In New Zealand, a landlord cannot legally change the locks on a rental property without the tenant's knowledge and consent in most circumstances. Doing so may constitute an unlawful act under the Residential Tenancies Act 1986 (RTA), and tenants have real legal remedies available to them. Whether you're a tenant, landlord, or locksmith being asked to carry out the work, it pays to understand the rules before any locks are touched.
What the Residential Tenancies Act Says
The RTA is the key piece of legislation governing rental properties in New Zealand. Under the Act, a landlord must not interfere with a tenant's quiet enjoyment of the property. Changing locks without notice — effectively locking a tenant out — is widely regarded as a serious breach of this right.
Unlawful lockouts can result in the landlord being ordered to pay the tenant exemplary damages of up to $3,200 (as a guide; amounts can change, so check current figures with Tenancy Services). The Tenancy Tribunal takes these matters seriously.
When Can a Landlord Change Locks?
There are legitimate situations where a landlord may need to change locks, but even then, proper process must be followed:
- At the start of a new tenancy — it's good practice to rekey or replace locks between tenants, but this should be done before the new tenancy begins, not during it.
- With the tenant's written agreement — if both parties agree in writing that locks will be changed (for example, after a security incident), this is generally acceptable.
- After a tenancy has legally ended — once a tenancy is properly terminated and the tenant has vacated, the landlord may change locks freely.
- By order of the Tenancy Tribunal — in rare circumstances, a Tribunal order may authorise a lockout.
Outside of these situations, a landlord instructing a locksmith to change locks while a tenancy is active — and without telling the tenant — is almost certainly unlawful.
What About Tenants Changing Locks?
Tenants also have obligations. Under the RTA, a tenant must not change the locks without the landlord's consent. If a tenant wants to add a deadbolt or rekey a lock for security reasons, they should ask the landlord in writing first. Some landlords will agree, especially if the tenant provides a copy of the new key.
If you're a tenant who has changed locks without permission, you may be required to restore the locks to their original state at the end of the tenancy, or face a claim for costs.
The Healthy Homes Standards and Security
New Zealand's Healthy Homes Standards require rental properties to meet minimum standards for heating, insulation, ventilation, moisture, and draught stopping — but they do not currently specify lock types. That said, landlords do have a general duty to provide a property that is reasonably secure. If existing locks are broken or inadequate, a tenant can request repairs, and the landlord is obliged to address them within a reasonable timeframe.
What Locksmiths Should Know
If you're a locksmith and a landlord asks you to change locks on an occupied rental property, it's worth asking a few questions:
- Is the property currently tenanted?
- Has the tenant been notified and given consent?
- Is there a Tenancy Tribunal order in place?
A professional locksmith is not legally liable for a landlord's breach of the RTA — that responsibility sits with the landlord — but being aware of the situation protects your reputation and helps you avoid being used as a tool in an unlawful lockout. Reputable locksmiths will often decline jobs that appear designed to lock out a current tenant without proper authority.
What Tenants Can Do If Locked Out Unlawfully
If you believe you've been unlawfully locked out by your landlord:
- Contact Tenancy Services on 0800 836 262 or visit tenancy.govt.nz — they can provide free advice and mediation.
- Apply to the Tenancy Tribunal — you can apply for an urgent hearing if you've been locked out and have nowhere to stay.
- Document everything — take photos, keep messages, and note dates and times.
- Seek emergency accommodation if needed — Work and Income NZ may be able to assist.
Do not break back into the property yourself, as this could complicate your legal position.
When to Call a Professional
For landlords, if you have a legitimate reason to change locks — such as between tenancies or following a Tribunal order — hiring a qualified local locksmith is the right move. A good locksmith will rekey or replace locks efficiently, advise on appropriate security hardware, and provide new keys for all required parties.
For tenants concerned about the security of their rental property, a locksmith can assess your current locks and recommend improvements, which you can then discuss with your landlord.
You can find trusted, local locksmiths in your area at tradedirectory.co.nz.
