Leasing a spot is one of the most common ways people make a tiny home work in New Zealand, and one of the least documented. The risk is asymmetric: the landowner can usually walk away from the arrangement, and you are the one with a house that has to be craned or towed somewhere else at short notice.
What should the agreement cover?
| Clause | Why it matters | What to pin down |
|---|---|---|
| Term and notice | Determines how much warning you get to move a house | A fixed term with a stated end date, and a notice period long enough to arrange transport and a new site |
| Rent and what it includes | Avoids the annual argument | The amount, when it changes, how much notice of a change, and whether services are included |
| Services | Water, wastewater and power are the expensive part | Who connects them, who pays to install, who pays to run, and who owns the infrastructure afterwards |
| Consent risk | Someone has to answer if the council asks | Who applies for any consent, whose name is on it, and who pays if the council requires a change or removal |
| Access and the spot itself | You need to get a house in and out | Which exact spot, what access route, and confirmation the route can take the width and weight |
| Sale of the land | The most likely way this ends unexpectedly | What happens if the land is sold, whether the agreement binds a new owner, and how much notice you get |
| Removal at the end | Who pays for the crane and the truck | Who arranges removal, who pays, and what state the site is left in |
| Insurance and damage | Two parties, two policies, one house | Who insures the home, who insures the land, and what happens if the home damages the site or vice versa |
Who is responsible if the council objects?
In practice, the landowner is the one the council writes to, because it is their land and their district plan compliance. In practice, you are the one who has to move. That gap is exactly what the agreement should close: say who applies for consent, who pays for it, and what each party owes the other if the council requires the home to change or go.
It also pays to work out, before you sign, whether the arrangement even needs a consent. MBIE's position is that a tiny house classed as a vehicle "may fit as a dwelling under the Resource Management Act" and that you need to discuss it with the council. See resource consent and district plans.
Does connecting to their services change anything?
Yes, in two ways. Legally, MBIE says connecting to on-site utility services such as stormwater or foul water requires a building consent. And that connection is one of the seven things MBIE weighs when deciding whether a home on wheels has become immovable — and therefore a building. A permanent plumbed connection makes the "it is just a vehicle" argument harder. See the vehicle-or-building test.
What about tenancy law?
We are not going to state a position on how the Residential Tenancies Act applies to leasing bare land for a home you own, because it depends on the arrangement and we have not verified it against a source we can cite. It is a real question with real consequences for notice periods and dispute rights, and it is worth asking Tenancy Services or a lawyer about your specific arrangement before you sign.
A short checklist before you sign
- It is in writing and both parties have a signed copy.
- The exact spot is described, and the access route has been checked for width and weight.
- The term, the notice period and what happens on sale of the land are all stated.
- Services: who installs, who pays, who owns, who maintains.
- Consent: who applies, who pays, and who bears the cost if the council says no.
- Removal: who arranges it, who pays, and what condition the site is left in.
- You have asked the council whether the arrangement is a permitted activity at that address.
Frequently asked questions
Do I need a written agreement to park a tiny home on family land?
You are not required to have one, but it is the cheapest insurance available. Family arrangements change, land gets sold and estates get divided, and a written agreement is what protects both sides when they do.
Who needs the resource consent, me or the landowner?
The council deals with the landowner, because compliance attaches to the land. Who actually applies and pays should be decided in the agreement, along with who bears the cost if consent is refused.
Does the Residential Tenancies Act apply?
We have not verified a position on this and will not guess. It depends on the arrangement. Ask Tenancy Services or a lawyer about your specific situation before you sign.
What notice period is reasonable?
Long enough to find a new site and arrange transport for a house, which is a longer job than moving a household. Decide the number together and write it down rather than relying on a statutory default that may not apply.
Can the new owner make me leave if the land is sold?
That depends on the legal form of the agreement and whether it binds a successor in title. It is precisely the clause to get a lawyer's eye on before signing.
Sources
- Tiny Houses guidance, fifth edition, January 2026 — Ministry of Business, Innovation and Employment (PDF) — last checked 15 September 2026
- Resource Management Act 1991 — New Zealand Legislation — last checked 15 September 2026