If your Hawke’s Bay rental is an older home, lead-based paint is something to take seriously, particularly if paint is flaking or you are planning any prep work like sanding, scraping, stripping, or water blasting. A recent Napier Tenancy Tribunal decision awarded tenants $19,727 after an infant was exposed to lead contamination linked to paint in the home.
This is not about naming or blaming any property manager, landlord, or supplier. The practical message is that older housing stock is common across Hawke’s Bay, and the same risk can exist in any older rental if lead hazards are missed.
In Hawke’s Bay, the main issue is awareness. Because lead is no longer used in household paint, many landlords do not think to check whether older layers might still contain lead.
In our work with landlords across Hawke’s Bay, lead paint risk most often comes to light during repainting, maintenance, or renovation planning, when normal paint prep can unintentionally create dust and debris.
If a building was built in the 1980s or earlier, presume lead-based paint until testing confirms otherwise.
Why Lead-Based Paint is Still a Real Risk in Hawke’s Bay
Lead-based paint is mainly a legacy issue. The biggest risk is usually not the newest top coat, it is the older layers underneath, or older surfaces that are deteriorating.
WorkSafe’s guidance is clear that exposure can cause lead poisoning, and if a building was built in the 1980s or earlier it is best to presume lead-based paint is present. WorkSafe also advises taking precautions to protect yourself and others when removing paint.
In practical terms, lead risk tends to be higher when paint is:
- Flaking, chalking, or peeling.
- On friction surfaces like windows and doors, where movement creates fine dust.
- Disturbed during maintenance or renovations (sanding, scraping, stripping, drilling).
- Present on exteriors where paint debris has dropped into soil over time.
What Happened in Napier and Why it Matters Here
The NZ Herald reported the Napier case as a Tenancy Tribunal decision where an infant suffered “actual and potentially serious harm” from lead exposure linked to paint in the rented home.
The Tribunal ordered a total of $19,727, including $15,000 in general damages, $4,200 for breach of quiet enjoyment, $500 for moving costs, and a refund of the filing fee.
For Hawke’s Bay landlords, the relevance is straightforward:
- Older homes can contain lead hazards in more than one place, including paintwork and sometimes nearby soil.
- Young children are particularly vulnerable.
- Financial consequences can be significant when harm is established.
A quick clarification on the “$20,000 fine” wording that sometimes gets used. This was a Tenancy Tribunal order for damages and compensation, rather than a criminal fine. The impact on an owner can still feel similar because it is a substantial, real cost.
Your Responsibilities as a Landlord
Landlords are expected to provide a rental that is safe and maintained, not just tidy. When disputes cannot be resolved, the Tenancy Tribunal can issue legally binding orders, which is why hazards that affect health and safety need to be treated seriously.
In simple terms: lead-based paint (paint containing lead) becomes a health risk mainly when it breaks down into dust or flakes, or when it is sanded, scraped, stripped, or otherwise disturbed.
This is where older rentals can catch landlords out. A repaint might feel like routine maintenance, but if the property has old paint layers, routine prep can create the exact conditions that increase exposure risk.
What this Means for Landlords
For Hawke’s Bay landlords, the practical shift is to treat lead paint as a standard “check first” item for older homes, similar to long term maintenance planning and risk-based repairs.
Actions that reduce risk quickly:
- Treat pre-1980 and early-era homes as higher risk, especially if records are limited.
- Check windows, sills, frames, and peeling exterior paint first.
- Test before any sanding, stripping, or aggressive prep.
- Brief contractors clearly that the home is older and may need lead-safe methods.
- Plan disruptive work between tenancies where possible.
This connects naturally to other landlord decision areas:
- Long term maintenance planning (planned work is usually safer and cheaper than rushed work).
- Vacancy planning (dusty work is often best scheduled between tenancies).
- Rental yield (reactive remediation can cost more and create longer vacancy periods).
For more information, check out Oxygen Hawke’s Bay property management services.
What We Typically See in Practice
Most lead paint issues are not deliberate. They tend to come from treating an older home like a newer one.
Common patterns that create avoidable risk:
- Repainting becomes a quick turnaround job. Prep gets rushed, and older layers are not considered.
- DIY sanding on small areas Windows, sills, trims, and weatherboards can create fine dust right where children touch and play.
- Contractors are not briefed that the home is older Even good tradespeople rely on owners and managers to flag special risks.
- “It’s been painted recently, so it must be fine”. A fresh top coat does not remove what is underneath. The risk shows up when old layers are disturbed.
- Painted-over layers are uncovered mid-job If you start stripping paint and realise newer coats have been applied over an older base layer, it can be worth pausing to test that older layer.
How to Manage Lead-Based Paint in a Rental
This does not need to be complicated. A reliable process is: presume, check, test, control, document.
Presume Risk for Older Homes
If a building was built in the 1980s or earlier, WorkSafe says it is best to presume it has been painted with lead-based paint. That presumption is a safe starting point when paint history is unknown.
Check High Risk Locations First
Start with areas most likely to create dust or flakes:
- Exterior cladding and trims where paint is failing.
- Windows, sashes, frames, and doors (friction surfaces).
- Handrails, skirtings, and painted stair parts in older homes.
- Sleepouts, sheds, garages, and old fences.
- Soil beside exterior walls, especially where exterior paint has deteriorated.
Test Before Sanding, Scraping, or Stripping
Testing should happen before the messy stage. The most important trigger points are:
- You are stripping back to timber.
- You discover multiple layers of paint.
- You are working on windows and frames.
- There are young children living in the property.
A simple rule that helps: if the job involves creating dust, test first and plan controls before starting.
Choose the Right Approach for the Situation
Removal is not always the safest first option. Removing paint can create the highest dust exposure risk if controls are not in place. WorkSafe specifically highlights the need for precautions when removing lead-based paint.
A practical guide:
| Situation in the Rental | Often the Safer Approach | When to Escalate |
| Paint is Intact and Stable | Leave it, monitor, and maintain coatings | If future work will disturb it |
| Localised Flaking | Repair and seal (encapsulate), minimise dust | If deterioration is widespread |
| Windows and Friction Surfaces | Repair, seal, reduce rubbing and dust points. | If surfaces keep shedding dust |
| Renovation Planned | Plan controls first, then proceed. | If stripping is unavoidable |
Control Dust, Debris, and Clean-up
Control dust, debris, and clean-up Dust control is where most of the risk sits. Practical controls that suit rental settings include:
- Keep children and pets away from work areas.
- Avoid dry sanding and uncontrolled scraping where possible.
- Use containment so debris does not spread through the home or garden.
- Clean in a way that captures fine dust, rather than spreading it.
For occupied rentals, timing matters. If higher-risk work is needed, scheduling between tenancies often reduces exposure risk and reduces the chance of dispute.
Document and Communicate
Good records protect tenants and landlords.
Keep:
- Photos of paint condition before work.
- Test results and where samples were taken.
- The approach chosen (sealed, repaired, removed) and why.
- Contractor scope and method notes.
- Tenant communications and access notices
External Authority Source
We recommend WorkSafe’s “Managing lead-based paint” guidance is a strong starting point for landlords and contractors in New Zealand. It sets the presumption for older buildings and reinforces the need for precautions when paint is disturbed.
Conclusion
Lead-based paint is a manageable risk, but it needs to be considered early, especially before repainting, sanding, or renovation work. The Napier Tenancy Tribunal decision reported on 24 January 2026 shows the consequences can be significant, with $19,727 awarded after an infant was exposed to lead contamination linked to paint in a rental.
If your Hawke’s Bay rental was built in the 1980s or earlier, treat lead paint as a “check first” item, test before disturbing old layers, and ensure any work is planned with dust control in mind.
