Kāinga Ora–Homes and Communities Act 2019

1: Title
This Act is the Kāinga Ora–Homes and Communities Act 2019.
2: Commencement
This Act comes into force on 1 October 2019.
1: Preliminary provisions and establishment of Kāinga Ora–Homes and Communities
1: Preliminary provisions
3: Outline of Act
This Act establishes Kāinga Ora–Homes and Communities and provides for a government policy statement on housing and urban development.
4: Māori interests
In order to recognise and respect the Crown's responsibility to consider and provide for Māori interests, this Act provides,—
a: in section 11(1)﻿(b) Te Ture Whenua Māori Act 1993
b: in section 13(1)
c: in section 14(1)
i: identifying and protecting Māori interests in land, and recognising and providing for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga:
ii: partnering and having early and meaningful engagement with Māori and offering Māori opportunities to participate in urban development:
d: in section 20
e: in section 23(2)﻿(e)
5: Interpretation
1: In this Act, unless the context otherwise requires,— board chief executive commencement date development
a: includes all or any of the following:
i: acquiring land for development:
ii: delivering a development project:
iii: selling, leasing, disposing of, managing, or otherwise dealing with land and improvements:
b: does not include maintaining or upgrading Kāinga Ora housing within the meaning of section 2(1) GPS Part 2 home-related financial assistance
a: means financial assistance that is designed to help people with housing: Examples
arrangements such as shared equity, shared ownership, or rent to buy or option to buy financial assistance such as a grant, loan, or insurance or underwriting policy; but
b: does not include income-related rent within the meaning of section 2(1) of the Public and Community Housing Management Act 1992 Kāinga Ora–Homes and Communities
a: means Kāinga Ora–Homes and Communities established by section 8
b: for the purposes of the definition of public housing Ministers Ministry public housing
a: includes any premises (whether owned by the Crown, Kāinga Ora–Homes and Communities, or any other person) that—
i: are let by or on behalf of Kāinga Ora–Homes and Communities under a residential tenancy that was granted before 14 April 2014; or
ii: are, or are intended to be, let by or on behalf of Kāinga Ora–Homes and Communities under a residential tenancy to a tenant who is assessed under the Public and Community Housing Management Act 1992 section 2(1)
iii: are, or are intended to be, let by the Crown or Kāinga Ora–Homes and Communities to a community organisation or other provider for use as—
A: transitional or emergency accommodation for people in need while they seek, or are assisted in finding, more permanent accommodation:
B: supported housing (for example, housing for people who experience disability or mental illness):
b: includes any premises that are located together with public housing for the purpose of providing support services to the people who live or stay in the housing.
2: The Ministers, acting jointly, are the responsible Minister Crown Entities Act 2004 Section 5(1) development replaced 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) Kāinga Ora–Homes and Communities replaced 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) public housing inserted 7 August 2020 section 300 Urban Development Act 2020
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Establishment and objective of Kāinga Ora–Homes and Communities
8: Kāinga Ora–Homes and Communities established
Kāinga Ora–Homes and Communities is established.
9: Kāinga Ora–Homes and Communities is Crown entity
1: Kāinga Ora–Homes and Communities is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004
10: Membership of board of Kāinga Ora–Homes and Communities
1: The board of Kāinga Ora–Homes and Communities consists of not fewer than 8, and not more than 10, members
2: The Ministers must appoint members to the board who, collectively, have knowledge and experience of, and capability in,—
a: New Zealand’s housing and urban development system, including public housing and community housing
b: perspectives of Māori; and
c: the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles and Te Ture Whenua Maori Act 1993
d: perspectives of public housing tenants; and
e: perspectives of developers; and
f: perspectives of local government; and
g: business generally; and
h: public sector governance and government processes. Section 10(1) amended 6 February 2021 section 299(2) Urban Development Act 2020 Section 10(2)﻿(a) amended 7 August 2020 section 300 Urban Development Act 2020
11: Additional collective duties of board
1: The board must ensure that Kāinga Ora–Homes and Communities—
a: acts in a manner consistent with the operating principles in section 14
b: maintains systems and processes to ensure that, for the purposes of carrying out its urban development functions, Kāinga Ora–Homes and Communities has the capability and capacity—
i: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
ii: to understand and apply Te Ture Whenua Maori Act 1993
iii: to engage with Māori and to understand perspectives of Māori.
2: The duties in subsection (1)—
a: apply in addition to the duties of the board in sections 49 to 52
b: are collective duties owed to the Ministers for the purposes of section 58 2000 No 91 s 27
12: Objective of Kāinga Ora–Homes and Communities
1: The objective of Kāinga Ora–Homes and Communities is to contribute to sustainable, inclusive, and thriving communities that—
a: provide people with good quality, affordable housing choices that meet diverse needs; and
b: support good access to jobs, amenities, and services; and
c: otherwise sustain or enhance the overall economic, social, environmental, and cultural well-being of current and future generations.
2: When performing its functions or exercising powers under any other legislation, Kāinga Ora–Homes and Communities must act in a way that furthers any relevant objectives or purposes stated in that legislation.
3: Functions and operating principles of Kāinga Ora–Homes and Communities
13: Functions of Kāinga Ora–Homes and Communities
1: The functions of Kāinga Ora–Homes and Communities are the following: Housing
a: to provide rental housing, principally for those who need it most:
b: to provide appropriate accommodation, including housing, for community organisations:
c: subject to subsection (2),—
i: to provide people with home-related financial assistance; and
ii: to make loans, or provide other financial assistance, to local authorities and other entities for housing purposes:
d: to give people (including people on low or modest incomes who wish to own their own homes) help and advice on matters relating to housing or services related to housing:
e: to provide housing or services related to housing as agent for the Crown or Crown entities: Urban development
f: to initiate, facilitate, or undertake any urban development, whether on its own account, in partnership, or on behalf of other persons, including—
i: development of housing, including public housing and community housing
ii: development and renewal of urban environments, whether or not this includes housing development:
iii: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works:
g: to provide a leadership or co-ordination role in relation to urban development, including by—
i: supporting innovation, capability, and scale within the wider urban development and construction sectors:
ii: leading and promoting good urban design and efficient, integrated, mixed-use urban development:
h: to understand, support, and enable the aspirations of communities in relation to urban development:
i: to understand, support, and enable the aspirations of Māori in relation to urban development: Other
j: any regulatory functions conferred or imposed on Kāinga Ora–Homes and Communities by or under any other enactment (for example, if entered on an appropriate register to do so):
k: any other functions conferred or imposed on Kāinga Ora–Homes and Communities by or under this Act or any other enactment.
2: The function in subsection (1)﻿(c) applies only to the extent that—
a: Kāinga Ora–Homes and Communities acts on behalf of the Crown; or
b: the assistance is—
i: authorised by regulations made, or an approval given by the Ministers, for the purpose of the restrictions in sections 161 to 164
ii: not of a type to which those restrictions apply. Section 13(1)﻿(f)﻿(i) amended 7 August 2020 section 300 Urban Development Act 2020
14: Operating principles
1: The operating principles of Kāinga Ora–Homes and Communities for the purpose of section 11(1)﻿(a) Public housing solutions that contribute positively to well-being
a: providing good quality, warm, dry, and healthy rental housing:
b: supporting tenants—
i: to be well connected to their communities; and
ii: to lead lives with dignity and the greatest degree of independence possible; and
iii: to sustain tenancies:
c: working with community providers to support tenants and ensure those most in need are supported and housed:
d: being a fair and reasonable landlord, treating tenants and their neighbours with respect, integrity, and honesty: Housing supply meets needs
e: managing its housing stock prudently, including upgrading and managing its housing to ensure it remains fit for purpose:
f: ensuring that the housing it develops is appropriately mixed (with public housing or community housing, affordable housing, and market housing) Well-functioning urban environments
g: ensuring its urban development contains quality infrastructure and amenities that support community needs:
h: assisting communities where it has housing stock to develop and thrive as cohesive and safe places to live: Stewardship and sustainability
i: identifying and protecting Māori interests in land, and recognising and providing for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga:
j: operating in a manner that recognises—
i: environmental, cultural, and heritage values; and
ii: the need to mitigate and adapt to the effects of climate change: Collaboration and effective partnerships
k: partnering and having early and meaningful engagement with Māori and offering Māori opportunities to participate in urban development:
l: partnering and engaging meaningfully with other persons and organisations, including—
i: having early and meaningful engagement with communities affected, or to be affected, by
ii: in order to help grow capability across the housing and urban development sector:
iii: in order to help people into home ownership:
m: maximising alignment and synergies through its multiple functions in order to support inclusive, integrated housing and urban development.
2: Kāinga Ora–Homes and Communities must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries also acts consistently with subsection (1) to the extent it is applicable to the subsidiary. Section 14(1)﻿(f) amended 7 August 2020 section 300 Urban Development Act 2020 Section 14(1)﻿(l)﻿(i) amended 7 August 2020 section 300 Urban Development Act 2020
4: Other provisions about Kāinga Ora–Homes and Communities
15: Loans deemed to have been lawfully raised
So far as concerns any lender or holder,—
a: all money borrowed by Kāinga Ora–Homes and Communities or a Crown entity subsidiary must for all purposes be treated as having been borrowed in accordance with subpart 3
b: all securities and charges issued, granted, or varied by Kāinga Ora–Homes and Communities or a Crown entity subsidiary must for all purposes be treated as having been issued, granted, or varied in accordance with subpart 3
c: the following must for all purposes be treated as having been undertaken in accordance with subpart 3
i: all actions taken by Kāinga Ora–Homes and Communities or a Crown entity subsidiary in the course of any borrowing or proposed borrowing:
ii: all actions taken by Kāinga Ora–Homes and Communities or a Crown entity subsidiary in the course of the issue, granting, or variation or proposed issue, granting, or variation of any securities or charge; and
d: the lender or holder does not have to inquire whether, or to what extent, authority has been given under that Act. 1974 No 19 s 30AA
16: Kāinga Ora–Homes and Communities may investigate circumstances of applicant for home-related financial assistance
Kāinga Ora–Homes and Communities may investigate the circumstances of—
a: an applicant for, or a recipient of, home-related financial assistance that is administered by Kāinga Ora–Homes and Communities, whether on its own behalf or on behalf of the Crown or Crown entities; or
b: any person who, at the time of application, is the spouse, civil union partner, or de facto partner of the applicant. 1992 No 76 s 77
17: Kāinga Ora–Homes and Communities may ask questions, take actions, etc
1: For the purpose of any investigation conducted under section 16
a: may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate to verify by statutory declaration—
i: any information they have given when answering questions asked under paragraph (a); or
ii: any other information that they have at any time given to Kāinga Ora–Homes and Communities; or
iii: any information within their personal knowledge that has at any time been given to Kāinga Ora–Homes and Communities by the spouse, civil union partner, or de facto partner of the person.
2: Kāinga Ora–Homes and Communities may take the actions stated in subsection (3) if—
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in the opinion of Kāinga Ora–Homes and Communities, fails or refuses to answer fully) any question asked under subsection (1)﻿(a); or
ii: fails or refuses to verify any information by statutory declaration when asked to do so under subsection (1)﻿(b); or
b: it believes on reasonable grounds that any person whose circumstances it may investigate under section 16
3: The actions are to—
a: assess the eligibility of an applicant for, or recipient of, the home-related financial assistance on the basis of Kāinga Ora–Homes and Communities’ own understanding of the circumstances:
b: treat the applicant or recipient as not or as no longer eligible for that financial assistance. 1992 No 76 s 78
18: Application of Public and Community Housing Management Act 1992
The following provisions of the Public and Community Housing Management Act 1992 section 16
a: section 79 (Kāinga Ora–Homes and Communities may seek information):
b: section 80 (Kāinga Ora–Homes and Communities may require information for certain purposes):
c: section 82 (offence not to provide information or to provide false or misleading information):
d: section 83 (offence to mislead Kāinga Ora–Homes and Communities for certain purposes or results):
e: section 86 (code of conduct applying to obtaining information required under section 80):
f: section 87 (who must comply with code of conduct):
g: section 88 (regulations authorising information to be obtained):
h: section 89 (complaints):
i: section 90 (matters to be included in code of conduct).
19: Delegation of certain powers
1: Kāinga Ora–Homes and Communities may delegate a power under section 17(1)﻿(b), (2), or (3)
a: the social housing agency or agencies appointed under section 100 of the Public and Community Housing Management Act 1992
b: the chief executive of that agency or chief executives of those agencies:
c: a person engaged by Kāinga Ora–Homes and Communities under a contract for services that provides for the person to exercise that power.
2: Sections 74 75 section 73
3: This section does not limit section 73 1992 No 76 s 84(1)﻿(a)
20: Restriction on disposal of RFR land
1: Kāinga Ora–Homes and Communities may not exercise the powers conferred on Housing New Zealand Corporation or its subsidiaries in any of the following provisions or in any deed of settlement to which those provisions relate:
a: section 115
b: section 136
c: section 171
d: section 179
e: section 199
f: section 170
g: section 116
h: section 166
i: section 201
j: section 115
k: section 108
l: section 123
m: section 172
n: section 130
o: section 200
p: any other Treaty of Waitangi settlement legislation or deed of settlement that provides for Housing New Zealand Corporation or its subsidiaries to dispose of RFR land to any person if the Corporation or subsidiary has given notice to the trustees of the 1 or more offer trusts that, in the Corporation’s or subsidiary’s opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown’s social objectives in relation to housing or services related to housing.
2: Kāinga Ora–Homes and Communities and Housing New Zealand Limited may not use the exception in section 11(1)﻿(c)﻿(i) Section 20(2) inserted 7 August 2020 section 300 Urban Development Act 2020
21: Use of certain words
1: No person other than Kāinga Ora–Homes and Communities may, either alone or with another person, be incorporated or registered under another enactment, trade, carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Kāinga Ora–Homes and Communities or under any other name that combines all of the words Kāinga Ora Homes Communities
b: under a name that so resembles the words Kāinga Ora–Homes and Communities as to be likely to mislead.
2: On or from the commencement date until 1 October 2039, no person may, either alone or with another person, be incorporated or registered under another enactment, trade, carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Housing Corporation of New Zealand or the words Housing New Zealand Corporation; or
b: under a name that so resembles the words Housing Corporation of New Zealand or the words Housing New Zealand Corporation as to be likely to mislead.
3: Nothing in subsection (1) or (2) applies to Kāinga Ora–Homes and Communities or to any person who is appropriately authorised by Kāinga Ora–Homes and Communities. 2003 No 118 s 99
2: Other matters
1: Government policy statement on housing and urban development
22: Ministers must issue GPS on housing and urban development
1: The Ministers must issue a GPS on housing and urban development no later than 1 October 2021.
2: The Ministers may review the GPS at any time and must review the GPS at intervals that are no more than 3 years apart.
3: The Ministers may, following a review, issue a new GPS on housing and urban development that replaces the GPS that was reviewed, in which case the GPS that was reviewed expires when it is replaced. 2003 No 118 s 66
23: Purpose and content of GPS
1: The purpose of the GPS is to—
a: state the Government’s overall direction and priorities for housing and urban development; and
b: inform and guide the decisions and actions of agencies involved in, and the activities necessary or desirable for, housing and urban development.
2: The GPS must include the following:
a: the Government’s overall direction for housing and urban development, which must include a multi-decade outlook:
b: the Government’s priorities for housing and urban development:
c: how the Government expects Kāinga Ora–Homes and Communities to manage its functions and operations to meet the Government’s direction and priorities for housing and urban development:
d: how the Government expects other agencies to support that direction and those priorities:
e: the Government’s expectations in relation to Māori interests, partnering with Māori, and protections for Māori interests:
f: how the Government expects Kāinga Ora–Homes and Communities to recognise the need to mitigate and adapt to the effects of climate change.
3: The GPS may include any other matters the Ministers consider relevant. 2003 No 118 s 68
24: Preparation or review of GPS
When preparing or reviewing a GPS, the Ministers must—
a: be satisfied that the GPS promotes a housing and urban development system that contributes to the current and future well-being of New Zealanders; and
b: consult Kāinga Ora–Homes and Communities and persons, and representative groups of persons, who have an interest in housing and urban development in New Zealand. 2003 No 118 s 67
25: Status of GPS
A GPS is not—
a: a direction for the purposes of Part 3
b:
c: 2003 No 118 s 69 Section 25(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
26: Kāinga Ora–Homes and Communities to give effect to GPS
Kāinga Ora–Homes and Communities must give effect to the GPS when performing its functions. 2003 No 118 s 70
27: Other powers about government policy
This subpart does not limit other provisions relating to directions in the Crown Entities Act 2004
28: Availability of GPS
1: As soon as practicable after issuing a GPS, the Ministers must—
a: present a copy of the GPS to the House of Representatives; and
b: arrange for a copy of the GPS to be given to Kāinga Ora–Homes and Communities.
2: The chief executive must make the GPS publicly available as soon as practicable after it is issued by publishing a copy on the Ministry’s Internet site in a format that is readily accessible. 2003 No 118 s 71
29: Amending GPS
1: The Ministers may amend the GPS at any time.
2: The provisions of this subpart regarding the preparation and availability of a GPS—
a: apply with the necessary modifications to an amendment to the GPS; but
b: do not apply if the amendment to the GPS is not significant. 2003 No 118 s 90
2: Other enactments
30: Housing Corporation Act 1974 repealed
The Housing Corporation Act 1974 2019-10-01 Housing Corporation Act 1974
31: Title of Housing Restructuring and Tenancy Matters Act 1992 changed
In the Housing Restructuring and Tenancy Matters Act 1992
1: This Act is the Public and Community Housing Management Act 1992 2019-10-01 Housing Restructuring and Tenancy Matters Act 1992
32: Amendments to Act that was previously called Housing Restructuring and Tenancy Matters Act 1992
The Act that was previously called the Housing Restructuring and Tenancy Matters Act 1992 Schedule 2 2019-10-01 Housing Restructuring and Tenancy Matters Act 1992
33: Amendments, repeals, and revocations: other enactments
The enactments referred to in Schedule 3 2019-10-01 Administration Act 1969 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Corrections Act 2004 Crown Entities Act 2004 Crown Proceedings Act 1950 Family Benefits (Home Ownership) Act 1964 Family Violence Act 2018 Financial Markets Conduct Act 2013 Flags, Emblems, and Names Protection Act 1981 Goods and Services Tax Act 1985 Home Ownership Savings Act 1974 Housing Act 1955 Housing Assets Transfer Act 1993 Immigration Act 2009 Income Tax Act 2007 Insurance (Prudential Supervision) Act 2010 Land Act 1948 Legal Services Act 2011 Maori Affairs Restructuring Act 1989 Maori Housing Act 1935 Maori Housing Amendment Act 1938 Official Information Act 1982 Ombudsmen Act 1975 Privacy Act 1993 Prohibition of Gang Insignia in Government Premises Act 2013 Property Law Act 2007 Public Works Act 1981 Residential Tenancies Act 1986 Social Security Act 2018 State Advances Corporation Act 1965 Te Ture Whenua Maori Act 1993 Vincent County Empowering (Community Centres) Act 1970 Health Entitlement Cards Regulations 1993 Health Sector Transfers (Housing New Zealand Corporation) Order 2002 Housing Assets Transfer Order 1993 Housing Assets Transfer Order 1994 Housing Assets Transfer Order 1996 Housing New Zealand Limited Vesting Order 1993 Housing Restructuring Act (Vesting) Order 1996 Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 Privacy (Information Sharing Agreement between Inland Revenue and Ministry of Social Development) Order 2017 Privacy (Information Sharing Agreement between New Zealand Gang Intelligence Centre Agencies) Order 2018 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 Social Housing Appeals Regulations 2014 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Commencement Order 2013 Social Security Regulations 2018 Student Allowances Regulations 1998
34: Titles of certain legislative instruments changed
1: In the Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Appeals) Regulations 2000.
2: In the Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 clause 1
1: Title
This order is the Public and Community Housing Management (Appointment of Agency and Regulatory Authority) Order 2018.
3: In the Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Community Housing Provider) Regulations 2014.
4: In the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 regulation 1
1: Title
These regulations are the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018. 2019-10-01 Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 Housing Restructuring and Tenancy Matters (Appointment of Agency and Regulatory Authority) Order 2018 Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018