With the recent surge in methamphetamine (meth) abuse in New Zealand, the properties being used for its production are becoming a topical issue. Many property owners are suffering substantial property damage due to meth manufacturing.

In September 2016, the government announced a $15 million dollar boost for anti-drug initiatives including the introduction of a new meth testing standard (Standard). This should allow New Zealanders to better manage the risks of meth contamination, and permit property owners and tenants to have greater confidence that their properties have been, and are, used lawfully.

The Standard’s key objective is to have clear methods for sampling and testing, and competence requirements for samplers and decontamination contractors. The Standard supplements new legislation introduced to parliament in May 2017, amending the Residential Tenancies Act 1986 to give landlords the right to test for meth contamination, and to enable tenancy agreements to be terminated when meth leaves a property unsafe for human habitation.

The Standard uses certain testing limits to determine whether a property is contaminated at levels unsafe for human habitation. Following decontamination, a clearance certificate will only be issued if meth traces are below a certain level. The Standard also provides processes for:

  • “screening tests” to confirm if there is meth contamination;
  • “detailed assessments” to determine the extent and magnitude of the meth contamination;
  • ensuring decontamination contractors can demonstrate certain competencies;
  • ensuring decontamination contractors are independent from those undertaking the ‘screening’ and ‘detailed assessment’ tests; and
  • ensuring a clearance report and certificate are issued by an accredited sampler to certify that decontamination has been effective.

Although the new Standard is voluntary, it will provide some comfort for landlords and tenants, as well as associated parties such as property managers, real estate agents and insurers.