36VReasonable grounds

36V Reasonable grounds

[Section 36V Inserted by No. 22 of 2025, s. 5, Applied:20 Mar 2026]

(1)  In determining a matter that is within the jurisdiction of the Tribunal by virtue of section 36U , the Tribunal may take into account the following grounds:

(a) whether keeping a pet, specified in a request made by a tenant under section 36R(2) in relation to residential premises, would have any of the following effects:

(i) cause a nuisance on the premises;

(ii) cause a nuisance on an adjacent or adjoining premises or other nearby premises;

(iii) cause damage that is more than reasonable wear and tear to the premises;

(iv) pose an unacceptable risk to the safety of any person;

(v) pose an unacceptable risk to the safety or welfare of the pet or another animal on the premises;

(vi) be inconsistent or incompatible with –

(A) a conservation covenant, to which the residential premises is subject, or is in the process of being assessed for suitability to become so subject; or

(B) a conservation program in respect of the residential premises –

| | (I)  in which the owner of the residential premises participates, or of which the owner of the residential premises is a member; or | | | (II)  in relation to which the owner of the residential premises is in the process of being assessed for suitability to participate in, or be a member of; |

(b) any other grounds that the Tribunal considers reasonable in the circumstances.

(2)  In this section –

conservation covenant includes the following:

(a) a conservation covenant that is registered under the Land Titles Act 1980;

(b) a conservation covenant in force under Part 5 of the Nature Conservation Act 2002;