What information can a landlord or property manager ask for in New Zealand?

The Privacy Commissioner publishes detailed rental guidance. This is a summary for tenants.

At a viewing

Landlords can ask for your name and contact details only.

When you apply

Landlords can ask for:

• proof of identity, and confirmation you’re 18 or over
• the number of occupants, and the names of any occupants who won’t be tenants
• contact details for landlord and non-landlord referees, plus your consent to contact them (they shouldn’t contact them yet)
• your consent for a credit check and criminal record check (the checks themselves should only happen once you’re negotiating an offer)
• whether you have pets or smoke, if the property has restrictions
• whether you have a legal right to stay in New Zealand, for fixed-term tenancies only

At shortlisting or offer stage

Landlords can ask for:

• the details needed to run credit or criminal record checks, such as date of birth or a copy of ID
• one additional proof that you can pay the rent, such as a payslip, a letter from your employer or Work and Income, or proof of past rent payments. You choose which.

What landlords should never ask

• About characteristics protected by the Human Rights Act, such as sex, relationship or family status, religion, ethnicity or nationality, disability, political opinion, employment status, sexual orientation or gender identity
• Whether you’ve experienced, or are experiencing, family violence
• About your spending, such as bank statements showing transactions
• Your employment history
• Your social media URLs

Landlords can look at public social media profiles, but should have a good reason, and can’t ask to friend you or get a mutual friend to look.

Some of this can become relevant later in a tenancy. For example, if you ask for a rent reduction or a repayment plan, a landlord may reasonably ask about your other expenses.

During the tenancy

Landlords can photograph the property at inspections to record its condition. Photos shouldn’t be overly intrusive, especially in bedrooms, and shouldn’t focus on your belongings.

What you can do

• You can refuse to give information a landlord shouldn’t ask for, and you shouldn’t be disadvantaged for refusing.
• Landlords must tell you what they’re collecting, why, who will see it, and what happens if you don’t provide it.
• You can ask for a copy of the information a landlord or property manager holds about you, and ask for corrections. Our request letter builder helps.
• If you think you’ve been put on a tenant “blacklist”, the Commissioner describes these as problematic under the Privacy Act. Raise it with the organisation first, then complain to the Privacy Commissioner.