http://www.dbh.govt.nz/abandoned-goods
Abandonment of goods is where a tenant leaves their things behind after the tenancy has finished and possession of the property has passed back to the landlord. The landlord may immediately dispose of any perishable goods, such as food. If a tenant leaves any other type of goods that are non-perishable, the landlord has a choice of procedures to follow before getting rid of those goods.
The landlord must make a reasonable attempt to contact the tenant to arrange collection of the abandoned goods.
The landlord must store securely any personal documents left by the tenant. Any personal papers unclaimed after 35 days may remain in storage or else must be handed to Police;
If the other goods remain uncollected, the landlord must still store the tenant’s personal documents securely and then chose to either:
1. Apply to the Tenancy Tribunal for an order for the disposal of the goods
The Tribunal may direct that the landlord return the goods to the tenant; or if that is not practicable, order that the goods be sold or disposed of and state any amount owing (if any) to the landlord out of the proceeds of sale
or
2. Dispose of abandoned goods following assessment of market value (alternative to seeking a disposal order from the Tribunal)
For all other goods, other than personal documents, that remain uncollected, the landlord must make all reasonable efforts to assess the market value of the goods; and:
1.If the value of the goods is less than the cost of storing, transporting and selling them, the landlord can immediately dispose of them as they see fit.
2.If the value of the goods is more than the cost of storing, transporting and selling them, the landlord must secure the goods in safe storage for at least 35 days, after which they must either continue to store them to await any claims to the goods by the tenant or sell the goods at a reasonable market price.
3.The tenant may claim stored goods at any time prior to disposal, on payment of reasonable storage and disposal costs.
4.If the landlord has sold the goods, the landlord may apply to the Tribunal for an order specifying the amount (if any) owing to the landlord out to the proceeds of sale.
If the landlord has sold goods pursuant to a disposal order, they must pay the proceeds of sale (after deducting any amount ordered by the Tribunal) to the Ministry of Business, Innovation and Employment.
If the landlord has sold goods without a disposal order, they may deduct the cost of storage, transport and sale reasonably incurred and then pay the remaining proceeds to the Ministry of Business, Innovation and Employment.
The landlord may seek any money still owing from the bond or the tenant.
The tenant may apply for the payment of the proceeds of sale in the Residential Tenancies Trust Account, within 1 year after the date of sale.