Short Term Accommodation Task Force
Attachment 2.1.1
Memorandum
PO Box 5042 Gold Coast MC Qld 9729
goldcoastcity.com.au
To
: CEO – Dale Dickson
Copy
: Short Term Accommodation Task Force Secretariat – Stephen Cochrane
From
: Acting City Solicitor – Cherie Watt
Action by:
Subject : Short Term Accommodation – Issues raised by Task Force and response to
Mayor’s questions
Date
: 13 May 2010
File No
: PD98/LF(P3)
TRACKS Doc # :
27879613
On 21 April 2010, the first meeting of the Short Term Accommodation Task Force was held.
Based on issues that arose for discussion at the meeting I have drafted and responded to a
number of legal questions. The Mayor has also posed a number of questions for advice which I
have addressed separately. The questions and legal advice are set out below.
1. Does Council's Subordinate Local Law No. 16.1 (Rental Accommodation) 2008
distinguish between short term accommodation and long term accommodation? If
not, can Subordinate Local Law No. 16.1 (Rental Accommodation) 2008 be amended
to make this distinction?
In relation to whether or not a licence should be issued, no, it does not make a distinction.
The only distinction between short and long term is in relation to some mandatory criteria
which must be complied with in the operation of the accommodation.
The requirement for a licence under the local law and subordinate local law (SLL) applies
equally to short term and long term rental accommodation and makes no distinction
between short term and long term rental accommodation. In all cases, a licence is required
for providing premises for accommodation for payment (subject to some exceptions as set
out in the local law1), whether on a short term or long term basis.
Council’s existing power to impose conditions on a licence under the local law and SLL is
sufficiently broad to enable Council to impose differing conditions which respond to issues
arising from short term accommodation, without need for amendment to the SLL.
1
The following accommodation for payment is not covered by the local law:
• a residential service;
• employer provided accommodation;
• the provision of accommodation for immediate family members in exchange for a board payment;
• the provision of accommodation at premises if professional health, welfare care or education is
provided, or when community organisations provide sports training or recreation facilities;
• the provision of home-stay accommodation at premises used as a residential dwelling (other than
a bed and breakfast) which is occupied and continues to be occupied as the principal place of
residence of at least 1 person and provides accommodation for up to 4 guests; or
• the provision of accommodation at premises in a camping ground or a caravan park.
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Under the local law and SLL, all registered rental accommodation (whether short term or
long term) must comply with the relevant prescribed criteria which are stated in the SLL.
This obligation is not dependent on conditions being imposed on a licence. The SLL
contains some prescribed criteria which apply specifically and only to tourist
accommodation2, budget accommodation,3 and hostel accommodation.4 These types of
accommodation are generally short term in nature. However, these specific prescribed
criteria relate to fire safety and minimum equipment/furniture/features and are directed at the
safety of the occupants, rather than at the amenity of the neighbourhood. These specific
prescribed criteria provisions are currently under review by Council, as fire safety for
particular classes of buildings falls within the jurisdiction of the Queensland Fire and Rescue
Service under building fire safety legislation.
2. Can Council impose a bond on a rental accommodation licence about the behaviour
of guests and the impact of the rental accommodation on the amenity of neighbours?
What does ‘amenity’ mean in context of a rental accommodation license? If a bond
can be imposed, do Council officers have the necessary powers to ‘police’
behaviour?
No, as discussed below and in earlier reports presented to Council, Council officers do not
have the necessary powers to police behaviour; the Queensland Police Service does. Given
that Council officers are not in a position to police behaviour, it would be inappropriate for
Council to administer bonds directed at regulating behaviour in which it itself is not in a
position to police. This is discussed in more detail below:
Council has a broad power under Local Law No. 16 and Subordinate Local Law No. 16.1
to grant a rental accommodation licence on ‘conditions the local government considers
appropriate’. The only limit to Council’s conditions power is a legal requirement that the
condition be related to or have a connection with the objects or purpose of the local law /
SLL. The objects of the local law include ensuring that that the activity does not result in
a loss of amenity. ‘Amenity’ is a very subjective concept. The term ‘amenity’ means one
thing to one person and something quite different to another; each person’s idea of
amenity inevitably depends on his/her individual taste.5 In a neighbourhood context, it
could be described as:
‘those qualities and conditions in the neighbourhood which contribute to the
pleasantness, harmony and coherence of the environment and to its better
enjoyment for any permitted use’.6
The courts have said that whether or not there would be injury to amenity ‘must be
determined according to the standards of comfort and enjoyment which are to be
expected by ordinary people of plain, sober and simple notions not affected by some
special sensitivity or eccentricity’.7

2
3
4
5
6
7
While theoretically Council can impose a bond condition, there are several
issues/limitation which make it inappropriate for Council to do so.
SLL s9(q)
SLL s9(p)
SLL s9(r) – (t)
Ex parte Tooth & Co Ltd; Re Parramatta City Council (1955) 20 LGR (NSW) 60 at 75-7
I Oakley v Clark & Son Ltd [1967] 13 TPG par 31
Rio Pioneer Gravel Co Pty Ltd v Warringah SC (1969) 17 LGRA 153 at 167-8
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
How would Council determine the value of the required bond? A behaviour bond is
unlike the ‘development bonds’ which Council is used to administering which can be
readily quantified relative to the monetary value of physical works to be completed or
what would be required to fix physical damage caused.

The purpose of a behaviour bond (which is typically used in a criminal justice context) is
generally as a deterrent. What amount would be seen as a sufficient deterrent?

Council would need to establish very specific, consistent and transparent
criteria/threshold for when there has been a breach of amenity that results in the
operator losing the bond. It would be dangerous for the criteria to simply be the receipt of
complaints, without requiring that the complaints be investigated and be proven to have
merit. The need for investigation raises the most critical issue which has been discussed
in detail in earlier reports to Council (see the reports to the City Planning Committee
Meeting 19 August 2008/Council Meeting 25 August 2008 and the Corporate
Government and Finance Committee Meeting on 4 March 2009 / Council Meeting 9
March 2009), which is that behaviour that is likely to be the subject of complaints falls
within the jurisdiction of the Queensland Police Service. Enforcement responsibilities for
civil disturbances to amenity and inappropriate behaviour lay with the Queensland Police
Service. The Queensland Police Service is specifically resourced and it’s officers are
expressly empowered under the Police Powers and Responsibilities Act 2000 and are
specially trained and equipped in relation to public order policing and tactical
communication, Council officers are not.
3. Would it be lawful for Council to refuse an application for a rental accommodation
licence or refuse to renew the licence on the basis that the premises is being used to
carry out a short term accommodation business in a residential area?
The short answer is no. Local Law No. 16 (Licensing) 2008 applies to all ‘prescribed
activities’. The operation of rental accommodation is a prescribed activity. Under the local
law, Council must grant a licence (i.e. Council is under a positive obligation to approve the
application) if it is satisfied that the prescribed activity:8
(a)
(b)
(c)
(d)
(e)
will not result in harm to human health or safety or personal injury;
will not result in property damage or a loss of amenity;
will not result in environmental harm or environmental nuisance;
will not result in a nuisance;
complies with the provisions of the local government Acts that regulate the operation of
the prescribed activity;
(f) complies with the assessment criteria;
(g) complies with the prescribed criteria; and
(h) complies with any other matter specified in a subordinate local law.
For the purpose of (f), Subordinate Local Law No. 16.1 (Rental Accommodation) 2008
(‘SLL’), provides that Council must grant a licence (i.e. Council is under a positive obligation
to approve the application) if it is satisfied the proposed operation complies with the
specified assessment criteria set out in section 7(a) to (f) of the SLL.9
8
9
Local Law s7(2)
These are:
(a) The applicant is, or will be, the operator of the rental accommodation.
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Among the criteria is (b), which requires that ‘the rental accommodation can be lawfully
conducted on the premises’. As previously advised in reports to Council (and discussed
below in response to Question 5), as a matter of land use/town planning, the planning
scheme does not prevent a Detached Dwelling from being used for short term
accommodation and does not require that a separate development approval be obtained to
rent out the dwelling on a short term basis.
It would therefore be unlawful for Council to refuse an application simply on the basis that
the premises is being used to a carry out a short term accommodation business in a
residential area. Any such decision would leave Council open to legal challenge (judicial
review). This is because decision-makers such as Council are under a legal obligation to
only take into account relevant considerations and equally are prevented from taking into
account an irrelevant consideration when making a decision.
4. Can Council regulate parking by users of short term accommodation in residential
areas?
The short answer is yes. Council has several heads of power under which it can regulate
parking in residential areas, whether by users of short or long term accommodation:

Council has a broad power to control all roads in its area, which includes the capacity to
regulate traffic movement and parking vehicles on local roads.10

Council has Local Law No. 2 (Regulated Parking) 2006 and Subordinate Local Law No.
2 (Regulated Parking) 2006, under which Council can issue warning and parking
infringement notices for various minor offences (for example, parking across driveways,
facing the wrong way etc).

Subordinate Local Law No. 16.1 (Rental Accommodation) 2008 contains an express
example of a condition that could be imposed on a rental accommodation licence that ‘a
vehicle used in the rental accommodation must be stored in a manner that does not
cause a nuisance to adjoining premises’.
This condition is an example only and it does not limit the conditions that Council could
impose on a rental accommodation licence. This is because Council has a broad power to
impose any conditions Council ‘considers appropriate’. The only limit to Council’s conditions
power is a legal requirement that the condition be related to or have a connection with the
objects or purpose of the local law/SLL. For example, it would be impermissible to impose a
condition seeking to regulate parking of red cars and not blue cars. Any condition dealing
(b) The operation of the rental accommodation can be lawfully conducted on the premises.
(c) The operation of the rental accommodation will comply with the prescribed criteria specified in
section 9 (Prescribed criteria) of this subordinate local law.
(d) The matters which are the subject of the conditions specified in section 10 (Conditions of a
licence) of this subordinate local law which are relevant to the operation of the rental
accommodation can be adequately addressed by the imposition of those conditions.
(e) The applicant has not within the last two years held a licence pursuant to Local Law No. 16
(Licensing) 2008 in respect of rental accommodation which has been cancelled pursuant to
section 13(1), (b), (c), (d) or (e) (Cancellation of a licence) of Local Law No. 16 (Licensing) 2008.
(f) The applicant has not, within the law two years, been convicted of three or more offences against
Local Law No. 16 (Licensing) 2008 in respect of the operation of rental accommodation.
10
s901 Local Government Act 1993 and s101 Transport Operations (Road Use Management) Act 1995
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with parking must be related to the object of the local law, which include amenity. If Council
considered it appropriate, it could impose conditions dealing with the location and manner of
parking if that was related or connected to amenity outcomes.
5. Does the use of a Detached Dwelling or Attached Dwelling to carry out a short term
accommodation business trigger the need for a MCU approval?
The short answer is no. Provided the use is a Detached Dwelling use or Attached Dwelling
use as defined, and not another use (e.g. ‘Hostel Accommodation’, ‘Reception Room’, ‘Bed
and Breakfast’, ‘Home Occupation’ or ‘Home Office’) material change of use approval is not
required.
The planning scheme as presently drafted makes no distinction between short term and
long term accommodation for commercial benefit in the definition of Detached Dwelling or
Attached Dwelling.
The fact that income is generated, a living earned and a profit capable of being returned (i.e.
which are the hallmarks of the ordinary dictionary meaning of ‘business’ or ‘commercial’) by
the owner of a Detached Dwelling or Attached Dwelling by renting the premises to
occupants, whether on a short, medium or long term/permanent basis, is not the basis for
whether a material change of use approval is required.
All that is relevant is whether the use of the premises falls within the relevant use definition
in the planning scheme (and does not better fit within another use definition). Taking
‘Detached Dwelling’ as an illustration:

The Planning Scheme defines a ‘Detached Dwelling’ use as ‘a dwelling not attached to
or touching another dwelling or another building. This is a more specific definition than
‘dwelling’. This term does not include a relocatable home.’

The Planning Scheme’s explanatory definitions define ‘dwelling’ as ‘any building or part
of a building comprising a self-contained unit used by, or intended for the exclusive
residential use of, one household. The term includes outbuildings normal to a dwelling.
The term includes the keeping of domestic animals as pets.’

The term ‘residential’ used in the definition of ‘dwelling’ is not defined in the Planning
Scheme. The Macquarie Dictionary definition which in turn refers to the terms ‘residence’
and ‘reside’ defines the latter as to ‘dwell permanently or for a considerable time; have
one’s abode for a time.’ The dictionary definition of ‘abode’ is ‘1. a dwelling place; a
habitation. 2. continuance in a place; sojourn; stay.’ The dictionary definition of ‘sojourn’
is ‘1. to dwell for a time in a place; make a temporary stay. 2. a temporary stay’. The
dictionary definition of ‘stay’ is ‘1. to remain a place, situation, company, etc. 2. to
sojourn; reside temporarily. 3. to dwell or reside’. [our underlining]. It is evident that the
relevant dictionary definitions enable a legitimate interpretation of ‘dwelling’ to be taken
that includes occupation on a temporary basis

The Planning and Environment Court, in interpreting a definition of ‘Dwelling Unit’ in the
then Livingstone Shire Council planning scheme identical to the definition of ‘dwelling’ in
the Gold Coast Planning Scheme found that the phrase ‘exclusive residential use of one
household’ did not require a degree of permanence or anything long term [Livingstone
Shire Council v Brian Hooper & M3 Architecture (Architects in Association) & Ors [2003]
QPEC 063 at [18]]. This is to be contrasted with an earlier decision of the Court in which
it found that the term ‘household’ has implications of domesticity and permanence
[Noosa Shire Council v Staley & Ors [2002] QPELR 441].
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
There is a lack of clarity in how residential-related terms are used throughout the
planning scheme. This means that uses incorporating the words ‘residential’ or ‘dwelling’
may be used either for short term or long term accommodation.’

In deciding Livingstone Shire Council v Brian Hooper & M3 Architecture, His Honour
Judge Robin QC considered whether, as a matter of logic, the ‘residential’ reference
could be applied consistently across the various uses in the relevant planning scheme
that used that term so as to dictate either short term or permanent occupation. His
Honour found that it could not.
6. Does the use of a Detached Dwelling or Attached Dwelling to carry out a short term
accommodation business trigger the need for a reclassification of the building? If the
answer to this question is “yes”, does the reclassification then trigger the need for a
MCU approval?
Under the Building Code of Australia (BCA), a Class 1a building is defined as:
‘a single dwelling being –
(i) a detached house; or
(ii) one of a group of two or more attached dwellings, each being a building,
separated by a fire-resisting wall, including a row house terrace house’.
If a building is being used as a ‘Detached Dwelling’ use or ‘Attached Dwelling’ use as
defined under the planning scheme (both which, for the reasons discussed in response to
Question 5, do not make a distinction between short and long term accommodation), the
mere use of it for short term accommodation does not trigger the need for a BCA
reclassification.
This is because the BCA definition of ‘Class 1a’ does not distinguish between short and long
term accommodation. To the extent the BCA definition uses the word ‘dwelling’, the
ordinary dictionary definition as discussed in response Question 5 applies, which enables a
legitimate interpretation of ‘dwelling’ to be taken that includes occupation on a short term or
permanent basis.
However, a building that physically appears from the outside as a ‘detached dwelling’ or
‘attached dwelling’ might in fact be being managed ‘internally’ in the nature of a boarding
house, guest house, lodging house or hostel. If this is the case, then there may have been a
change to the classification (from Class 1a to either Class 1(b)11 or Class 312) without
11
Class 1b is: a boarding house, guest house, hostel or like:
 with a total area of all floors not exceeding 300m2 measured over the enclosing walls; and
 in which not more than 12 persons would ordinarily reside,
which is not located above/below another dwelling or another Class of building (other than a garage).
12
The BCA defines Class 3 as: a residential building (other than of Class 1 or 2), which is a common
place of long term or transient living for a number of unrelated persons, including:
 a boarding-house, guest house, hostel, lodging-house or backpackers accommodation; or
 a residential part of a hotel or motel; or
 a residential part of a school; or
 accommodated for the aged, children or people with disabilities; or
 a residential part of a health-care building which accommodates members of staff; or
a residential part of a detention centre.
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building certifier approval. This is an offence under the Building Act 1975.13 If the premises
is being used in this nature, it may also mean that a ‘Hostel Accommodation’ use rather than
a ‘Detached Dwelling’ or ‘Attached Dwelling’ use is being carried out under the planning
scheme. If the premises does not have a development permit for a ‘Hostel Accommodation’
use, a material change of use application would be necessary.
7. Can the State Government make the use of a Detached Dwelling or Attached Dwelling
to carry out a short term accommodation business in a residential area a prohibited
use?
Yes, but there are a number of practical issues which would limit its utility.
Under the Sustainable Planning Act 200914 (SPA) there are three ways in which
development can be prohibited. All three are dependent on State Government amending or
making statutory instruments/legislation. The three ways are:
13
14
15
16
(a)
If the type of development is listed in SPA Schedule 1.
(b)
If the type of development is declared under a State planning regulatory provision
(SPRP) to be prohibited development.
(c)
It is not listed in SPA Schedule 1, but it is a type of development stated to be
prohibited development in the planning scheme or a temporary local planning
instrument.
(a)
Prohibition under SPA Schedule 1:

State Government would need to amend SPA Schedule 1 to add a material change of
use of premises for short-term accommodation in a residential area.

The prohibition could operate in a similar way to which the Schedule15 currently
prohibits a material change of use for a brothel on land that is within certain specified
distances of a primarily residential area, an area approved for residential development
or an area intended to be residential in character or areas frequented by children. A
definition of ‘short-term accommodation’ would need to be added to accompany the
prohibition.

Unless the prohibition included some qualifications as to the areas of the State in
which it applied (for example, in the way that Schedule 1 currently prohibits a material
change of use for agricultural activities in a declared ‘wild river area’), it would apply on
a State-wide basis.

The SPA16 prevents a planning scheme from being inconsistent with Schedule 1. So if
Schedule 1 prohibits something, a planning scheme cannot permit it and to the extent
the planning scheme purported to do so it would be of no effect.
(b)
Prohibition under an SPRP:

State Government would need to make a SPRP. Under the SPA, a State planning
regulatory provision can only be made if in the Minister’s opinion it is necessary for
The owner of a building must ensure a BCA classification or use change is not made to the building
unless a building certifier has approved the change and the building as changed complies with the
building assessment provisions: s110 Building Act.
Schedule 3
Schedule 1 Item 5
s234
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certain regional planning outcomes (e.g. to implement a regional plan) or if there is a
significant risk of serious environmental harm or serious adverse cultural, economic or
social conditions occurring in a planning scheme area and giving a Ministerial direction
would not be the most appropriate way to address the risk.

It is possible for a SPRP to apply to only a specified part of the State. An example of
this is the Guragunbah State Planning Regulatory Provision 2009 which applies only to
specified land at Merrimac.
(c)
Prohibition under the planning scheme:

The SPA17 allows planning schemes to identify prohibited development, but only if the
standard planning scheme provisions state the development may be prohibited
development. The standard planning scheme provisions are made by the Minister.

The current version of the standard planning provisions (known as the ‘Queensland
Planning Provisions’) commenced on 18 December 2009. They do not identify any
development that may be prohibited. This means that Council cannot currently include
prohibitions in its planning scheme. State Government would need to amend the
standard planning scheme in order for prohibition to occur under this method.
Critically, the effectiveness of all three options is limited by the fact that new laws (e.g. the
introduction of a prohibition) are presumed to operate prospectively and not retrospectively.
If State Government were to change any of the instruments in (a) – (c) above to
introduce/enable a prohibition it must have regard to the Legislative Standards Act 1992 and
the Statutory Instruments Act 1992. These require that the law (i.e. the change introducing
the prohibition) must have sufficient regard to the rights and liberties of individuals, and that
it must not adversely affect rights and liberties or impose obligations retrospectively.
This means that even if a prohibition is introduced (whether through (a), (b) or (c) above) it is
likely to only operate prospectively – i.e. it will only affect Detached Dwellings or Attached
Dwellings approved after the change. The legal doctrine of ‘existing lawful use rights’ will
ensure that Detached Dwellings and Attached Dwellings approved/lawfully occupied prior to
the change will be able to be rented whether on short or long term basis.
In a practical sense, it will mean that the great majority of Detached Dwellings and Attached
Dwellings will not be affected by the prohibition, because they pre-exist the change.
8. Under the Residential Tenancies and Rooming Agreement Act 2008 can terms be
included in the residential agreement (similar to Byron Bay’s Holiday Letting Bond
system) dealing with issues such as:
 excessive noise leading to complaints;
 having a security guard present;
 restricting the number of guests;
 loss of bond if noise complaints are received?
If so, can Council make it a condition of the rental accommodation licence that such
terms are included in residential agreements for short term accommodation?
The Residential Tenancies and Rooming Agreement Act 2008 (RTRA) does not apply to
occupancy agreements for ‘holiday purposes’. The RTRA defines ‘holiday purposes’ as an
17
s88(2)(d)
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agreement for less than six weeks.18 Therefore, the RTRA does not control the terms that
can be included in an agreement between the owner/agent and occupier who is letting it on
this basis.
However, as discussed in the adopted report of the Corporate Government and Finance
Committee Meeting on 4 March 2009 / Council Meeting 9 March 2009:

Council has a broad power under Local Law No. 16 and Subordinate Local Law No. 16.1
to grant a rental accommodation licence on ‘conditions the local government considers
appropriate’.

Conditions could be imposed pursuant to this power directed at addressing amenity
issues associated with the operation of short term rental accommodation, including:
–
maximum number of occupants and their invitees
–
car parking
–
hours of use for external areas (e.g. decks, barbeques, pool etc)
–
noise limits
–
display of management rules governing the operation of the rental accommodation
etc.
Council could also include a condition requiring the operator to include in any occupation
agreement specified terms that the occupant and/or its invitees must comply with, including
terms addressing the above issues.
9. Does Byron Shire Council employ security guards to respond to complaints about
noise and behaviour from short term accommodation premises? If yes, can our
Council do the same thing?
I have spoken to Byron Shire Council and they have confirmed that they do not employ
security guards to respond to complaints about noise and behaviour from short term
accommodations premises.
In Byron Bay there is a voluntary and independent Holiday Letting Organisation formed by
property owners, who have implemented a code of conduct for holiday rentals. The
organisation employ security guards to respond to complaints about noise and behaviour.
Following the Task Force meeting the Mayor posed a number of questions for legal advice.
You will note that the questions addressed above and the Mayor’s questions overlap to a large
degree, but for the sake of completeness I will address the Mayor’s questions separately. The
specific questions posed by the Mayor and my responses are as follows:A. Can Council's local laws adequately separate short term accommodation and long
term accommodation?
In relation to whether or not a licence should be issued, Council’s Local Law No. 16
(Licensing) 2008 and Subordinate Local Law No. 16.1 (Rental Accommodation) 2008 do not
make a distinction. The only distinction between short and long term is in relation to some
mandatory criteria which must be complied with in the operation of the accommodation.
18
Residential Tenancies and Rooming Agreement Act 2008 s31
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The requirement for a licence under the local law and subordinate local law applies equally
to short term and long term rental accommodation and makes no distinction between short
term and long term rental accommodation. In all cases, a licence is required for providing
premises for accommodation for payment (subject to some exceptions as set out in the local
law), whether on a short term or long term basis.
B. Can Council recommend to State Government there be provisions in the new
Sustainable Planning Act 2009 for short term accommodation to be defined, and
licensed, by local government containing a clause permitting the levying of a bond by
a Council to guarantee behaviour of guests in keeping with the residential amenity of
the neighbourhood? If so, could Council officers police these premises?
While Council can certainly recommend to the State Government that a definition for ‘short
term accommodation’ be included in the Sustainable Planning Act 2009, it is unlikely that the
State would adopt this approach. The State have adopted the Queensland Planning
Provisions, which are the standard planning scheme provisions for new planning schemes.
The Queensland Planning Provisions already include a definition for ‘short term
accommodation’. The definition is included in Module B, which means it may be
incorporated into our new planning scheme, rather than must be included.
In relation to levying a bond to guarantee the behaviour of guests of short term
accommodation, it is a concept that is outside of the scope of Sustainable Planning Act
2009. I have addressed the concept of imposing a bond on a rental accommodation licence
in my response to Q2, and have highlighted the issues and limitations with this approach,
which in my view, makes it an inappropriate solution for Council.
C. Can we make a deposition to the Government to prohibit short term rental
accommodation in certain residential precincts?
While it is certainly open to Council to make a deposition to the State to prohibit short term
rental accommodation in certain residential precincts, in my opinion it is a significant policy
issue which should be thoroughly canvassed as part of Council’s Planning Scheme Review
Program before any action is taken.
In my response to Q2 I have addressed the ways in which the State can prohibit certain
development and the limitations upon each option. Importantly, it is worth highlighting again
that any prohibition will not operate retrospectively, and therefore, not prohibit those existing
Detached Dwellings and Attached Dwellings being used to provide short term
accommodation.
D. Can the powers under Part 1-15 and 2-23 of the Residential Tenancies Authority's
General Tenancy Agreement be used to restrict the number of tenants residing in a
rental property?
The short answer is no. As outlined in my response to Q8 above the Residential Tenancies
and Rooming Agreement Act 2008, and therefore the Residential Tenancies Authority's
General Tenancy Agreement, does not apply to occupancy agreements for ‘holiday
purposes’.
E. Would Council officers be able to book illegally parked cars in residential streets if
contacted? Any restrictions in laws?
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As outlined in my response to Q4 above Council has several heads of power under which it
can regulate parking in residential areas, and can respond to complaints about illegally
parked cars.
The Mayor has requested that any legal advice be distributed to the Task Force and made
publicly available.
If you have any further questions please let me know.
Kind regards
Cherie Watt
A/CITY SOLICITOR
ext 7477
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