Short-Term / Vacation Rental Agreement (New Zealand)

A Short-Term / Vacation Rental Agreement in New Zealand grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Contract and Commercial Law Act 2017.

A Short-Term / Vacation Rental Agreement is needed in New Zealand whenever a property owner rents their home, bach, apartment, or holiday property to paying guests for a defined short period — whether through a platform such as Airbnb or Bookabach, through a property manager, or through private arrangements. The agreement is needed in all of the following common situations. Bach and holiday home rentals: private owners renting their beach house, ski chalet, or rural property to holidaymakers over summer or winter seasons need a written agreement recording the rental period, house rules, bond, maximum occupancy, and damage liability. Airbnb and platform-based hosting: hosts using Airbnb, Bookabach, or similar platforms benefit from a supplementary written agreement that extends beyond the platform's standard terms and covers property-specific rules. Urban short-term rentals: owners in cities such as Auckland, Wellington, Christchurch, and Queenstown renting apartments or houses to short-term visitors and business travellers need a written agreement that is clearly framed as holiday accommodation outside the RTA 1986. Property management: property managers operating short-term rental programmes on behalf of owners need standard written agreements with guests on behalf of the owner. Without a written agreement, the host has no documented basis for retaining the security bond for damage, enforcing house rules such as no-smoking or no-pets policies, limiting occupancy to the agreed number of guests, or requiring guests to leave on the agreed checkout date. The agreement is also vital evidence — if a guest stays for an extended period and claims a residential tenancy has arisen under the RTA 1986, the written holiday rental agreement demonstrates the parties' intention was for a temporary stay only. Pair a Short-Term Vacation Rental Agreement with a Property Inspection Report completed at check-in and check-out to document the property condition and support any bond deduction claims. Without this documentation, a host has no objective basis for withholding the security bond, and a guest may challenge any deduction before the Disputes Tribunal (for claims up to NZD 30,000) or the District Court of New Zealand.

Hosts should also use a written agreement whenever the short-term rental generates income requiring declaration to Inland Revenue (IRD) under the Income Tax Act 2007, as the agreement provides supporting documentation for deductible expenses. GST-registered hosts under the Goods and Services Tax Act 1985 need a documented record of each transaction for GST return purposes. Where the property is subject to a mortgage, the host should confirm their mortgage terms permit short-term letting, as some New Zealand lenders restrict rental use without prior consent. Body corporate rules under the Unit Titles Act 2010 must also be checked before listing a unit or apartment on platforms such as Airbnb or Bookabach, as non-compliance can result in enforcement action by the body corporate committee. The written agreement protects both parties by recording the agreed terms before the guest takes occupation, and provides the evidentiary foundation for any claim under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 if the accommodation does not meet the standards described.

A New Zealand Short-Term / Vacation Rental Agreement that protects the host and provides clarity for the guest should include the following key elements. Host and guest details: the full legal name, address, and contact details of the host (or the property manager acting on the host's behalf) and the lead guest. For bookings of more than 2 guests, the maximum number of permitted guests should be specified. Property details: the full address of the property, a brief description of the accommodation (number of bedrooms, bathrooms, facilities), and any specific features or limitations. Rental period: the agreed check-in date and time and check-out date and time. Specifying exact times reduces disputes at departure and helps the host manage cleaning and next-guest turnover. Rental rate and total price: the nightly or weekly rental rate in NZD, the total price for the stay, and the agreed payment schedule (typically deposit on booking, balance before check-in). GST: if the host is GST-registered under the Goods and Services Tax Act 1985, the agreement should state whether prices are inclusive or exclusive of GST at 15%. Security bond: the bond amount in NZD, the conditions under which the bond may be withheld (damage beyond fair wear and tear, excess cleaning, unpaid amounts), and the timeframe and method for returning the bond after checkout. Maximum occupancy: the maximum number of guests permitted to stay at the property, and confirmation that additional guests are not permitted without the host's express consent. House rules: any specific rules applicable to the property — no smoking, no pets, no parties or events, noise curfews, parking restrictions, rubbish disposal, use of outdoor equipment — with consequences for breach. Damage liability: the guest's responsibility for any damage to the property or contents caused during the stay, beyond fair wear and tear. Cancellation policy: the host's policy for refunding the rental fee and bond if the guest cancels, including any non-refundable deposit provisions. Governing law and disputes: New Zealand law governs the agreement, with disputes referred to the Disputes Tribunal (up to NZD 30,000) or the District Court. Holiday accommodation status: an express statement that the agreement is for holiday accommodation and the Residential Tenancies Act 1986 does not apply. Holiday accommodation status: An express statement that the agreement is for holiday accommodation, that the Residential Tenancies Act 1986 does not apply, and that the guest has no rights as a residential tenant — including no right to challenge termination before the Tenancy Tribunal. This clause directly addresses the holiday accommodation exemption under section 5 of the RTA 1986 and is essential for protecting the host's right to recover the property at checkout.

GST disclosure: If the host is registered for GST under the Goods and Services Tax Act 1985, a clear statement of whether the nightly rate is GST-inclusive or GST-exclusive, and the host's GST registration number for tax invoice purposes. Hosts with taxable turnover exceeding NZD 60,000 per year must register for GST with Inland Revenue (IRD).

Platform terms: Where the booking was made through Airbnb, Bookabach, Holiday Houses, or another digital platform, a statement of how this agreement interacts with the platform's terms and conditions. From 2024, accommodation platforms are required to report host income to Inland Revenue under the digital platform reporting rules introduced under the Tax Administration Act 1994, so accurate documentation is essential.

Force majeure: A clause addressing what happens if the property becomes unavailable due to circumstances beyond the host's control — such as natural disaster, government-ordered lockdown, or significant damage — and the host's refund obligations in those circumstances under the Contract and Commercial Law Act 2017 (CCLA 2017), including any frustration provisions under section 65 of the CCLA 2017.

Access for emergencies: The host's right to access the property in a genuine emergency without notice, consistent with the common law duty of care and the Accident Compensation Act 2001 framework under which ACC covers most accidental injuries at the property.

Dispute resolution: New Zealand law governs the agreement, with disputes referred to the Disputes Tribunal (claims up to NZD 30,000) or the District Court of New Zealand for larger claims. The Disputes Tribunal is an accessible, low-cost forum administered by the Ministry of Justice for resolving holiday rental disputes without the need for legal representation.

The forms-legal.com Short-Term / Vacation Rental Agreement (New Zealand) template covers all of these elements and is suitable for hosts throughout New Zealand, from Auckland and Wellington to Queenstown, Northland, and the Bay of Plenty.