Tenancy Tribunal takes deep dive into emotional support fish row

Sally Lindsay

The Tenancy Tribunal has been grappling with the slippery issue of whether fish count as pets, after a tenant in East Tamaki claimed her piscine pals were emotional support animals.

Changes to the Residential Tenancies Act 1986 that took effect in December do not allow landlords to impose blanket bans on pets, but also require tenants to pay a bond to cover any pet-related damage.

The Act does not define what a “pet” is, other than to say it does not include a disability assist dog within the meaning of the Dog Control Act 1996, so the landlord applied to the Tenancy Tribunal for a ruling after Sunrise Property Management found more than 10 fish aquariums* in several of the rental property’s rooms and the garage.

The tenant did not ask the landlord’s permission to keep the aquariums and didn’t think she needed to, as the fish they contained were for her mental support.

While the landlord recognised the fish tanks were for the tenant’s mental health, he thought the number of aquariums should be limited because of potential risk.

He also tried to put some conditions around their upkeep and maintenance, which the tribunal knocked back.

Health challenges

The tenant, her husband and three children moved into the rental in November 2022. Her husband died a couple of years ago. Two of her children have health challenges and she told the tribunal she has mental health concerns.

One of her children had an interest in fish so she bought an aquarium and fish and found she enjoyed them. She subsequently bought more aquariums and fish, as caring for them kept her busy.

During a routine inspection in September last year the property manager found a room set up as an office with several aquariums on a large shelf, a living room near the kitchen containing several large fish tanks and another living area with two aquariums, including one which was empty.

Exactly how many aquariums are in the rental was not established, but the landlord thinks there are more than 10.

After the tribunal application was filed the tenant moved most of the aquariums to the garage, where there are two large shelving units holding several tanks along one wall and another wall with two aquariums. Just two remain in the house.

She told tribunal adjudicator N Walker this was to mitigate any potential risks identified by the landlord. There is no carpet in the garage and the door between the house and the garage can be locked so her children will not be in that area unsupervised. She has alerts on the aquariums which can recognise any moisture loss.

A doctor’s certificate was given to the tribunal saying the tenant finds maintaining and interacting with the fish is valuable for her mental health concerns. The doctor considers the fish more in the realm of emotional and health support animals than pets.

Walker says while the RTA doesn’t define what a pet is the Tenancy Services website provides some guidance in determining whether an animal is a pet by considering where it is: kept for companionship or leisure; domesticated and lives in or around the property; and is usually seen living at a residential property.

“I consider fish kept in aquariums are pets. The benefits of having pets includes companionship and emotional support.”

While the legislation has excluded disability assist dogs from the definition of “pet”, there are no other exclusions for emotional support animals. The fish kept by the tenant are pets, Walker says.

Conditions and pet bond

Although the tenancy agreement for the property excluded pets the landlord didn’t ask for their removal but tribunal guidance on the number of aquariums the tenant can keep, as well as maintenance and restoration.

Walker says in these circumstances the landlord has consented to the tenant keeping the fish but he had drafted a special conditions supplementary agreement for the aquariums.

The tenant, however, did not agree to the conditions which included:

1. The aquarium is permitted only at the location approved by the landlord. Any relocation within the premises requires prior written consent from the landlord;
2. The tenant must maintain the aquarium, associated equipment, and surrounding area in a clean, hygienic, safe condition at all times;
3. The tenant accepts full responsibility for any damage (including consequential damage that is not too remote) caused by the aquarium. This includes, but is not limited to, water leakage and glass breakage;
4. Any unpleasant odour caused by the aquarium must be promptly addressed and removed. If the tenant fails to do so, the landlord may issue a 14 day notice to remedy the breach, which may include the removal of the aquarium under section 56(1) of the Residential Tenancies Act 1986;
5. The tenant must undertake pest control at least once per year, or more frequently if required, to prevent infestations associated with the aquarium;
6. Upon vacating the property, the tenant must thoroughly clean the area and repair any damage caused by the aquarium to a professional standard. Failure to do so will result in the landlord arranging repairs at the the tenant’s cost;
7. The aquarium is permitted for hobby use only. No commercial breeding, selling, or distribution of aquatic animals is allowed;
8. The tenant is liable for all damage caused by the aquarium or associated pets throughout the tenancy. The tenant agrees to maintain contents insurance to cover any potential damage arising from the aquarium.

Walker says there is no suggestion the tenant has in any way caused damage to the premises by having the aquariums.

“The tenant has taken steps to mitigate potential damage. Most of the aquariums are now located in the garage which appears reasonable and, in my view, appropriate given the number and size of the aquariums.

However, the adjudicator says it is reasonable to impose a condition that no new aquariums are obtained and there should be no more than the existing two aquariums inside the house.

Any other conditions on the tenant keeping the aquariums are not necessary or appropriate, Walker says.

Bonds

As new legislation now provides for pet bonds Walker ordered the tenant to pay two weeks rent of $1670 to the landlord by 31 March to cover any pet-related damage that is more than fair wear and tear.

Since the new legislation was introduced in December about 200 pet owners a week are forking out an extra two weeks rent as bonds to cover any damage their pets may inflict on a rental.

By the beginning of March more 2,746 pet bonds had been lodged with Tenancy Services.

The law change means landlords cannot have a blanket ban on pets, but they can refuse them on “reasonable grounds”.

While intended to ease pet ownership, some renters have reported that finding pet-friendly rentals remains “super challenging”.

While neither the tenant nor landlord sought name suppression, Walker says it is appropriate to suppress the tenant’s name because of the evidence contained in the doctor’s letter and the circumstances concerning her family.

[2026] NZTT 5361641

* The Cambridge Dictionary lists both aquariums and aquaria as the plural forms of aquarium. LawNews has chosen the more common usage.