-day notice, the landlord is legally required to keep it secret. However, some landlords are not aware of the law.
Advice for users: “If you are worried your landlord might accidentally tell your abuser, wait until you are physically in your new safe location before you send the 2-day notice email.”
To break a tenancy agreement in New Zealand due to family violence, you must use the official Withdrawal Notice form provided by Tenancy Services.
The Official Forms
You can download the form in your preferred format below:
- Family Violence Withdrawal Notice (PDF) – Best for printing and filling out by hand.
- Family Violence Withdrawal Notice (Word DOCX) – Best for typing into and emailing.
How to use these forms correctly:
1. Fill out the “Withdrawal Notice” This is the part that tells the landlord you are leaving. It must include your name, the address of the property, and the date you are leaving (which must be at least 2 days after you send the notice).
2. Attach “Qualifying Evidence” The landlord cannot legally accept the notice without evidence. The most common types are:
- A Statutory Declaration (see below).
- A letter or email from a “Prescribed Person” (doctor, lawyer, social worker, or nurse).
- The first page of a Protection Order or Police Safety Order (PSO).
3. Serve the Notice You can give this to the landlord in person, but for your safety, it is often better to email it to the address listed on your tenancy agreement. The notice is considered “received” as soon as it is sent.
4. Notify other tenants (within 2 days of leaving) You must also tell any other flatmates that you have withdrawn from the lease.
- Template: Notice to Remaining Tenants
- Safety Note: You do not have to tell your flatmates why you are leaving or show them any evidence of the violence.
A Note on Privacy
Under New Zealand law, your landlord must keep this information confidential. They are not allowed to show the notice or the evidence to the abuser or any other person without your permission, unless it is for legal advice or a court proceeding. If they disclose your information, they can be ordered to pay you up to $3,000.
In New Zealand, a Tenancy Order is a legal tool used when a victim wants to stay in their rented home and have the abuser’s name removed from the lease.
Unlike a simple withdrawal (which you do with a landlord), a Tenancy Order must be granted by a Judge in the Family Court.
1. The Official Application Link
A Tenancy Order is usually applied for at the same time as a Protection Order. You can find the necessary forms on the Ministry of Justice website:
2. Which form do I need?
Within that link, you will specifically need to fill out the:
- Application for Protection Order form: (This is the “main” application).
- Application for Property or Furniture Order form: This is the specific form where you tick the box for a Tenancy Order.
3. How a Tenancy Order works
- Vesting: Once the Judge signs the order, the tenancy is “vested” in your name only. This means you become the sole tenant, and the abuser legally “ceases to be a tenant.”
- Without Notice: If you are in immediate danger, your lawyer can file this “Without Notice.” This means a Judge can make a Temporary Tenancy Order within 24–48 hours without the abuser being told first.
- No Landlord Consent Needed: The Court has the power to change the tenancy agreement even if the landlord doesn’t want to. However, the landlord will be notified once the order is made.
4. Important: Furniture Orders
When you apply for a Tenancy Order, you should also apply for an Ancillary Furniture Order.
- This prevents the abuser from taking the fridge, washing machine, or beds when they are forced to leave. It allows you to keep the essential household items needed to live in the home.
5. Cost and Legal Help
- Court Fees: There is no fee to file for a Protection or Tenancy Order in the Family Court.
- Lawyers: Because these are Court orders, it is highly recommended to use a lawyer. If you are on a low income, you can get a Legal Aid lawyer to do this for you for free.
In New Zealand, while you can write your own, it is highly recommended to use the official template provided by the Ministry of Justice to ensure it meets the requirements of the Oaths and Declarations Act 1957.
Below is a template specifically structured for a Tenancy Withdrawal due to family harm.
Statutory Declaration Template
Notice to User: Do not sign this until you are standing in front of an authorized witness (like a JP, Lawyer, or Court Registrar).
I, [Full Name] of [Current Residential Address] occupation [Your Job Title or ‘Stay-at-home parent’, ‘Student’, etc.]
solemnly and sincerely declare that:
- I am a tenant at the property located at [Address of the Rental Property].
- I have been a victim of family violence/family harm while a tenant at this property.
- This violence/harm was inflicted by [Optional: Name of person/relationship to you, e.g., ‘my partner’—Note: You are not legally required to name them for a tenancy withdrawal, but the form asks for confirmation that violence occurred].
- I am providing this declaration as qualifying evidence under Section 56B of the Residential Tenancies Act 1986 to withdraw from my tenancy agreement.
- I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
Signature of Declarant: _________________________________________ (Your signature – Sign this ONLY in front of the witness)
Declared at: [City/Town, e.g., Waitakere] this [Date] day of [Month], 20[Year]
Before me: _________________________________________ (Signature of Witness)
Full Name of Witness: _________________________________________ Title of Witness: [e.g., Justice of the Peace / Solicitor of the High Court]
Where to find a witness for free in Aotearoa:
- The Library: Many local libraries (especially in West Auckland like Henderson, Waitakere Central, or Te Manawa) have “JP Desks” where a Justice of the Peace is available at set times.
- The CAB: Most Citizens Advice Bureaus have JPs available.
- The Court: You can walk into the front counter of the District Court and ask a Registrar to witness a Statutory Declaration.
- The Royal Federation of NZ Justices’ Association “Find a JP” search tool.
What to bring with you:
- Photo ID: A Driver’s License or Passport so the witness can verify you are who you say you are.
- The Form: Print the form from this website but do not fill in the signature section until you are with them.
A Note on Privacy:
- The witness is there to verify your signature, not to investigate your claim. They are bound by professional ethics to keep your business private.
Staying Safe and Sane 