Regulation of methamphetamine contamination in rental housing

The regulations

• Maximum acceptable level of methamphetamine residue

  When methamphetamine residue levels are above 15µg/100cm² (micrograms per hundred square centimetres), the property is considered contaminated and needs to be decontaminated.

  The property must be decontaminated until methamphetamine residue levels are no longer above 15µg/100cm² (until they are 15µg/100cm² or less).

  Contamination will be determined on a room-by-room basis. For example, if the bedroom is above 15µg/100cm² but the kitchen is below 15µg/100cm², only the bedroom needs to be decontaminated.

  Terminating tenancies

  If methamphetamine residue levels are above 30µg/100cm², landlords and tenants will have the option of ending the tenancy. Tenants can give 2 days’ notice and landlords can give 7 days’ notice when terminating a tenancy.

• Testing for meth

  Testing is split into two assessments, and there are methods for testing which are allowed and some which aren’t.

  Screening assessment

  The screening assessment can be done by anyone at any time, including tenants and landlords or a professional. They must use approved testing methods and follow its instructions correctly.

  The screening assessment is used to detect the presence of methamphetamine residue and to see if detailed testing is needed.

  Testing won’t be required between tenancies, but landlords can test between tenancies if they think this is appropriate.

  Detailed testing

  Landlords will be required to arrange for detailed testing if:

  • the Police or the Council tells them that there has likely been methamphetamine manufactured on the property
  • a permitted screening assessment shows methamphetamine levels are above 15µg/100cm2.

  Detailed tests can only be performed by qualified professionals. These professionals also need to be independent of anyone doing the decontamination work.

  Testing methods

  There are some testing methods which are allowed and some that aren’t.

  Allowed

  • Individual sampling
  • Laboratory composite testing
  • Validated screening test kits.

  Not allowed

  • Field composite tests
  • Unvalidated testing kits.

• Decontamination

  If methamphetamine residue levels are over 15µg/100cm2, the relevant area or space in the property must be decontaminated.

  Landlords can clean the property themselves or hire someone. Decontamination must follow the process prescribed in the regulations. This will largely be based on section 4 of the existing New Zealand Standard 8510: 2017 Testing and decontamination of methamphetamine-contaminated properties, with adjustments such as:

  • referencing the 15μg/100cm2 maximum acceptable level
  • excluding section 4.3.4, covering the Standard’s recommendations around the decontamination of contents (tenants and landlords will be free to choose how their personal goods are managed).

  After the property has decontaminated, a qualified professional must carry out detailed testing of the property again to confirm levels are no longer above 15µg/100cm2.

  If levels are still above 15µg/100cm2, further rounds of decontamination will be undertaken, and the property tested again.

• Abandoned belongings

  The process for dealing with goods abandoned by tenants on contaminated properties will be similar to the existing process in the Residential Tenancies Act 1986 for non-contaminated goods.

  Some key differences will be made in light of the potentially contaminated nature of the goods:

  • Landlords will be able to factor in the costs of testing and decontaminating goods (in addition to the costs of transport, storage and sale) when determining whether the goods are valuable enough to be stored. If the value of the goods is below these costs, they can be disposed.
  • Where the value of goods is above the costs of transport, storage, testing, decontamination and sale, but storage, testing or decontamination is not possible (despite the landlord’s reasonable efforts), the goods can be disposed.