Public and Community Housing Management Act 1992

1: Title
1: This Act is the Public and Community Housing Management Act 1992.
2: Except as provided in subsections (3) and (4), this Act shall come into force on the date on which it receives the Royal assent.
3: Section 38
4: Section 41
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 1(1) replaced 1 October 2019 section 31 Kāinga Ora–Homes and Communities Act 2019 Section 1(4) brought into force 4 June 1999 clause 2 Housing Restructuring Act Commencement Order 1999 Section 1(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— additional resident
a: is aged 16 years or over; and
b: is financially independent ( as defined in Schedule 2
c: resides or is to reside in the housing; but
d: is not an applicable person agency section 100 agreement applicable person
a: means every person to whom the housing is or is to be let; and
b: includes every person who is the spouse or partner of such a person appointed day assessable assets assessable income section 108 authority section 159 Part 10 calculate calculation mechanism
a: sections 107 to 113
b: the regulations for the time being in force under section 114 code of conduct
a: in relation to information that may be required under section 80 section 86
b: in relation to information that may be required under section 125 section 138 community housing community housing provider Kāinga Ora–Homes and Communities
a: social rental housing:
b: affordable rental housing contributions
a: as a contribution towards the costs and expenses incurred by the applicable persons in residing there; or
b: in consideration of goods or services provided by the applicable persons while the resident is residing there; or
c: in consideration of the resident being allowed to reside there; or
d: for 2 or all of those reasons income-related purpose Schedule 2 income-related rent
a: in relation to a tenant of Kāinga Ora housing
i: calculated for the tenant under the calculation mechanism or Schedule 3
ii: notified to Kāinga Ora–Homes and Communities
b: in relation to a tenant of a registered community housing provider, means a rent that the agency has—
i: calculated for the tenant under the calculation mechanism; and
ii: notified to the provider joint Ministers Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 Kāinga Ora housing liabilities
a: liabilities and obligations under any Act or agreement; and
b: deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013
c: contingent liabilities market rent
a: in relation to Kāinga Ora housing Kāinga Ora–Homes and Communities Residential Tenancies Act 1986
b: in relation to housing provided by a registered community housing provider, means the rent for the time being determined by that provider or the Tenancy Tribunal (under the Residential Tenancies Act 1986 notification sections 103 106 partner spouse or partner A prospective tenant
a: who—
i: is not a person to whom any social housing is let or to be let; and
ii: has applied to the agency (alone or together with some other person or people) for an assessment of the person's eligibility for social housing and—
A: whose eligibility for social housing has not yet been confirmed or declined or whose application for an assessment has not yet been withdrawn; or
B: whose eligibility for social housing has been confirmed but who has not yet been allocated any particular social housing by a social housing provider; or
b: who—
i: is already a person to whom social housing is let or to be let; but
ii: has applied to the agency (alone or together with some other person or people) to become a tenant of some other social housing and has not yet had the application accepted or declined, or withdrawn it registered community housing provider Part 10 reimbursement agreement section 85(1) section 98(1) rent period rights social housing Kāinga Ora housing social housing provider Kāinga Ora–Homes and Communities standard tax schedule 5 study grant section 645 tailored agreement section 137A tenant
a: in relation to social housing in general,—
i: means any person or people to whom any social housing is let or to be let; and
ii: includes a prospective tenant; and
b: in relation to any particular social housing, means the person or people to whom it is let or to be let.
2: In this Act, a reference to transfer authorise grant
3:
4: References in this Act to person Section 2(1) additional resident inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) additional resident amended 26 November 2018 section 459 Social Security Act 2018 Section 2(1) agency inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) applicable person inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) appointed day inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) assessable assets inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) assessable income inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) authority inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) board repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) calculate inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) calculation mechanism replaced 1 July 2023 section 63 Child Support (Pass On) Acts Amendment Act 2023 Section 2(1) code of conduct inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) community housing inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) community housing provider inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) community housing provider amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) company repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) contributions inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) Corporation repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) Corporation assets repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) Corporation liabilities repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) HNZ repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) HNZ housing repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) income-related purpose inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) income-related purpose amended 26 November 2018 section 459 Social Security Act 2018 Section 2(1) income-related rent inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) income-related rent amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) income-related rent amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) joint Ministers inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) Kāinga Ora–Homes and Communities inserted 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) Kāinga Ora housing inserted 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) liabilities amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) market rent inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) market rent amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) notification inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) partner inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) prospective tenant inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) registered community housing provider inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) reimbursement agreement inserted 28 May 2015 section 4 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 2(1) rent period inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) responsible Minister repealed 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001 Section 2(1) rules repealed 28 November 2013 section 4(2) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) security repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) shareholding Ministers repealed 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001 Section 2(1) sitting day repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) social housing inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) social housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) social housing provider inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) social housing provider amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) standard tax inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) standard tax amended 1 April 2019 section 259 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 2(1) State housing assets repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) State housing liabilities repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) statement of corporate intent repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) study grant inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(1) study grant amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) subsidiary repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) tailored agreement inserted 28 May 2015 section 4 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 2(1) tenant inserted 14 April 2014 section 19(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 2(3) repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 2(4) inserted 28 November 2013 section 4(3) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
3: Act to bind the Crown
This Act binds the Crown.
3A: Transitional and savings provisions
This Act is subject to Schedule 4 Section 3A inserted 28 November 2013 section 20 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
1: Principles
4: Principal objective of company
Section 4 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
5: Responsibility of Ministers
Section 5 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
6: Directors and their role
Section 6 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
7: Contracts for provision of services
Section 7 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
8: Collective agreements
Section 8 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
2: Acquisition by the Crown of shares in company
Part 2 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
9: Acquisition by the Crown of shares in company
Section 9 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
10: Application of Companies Act 1955
Section 10 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
11: Shareholding Ministers may subscribe for additional shares and equity bonds in company
Section 11 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
12: Equity bonds
Section 12 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
13: Provisions relating to Ministers' shareholding
Section 13 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
14: Powers of shareholding Ministers in respect of company
Section 14 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
3: Accountability
Part 3 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
15: Statement of corporate intent
Section 15 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
16: Annual report, accounts, and dividend
Section 16 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
17: Half-yearly reports
Section 17 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
18: Information to be laid before House of Representatives
Section 18 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
19: Other information
Section 19 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
20: Auditor-General to be auditor of company and subsidiaries
Section 20 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
21: Protection from disclosure of sensitive information
Section 21 repealed 1 July 2001 section 25(1)﻿(c) Housing Corporation Amendment Act 2001
4: Vesting of State housing assets and liabilities and Corporation assets and liabilities in company
Part 4 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
22: Agreements in relation to vesting of State housing assets and liabilities and Corporation assets and liabilities
Section 22 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
23: Assets relating to land and interests in land may be dealt with separately
Section 23 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
24: Vesting of State housing assets and liabilities and Corporation assets and liabilities in company
Section 24 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
25: Additional provisions relating to vesting
Section 25 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
26: Vesting of assets where certain terms and conditions prescribed by statute
Section 26 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
27: Provisions relating to vesting of land
Section 27 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
28: Title to land vested in company
Section 28 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
29: Land certification
Section 29 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
30: Certification of easements
Section 30 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
31: Orders in Council relating to vesting of State housing assets and liabilities and Corporation assets and liabilities
Section 31 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
32: Books and documents to remain evidence
Section 32 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
33: Application of Housing Act 1955 to company
Section 33 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
34: Acquisition of land under Public Works Act 1981
Section 34 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
35: Return of assets or liabilities by company to the Crown
Section 35 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
36: Title to land vested in the Crown
Section 36 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
37: Application of Housing Act 1955
Section 37 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
38: Amendment to section 34 of Housing Act 1955
Section 38 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
39: Amendment to Maori Housing Act 1935
Section 39 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
40: Application of Government Superannuation Fund Act 1956
Section 40 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
41: Amendments to other Acts
Section 41 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
5: Income-related rents, housing eligibility, and other matters
2014-04-14 Housing Restructuring and Tenancy Matters Act 1992 Part 5 is repealed on the date that Part 7 comes into force (14 April 2014 by SR 2013/480). See section 22 of 2013 No 97. Part 5 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
42: Interpretation
Section 42 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
43: Income-related rent
Section 43 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
44: Backdating
Section 44 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
45: Changes in rent
Section 45 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Calculating income-related rents Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
46: Calculating income-related rents
Section 46 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
47: Assessable income
Section 47 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
48: Certain amounts included in weekly income
Section 48 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
49: Calculation mechanism may include amounts in or exclude amounts from weekly income
Section 49 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Assessable assets, and deprivation of income or property Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
50: Assessable assets
Section 50 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
51: Assessable income may be adjusted in certain cases
Section 51 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Estimating weekly income, and regulations for purposes of calculation mechanism Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
52: Estimating weekly income
Section 52 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
53: Regulations for purposes of calculation mechanism
Section 53 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Transitional matters Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
54: Transitional arrangements for certain tenants
Section 54 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
55: Responsible department Section 55 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Administrative matters and review Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
56: Tenant’s duty to advise change of circumstances
2014-04-14 Housing Restructuring and Tenancy Matters Act 1992 Section 56(2) — Part 7 is brought into force on 14 April 2014 by SR 2013/480. If section 56(2) is not in force before this date, then section 56(2) expires and is repealed on that date (See 2013 No 97, section 2(2)). Section 56 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57: Reviews of income-related rents
Section 57 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57A: HNZ may review housing eligibility
Section 57A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Investigations and information-gathering powers Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57B: HNZ may investigate circumstances relevant to income-related rent
Section 57B repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57C: HNZ may investigate circumstances of prospective tenant
Section 57C repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57D: HNZ may investigate circumstances relevant to continued eligibility
Section 57D repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
57E: HNZ may investigate circumstances of applicant for financial product
Section 57E repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
58: HNZ may ask questions, etc
Section 58 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
58A: Actions that may be taken by HNZ
Section 58A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
59: HNZ may seek information
Section 59 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
59A: HNZ may require information for certain purposes
Section 59A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
60: Recovery where rate of rent too low
Section 60 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
61: Allocation of HNZ housing
Section 61 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Offences Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
61A: Offence not to provide information or to provide false or misleading information
Section 61A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
61B: Offence to mislead HNZ for certain purposes or results
Section 61B repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Appeals Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
62: Rights of appeal
Section 62 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
62A: Tenant may appeal
Section 62A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
62B: Powers of appeal body
Section 62B repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
62C: Where appeal body established by regulations
Section 62C repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
63: Regulations for purposes other than calculation mechanism
Section 63 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Delegation Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
64: Delegation of powers under this Part
Section 64 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65: Reimbursement of company
Section 65 repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Code of conduct Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65A: Code of conduct applying to obtaining information under section 59A
Section 65A repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65B: Who must comply with code of conduct
Section 65B repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65C: Regulations authorising information to be obtained
Section 65C repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65D: Complaints
Section 65D repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65E: Matters to be included in code of conduct
Section 65E repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Deduction notices Heading repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65F: Interpretation of deduction notice sections of this Part
Section 65F repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65G: Deduction of overdue Crown debt
Section 65G repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65H: Matters relating to deduction notice
Section 65H repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65I: Issue of deduction notice to State sector employer
Section 65I repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65J: Discharge of debt
Section 65J repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65K: Deduction notices issued to banks
Section 65K repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65L: Making of deductions
Section 65L repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65M: Offences in relation to deduction notices
Section 65M repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65N: Protected earnings
Section 65N repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65O: Penalty for late deductions
Section 65O repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
65P: How notice may be given
Section 65P repealed 14 April 2014 section 22 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
6: Information matching
Part 6 repealed 1 December 2020 section 190 Privacy Act 2020
66: Interpretation
Section 66 repealed 1 December 2020 section 190 Privacy Act 2020
67: Purpose of section 68
Section 67 repealed 1 December 2020 section 190 Privacy Act 2020
68: Disclosure of tenancy information for benefit purposes
Section 68 repealed 1 December 2020 section 190 Privacy Act 2020
69: Information and details to be disclosed
Section 69 repealed 1 December 2020 section 190 Privacy Act 2020
7: Kāinga Ora housing
Part 7 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Part 7 heading replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
70: Purpose of this Part and Parts 8 to 10
1: The purpose of this Part and Parts 8 to 10
2: This Part and Parts 8 to 10
a: enable the assessment of need and eligibility for social housing, and eligibility for an income-related rent, and associated functions (such as providing advice, managing applications for social housing, carrying out investigations, and referring and allocating prospective tenants and tenants to social housing providers), to be performed by 1 or more government agencies that are independent of the agency that provides state housing:
b: define the role of Kāinga Ora–Homes and Communities in
c: facilitate the growth of the community housing sector by enabling the extension, on terms and conditions set by the joint Ministers, of an income-related rent subsidy to registered community housing providers and an income-related rent to their tenants:
ca: provide flexibility for the social housing agency and social housing providers to enter into tailored agreements for the provision of social housing and any related services, subject to ministerial direction:
d: enable the appointment of a government agency as a regulatory authority for registered community housing providers, with associated objectives, functions, and powers to monitor and enforce compliance with regulatory standards:
e: enable the making of regulations that prescribe eligibility criteria and performance standards to be met by registered community housing providers:
f: create certain offences for failure to comply with information requirements issued to tenants and associated parties by relevant government agencies.
3: In this section, government agency Section 70 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 70(2)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 70(2)﻿(ca) inserted 28 May 2015 section 5 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
71: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— prospective tenant for Kāinga Ora housing
a: who—
i: is eligible to be allocated social housing; and
ii: is not a person to whom any Kāinga Ora housing
iii: has been referred or allocated to Kāinga Ora–Homes and Communities Kāinga Ora housing
b: who—
i: is already a person to whom Kāinga Ora housing
ii: has applied to Kāinga Ora–Homes and Communities Kāinga Ora housing tenant
a: in relation to Kāinga Ora housing
i: means any person or people to whom any Kāinga Ora housing
ii: includes a prospective tenant for Kāinga Ora housing
b: in relation to any particular Kāinga Ora housing Section 71 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 71 financial product repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 prospective tenant for Kāinga Ora housing prospective tenant for HNZ housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 prospective tenant for Kāinga Ora housing prospective tenant for HNZ housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 prospective tenant for Kāinga Ora housing prospective tenant for HNZ housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 prospective tenant for Kāinga Ora housing prospective tenant for HNZ housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 prospective tenant for Kāinga Ora housing prospective tenant for HNZ housing amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 tenant amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 tenant amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 tenant amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 71 tenant amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
72: Income-related rent
1: This subsection applies to Kāinga Ora housing
a: an income-related rent has been calculated for the tenant under Part 9 Schedule 3
b: the agency has notified under section 106
c: that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the tenant must pay market rent.
2: If subsection (1) applies to any Kāinga Ora housing
3: If subsection (1) does not apply to any Kāinga Ora housing
4: The income-related rent for any Kāinga Ora housing
5: If satisfied that special circumstances justify its doing so, Kāinga Ora–Homes and Communities Kāinga Ora housing
6: Subsections (2) to (5) are subject to section 73 Section 72 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 72(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 72(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 72(3) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 72(4) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 72(5) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
73: Changes in rent
1: This section applies to an existing tenant of Kāinga Ora housing Kāinga Ora–Homes and Communities
a: is required by section 72 74
b: is empowered by section 72
2: Kāinga Ora–Homes and Communities section 136
a: the date on which it takes effect; and
b: the matters referred to in paragraphs (j) and (k) of section 13A
3: In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing whether or not the tenant signs it.
4: In the case of an increase in rent, the notice must comply with section 24 section 74 Section 73 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 73(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 73(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
74: Increase in rent due to change in tenant's circumstances
1: If Kāinga Ora–Homes and Communities section 106
a: Kāinga Ora–Homes and Communities section 73(2) effective date
b: the effective date must be a date no earlier than 61 days after the date (as stated in the agency's notification) that the change in circumstances occurred; and
c: Kāinga Ora–Homes and Communities
2: The income-related rent notified under subsection (1)﻿(a) for any Kāinga Ora housing
3: The agency may recover from the tenant as a debt due to the Crown, the difference (if any) between—
a: the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.
4: Kāinga Ora–Homes and Communities in the opinion of Kāinga Ora–Homes and Communities
5: Section 24(1)﻿(c) to (h) and 24(1A)
6: Amounts recoverable under subsection (3) are not rent in arrear for the purpose of the Residential Tenancies Act 1986 Example
Mary is a tenant of Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Several months later, the agency becomes aware that Mary’s circumstances had changed on 1 March. The agency calculates an increased income-related rent for Mary, and notifies Kāinga Ora–Homes and Communities On 1 October that same year, Kāinga Ora–Homes and Communities The agency is entitled to recover from Mary, as a debt due to the Crown, the difference between—
a: the higher income-related rent for the housing (as set out in the agency’s notification), in respect of the period commencing on 1 May (61 days after the change in circumstances) and ending on 20 October; and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing (as set out in the agency's previous notification). Section 74 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 74(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 74(1)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 74(1)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 74(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 74(4) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 74(5) amended 11 February 2021 section 82 Residential Tenancies Amendment Act 2020 Section 74 example amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
75: Kāinga Ora–Homes and Communities
1: Kāinga Ora–Homes and Communities
a: allocate a prospective tenant for Kāinga Ora housing Kāinga Ora housing
b: review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular Kāinga Ora housing
c: require a tenant to transfer to different Kāinga Ora housing Kāinga Ora–Homes and Communities
2: Nothing in this section limits or affects—
a: a tenant’s rights under the Residential Tenancies Act 1986
b: the rights of Kāinga Ora–Homes and Communities Residential Tenancies Act 1986
c: the functions and powers of Kāinga Ora–Homes and Communities Section 75 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 75 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(1)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(1)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(1)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(2)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 75(2)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
76: Limits on obligations of
Kāinga Ora–Homes and Communities Nothing in this Act requires Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 76 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 76 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 76 amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Information Heading replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
77: HNZ may investigate circumstances of applicant for financial product
Section 77 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
78: HNZ may ask questions, take actions, etc
Section 78 repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
79: Kāinga Ora–Homes and Communities
1: For the purposes of a review under section 75 investigation under section 16 Kāinga Ora–Homes and Communities
a: answer questions; or
b: allow Kāinga Ora–Homes and Communities
c: give Kāinga Ora–Homes and Communities
i: a copy of any document or other written information; or
ii: a printout of any information stored digitally.
2: The person does not have to comply with the request but (for the purposes of section 24 Section 79 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 79 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 79(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 79(1)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 79(1)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 79(2) amended 1 December 2020 section 217 Privacy Act 2020
80: Kāinga Ora–Homes and Communities
1: Kāinga Ora–Homes and Communities
a: for the purpose of any investigation under section 16
b: for the purpose of detecting whether a person has committed or is committing an offence under section 82 83
c: for the purpose of determining and detecting the cost of fraud under section 82 83
d: for the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 17(1)﻿(a)
2: Kāinga Ora–Homes and Communities
3: Kāinga Ora–Homes and Communities
4: A person from whom information is required under subsection (1) or advice is required under subsection (3) must comply with the requirement—
a: no later than 5 working days after the notice was given; and
b: in the manner specified in the notice, without charge to Kāinga Ora–Homes and Communities
5: This subsection authorises (for the purposes of section 24
6: Subsection (1) does not—
a: require any person to provide any information or produce any document that would be privileged in a court of law:
b: require any person to provide any information or produce any document that is legally professionally privileged.
7: Subsection (6) does not apply to information—
a: that consists wholly or partly of, or relates wholly or partly to,—
i: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person); or
ii: investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, his or her client, or any other person or persons); and
b: is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.
8: If a person refuses to disclose any information or document on the ground that it is privileged under subsection (6)﻿(a) or (b),—
a: Kāinga Ora–Homes and Communities
b: for the purposes of determining that application, the Judge may require the information or document to be produced to the court.
9: In this section,— lawyer Lawyers and Conveyancers Act 2006 trust account section 6 Section 80 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 80 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(1)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(1)﻿(d) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(3) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(4)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 80(5) amended 1 December 2020 section 217 Privacy Act 2020 Section 80(8)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Placement in Kāinga Ora housing Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
81: Placement in
Kāinga Ora housing
1: The matters to which Kāinga Ora–Homes and Communities
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in paragraphs (b), (h), (i), and (l) of section 21(1)
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are any thing that Kāinga Ora–Homes and Communities Kāinga Ora housing
a: allocating, assigning, and letting, or continuing to let, Kāinga Ora housing
b: reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular Kāinga Ora housing
c: terminating a tenancy; and
d: reallocating or reassigning Kāinga Ora housing
e: retaining the current allocation, assignment, or letting of particular Kāinga Ora housing
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990 Section 81 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 81 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(2)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(2)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(2)﻿(d) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 81(2)﻿(e) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Offences Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
82: Offence not to provide information or to provide false or misleading information
1: A person who is required to provide information under section 80(1)
a: fails or refuses to provide, without reasonable excuse, the information required:
b: provides false or misleading information in response to the requirement.
2: A person who is required to advise under section 80(3) section 80(1)
a: fails or refuses to provide the advice without reasonable excuse:
b: provides false or misleading information in response to the requirement.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000. Section 82 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
83: Offence to mislead
Kāinga Ora–Homes and Communities
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: deliberately does or says anything for the purpose of misleading or attempting to mislead Kāinga Ora–Homes and Communities
c: when required to provide information under section 80 Kāinga Ora–Homes and Communities
2: The purpose is—
a: for that person or another person to be or continue to be allocated, assigned, or let particular Kāinga Ora housing Kāinga Ora housing
b: for that person or another person to receive or continue to receive home-related financial assistance under the Kāinga Ora–Homes and Communities Act 2019
3: The result is that person, or another person, whether or not entitled to it
a: is or continues to be allocated, assigned, or let particular Kāinga Ora housing
b: is allocated, assigned, or let some other Kāinga Ora housing
c: receives or continues to receive home-related financial assistance under the Kāinga Ora–Homes and Communities Act 2019
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000, or both. Section 83 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 83 heading amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(1)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(1)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(2)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(2)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(3) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(3)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(3)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 83(3)﻿(c) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Delegations Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
84: Delegation of powers under this Part
1: Kāinga Ora–Homes and Communities may not delegate any power under this Part except to—
a: an employee of Kāinga Ora–Homes and Communities; or
b: a person engaged by Kāinga Ora–Homes and Communities under a contract for services providing for the person to exercise that power; or
c: the agency or chief executive of the agency.
2:
3: An employee to whom a power has been delegated by Kāinga Ora–Homes and Communities in accordance with subsection (1) may, with the consent of Kāinga Ora–Homes and Communities, subdelegate that power to another employee of Kāinga Ora–Homes and Communities
4: The agency or the chief executive of the agency to whom a power has been delegated by Kāinga Ora–Homes and Communities in accordance with subsection (1) may
5: If Kāinga Ora–Homes and Communities delegates a power under this Part to a body corporate engaged by Kāinga Ora–Homes and Communities
a: the body corporate cannot subdelegate the power except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom the power is subdelegated cannot subdelegate it further.
6: Subsections (1) to (5) override section 130(1) Section 84 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 84(1) replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 84(2) repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 84(3) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 84(4) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 84(5) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Reimbursement Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
85: Reimbursement agreement with Kāinga Ora–Homes and Communities
1: Kāinga Ora–Homes and Communities must, if required by the Crown, enter into 1 or more agreements for the provision by Kāinga Ora–Homes and Communities of housing and related services to persons who pay income-related rents rather than market rents for the housing, in return for the payment by the Crown of the difference between the amounts of market rents for the housing and the income-related rents charged.
2: However, subsection (1) does not apply to the extent (if any) that a tailored agreement covers the provision by Kāinga Ora–Homes and Communities of housing and related services to persons who pay income-related rents rather than market rents for the housing. ( See section 137A Section 85 replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Code of conduct Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
86: Code of conduct applying to obtaining information required under section 80
1: Kāinga Ora–Homes and Communities section 80
2: The code of conduct—
a: must include the matters specified in section 90
b: may include restrictions on obtaining—
i: specified classes of information; and
ii: information from specified classes of persons or from persons in specified relationships; and
c: must specify procedures applying to the obtaining of information under section 80
3: Kāinga Ora–Homes and Communities
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under section 32 section 80 Kāinga Ora–Homes and Communities section 88
5: As soon as practicable after issuing any code of conduct and any amendment to it under this section, Kāinga Ora–Homes and Communities
6: The code of conduct that, before the commencement of this section, was issued under Part 5 1964 No 136 s 11B Section 86 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 86(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 86(3) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 86(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 86(4) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 86(5) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
87: Who must comply with code of conduct
The following persons must comply with the code of conduct when requiring information under section 80
a: Kāinga Ora–Homes and Communities and every employee of Kāinga Ora–Homes and Communities:
b:
c: the agency and every employee and the chief executive of the agency:
d: every person or body corporate engaged by Kāinga Ora–Homes and Communities
e: every employee of a person or body corporate referred to in paragraph (d). Section 87 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 87(a) replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 87(b) repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 87(d) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
88: Regulations authorising information to be obtained
1: The Governor-General may, on the advice of the joint Ministers given after consultation with the Privacy Commissioner, by Order in Council, make regulations authorising Kāinga Ora–Homes and Communities section 80
a: any specified class of information; or
b: information from any specified class of persons; or
c: information in any specified manner.
2: Subsection (1) applies despite the fact that the making of that requirement would otherwise be in breach of any code of practice issued by the Privacy Commissioner under section 32
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 88 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 88(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 88(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 88(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
89: Complaints
1: Any person who is required to provide any information under section 80
2: Parts 5 6 section 32 Section 89 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 89(2) replaced 1 December 2020 section 217 Privacy Act 2020
90: Matters to be included in code of conduct
1: The code of conduct issued under section 86
a: provisions requiring the information to be first sought, as the case may require, except where compliance with such provision would prejudice the maintenance of the law, from the applicant for or recipient of home-related financial assistance under the Kāinga Ora–Homes and Communities Act 2019
b: provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before Kāinga Ora–Homes and Communities
c: a provision prohibiting a requirement under section 80
d: a provision prohibiting a requirement under section 80
e: provisions otherwise restricting requirements under section 80
2: In subsection (1)﻿(c), reasonable cause
a: cause to suspect that the person—
i: has committed an offence under this Part; or
ii: has obtained by fraud any home-related financial assistance under the Kāinga Ora–Homes and Communities Act 2019
b: the fact that the person has failed, within the time specified in the code, or has refused, to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)﻿(a). 1964 No 136 s 11C Section 90 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 90(1)﻿(a) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 90(1)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 90(2)﻿(a)﻿(ii) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
8: Community housing
Part 8 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
91: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— prospective tenant for community housing
a: who—
i: is eligible to be allocated community housing; and
ii: is not a person to whom any community housing is let; and
iii: has been referred or allocated to a registered community housing provider to be allocated, assigned, or let community housing; or
b: who—
i: is already a person to whom community housing is let; but
ii: has applied to the registered community housing provider (alone or together with some other person or people) to become a tenant of some other community housing offered by that provider and has not yet had the application accepted or declined, or withdrawn it tenant
a: in relation to community housing in general,—
i: means any person or people to whom any community housing is let or to be let; and
ii: includes a prospective tenant for community housing; and
b: in relation to any particular community housing, means the person or people to whom it is let or to be let. Section 91 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
92: Income-related rent
1: This subsection applies to community housing, a registered community housing provider, and a tenant if—
a: the tenant is an eligible tenant who—
i: has been allocated or referred to a registered community housing provider by the agency; or
ii: immediately before becoming a tenant of a registered community housing provider—
A: was a tenant or prospective tenant of Kāinga Ora housing
B: had not been assessed by the agency as being no longer eligible for social housing; and
b: an income-related rent has been calculated for the tenant under Part 9
c: the agency has notified under section 106
d: that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the rent for the housing may be determined by the registered community housing provider but must not exceed its market rent for the time being.
2: If subsection (1) applies to any community housing, a registered community housing provider, and a tenant, the rent for the community housing must be the income-related rent for the time being notified by the agency, subject to subsections (4) and (5).
3: If subsection (1) does not apply to any community housing, a registered community housing provider, and a tenant, the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being.
4: The income-related rent for any community housing must not exceed its market rent for the time being.
5: If a registered community housing provider is satisfied that special circumstances justify its doing so, it may, in its absolute discretion, set for and accept from a tenant a rent lower than the rent otherwise required by subsection (2) to be paid for the housing by the tenant.
6: Subsections (2) to (5) are subject to section 93
7: In subsection (1), eligible tenant section 102 Section 92 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 92(1)﻿(a)﻿(ii)﻿(A) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
93: Changes in rent
1: This section applies to an existing tenant of community housing if the registered community housing provider—
a: is required by section 92 94
b: is empowered by section 92
2: The registered community housing provider must, in accordance with section 136
a: the day on which it takes effect; and
b: the matters referred to in paragraphs (j) and (k) of section 13A
3: In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing whether or not the tenant signs it.
4: In the case of an increase in rent, the notice must comply with section 24 section 94 Section 93 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
94: Increase in rent due to change in tenant's circumstances
1: If a registered community housing provider receives a notification from the agency under section 106
a: the provider must, subject to subsection (4), give the tenant written notice, in accordance with section 93(2) effective date
b: the effective date must be a date no earlier than 61 days after the date (as stated in the agency's notification) that the change in circumstances occurred; and
c: the provider must give the notice to the tenant at least 2 weeks before the effective date.
2: The agency may recover from the tenant as a debt due to the Crown, the difference (if any) between—
a: the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.
3: The income-related rent notified under subsection (1)﻿(a) for the housing must not exceed its market rent for the time being.
4: A registered community housing provider must change the rent charged following receipt of a notification from the agency unless, in the provider’s opinion, it would not result in a material difference to the rent charged for the housing concerned.
5: Section 24(1)﻿(c) to (h) and 24(1A)
6: Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986 Example
Mary is a tenant of a registered community housing provider and is paying an income-related rent to the provider. On 1 March, Mary returned to full-time employment but did not tell the agency of her change in circumstances. Several months later, the agency becomes aware that Mary’s circumstances had changed on 1 March. The agency calculates an increased income-related rent for Mary, and notifies the registered community housing provider accordingly. The increased income-related rent does not exceed the market rent for the housing. On 1 October that same year, the registered community housing provider notifies Mary that she must pay an increased income-related rent (in accordance with the agency’s notification) from the rent period beginning on 21 October (the effective date). The agency is entitled to recover from Mary, as a debt due to the Crown, the difference between—
a: the higher income-related rent for the housing (as set out in the agency’s notification) in respect of the period commencing on 1 May (61 days after the change in circumstances) and ending on 20 October; and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing (as set out in the agency's previous notification). Section 94 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 94(5) amended 11 February 2021 section 82 Residential Tenancies Amendment Act 2020
95: Placement in community housing
1: The matters to which a registered community housing provider may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in paragraphs (b), (h), (i), and (l) of section 21(1)
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are anything that a registered community housing provider does in the course of allocating, assigning, and letting community housing to tenants, and in administering and terminating those tenancies, and include—
a: allocating, assigning, and letting community housing to tenants at an income-related rent; and
b: allocating, assigning, and letting community housing to tenants; and
c: reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing; and
d: terminating a tenancy; and
e: reallocating or reassigning community housing to tenants; and
f: retaining the current allocation, assignment, or letting of particular community housing to tenants.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990 Section 95 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
96: Registered community housing provider may review placement
1: A registered community housing provider may—
a: allocate a prospective tenant for community housing to particular community housing provided by that provider:
b: review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing provided by that provider:
c: require a tenant to transfer to different community housing provided by that provider if the provider considers that the transfer is necessary or desirable for any reason and the other housing is appropriate to the tenant's housing needs.
2: Nothing in this section limits or affects—
a: a tenant’s rights under the Residential Tenancies Act 1986
b: a registered community housing provider’s rights as a landlord under the Residential Tenancies Act 1986 Section 96 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
97: Limits on obligations of registered community housing provider
Nothing in this Act requires a registered community housing provider to provide any housing or particular housing to a tenant referred or allocated to the provider by the agency. Section 97 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
98: Reimbursement
agreements with
1: The Crown may require a registered community housing provider to enter into 1 or more agreements for the provision, by that provider, of social housing and related services to any persons paying income-related rents in return for the payment by the Crown of the price to the provider of doing so (being the difference between the amount of market rents for the housing and the income-related rents notified to the provider by the agency).
2: However, subsection (1) does not apply to the extent (if any) that a tailored agreement covers the provision by the registered community housing provider of social housing and related services to any persons paying income-related rents. ( See section 137A Section 98 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 98 heading amended 28 May 2015 section 7(1) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 98(2) inserted 28 May 2015 section 7(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
9: Social housing agency
Part 9 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Preliminary provisions Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
99: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— appeal body section 136(1) section 133 Ministry Social Security Act 2018 prescribed
a: prescribed by the calculation mechanism for the purposes of the provision; or
b: calculated under a means prescribed by the calculation mechanism for the purposes of the provision. Section 99 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 99 Ministry amended 26 November 2018 section 459 Social Security Act 2018 Appointment, functions, and operation of social housing agency Heading inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
100: Social housing agency
1: The Governor-General may, from time to time, by Order in Council made on the recommendation of the joint Ministers, appoint a department, departmental agency, or a Crown entity or any combination of 1 or more departments, departmental agencies, or Crown entities, to perform some or all of the functions and exercise some or all of the powers of the agency under this Act.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 100(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
101: Functions of agency
The functions of the agency include the following:
a: providing assistance and advice to people on matters relating to housing or services related to housing; and
b: managing applications for social housing, including—
i: assessing the eligibility of prospective tenants to be allocated social housing or to be referred or allocated to any particular social housing provider:
ii: assessing the housing needs of prospective tenants:
iii: reviewing the eligibility of tenants to continue to be allocated social housing and reviewing their housing needs:
iv: operating a waiting list or waiting lists of prospective tenants who have been assessed as being eligible for social housing, but who have yet to be allocated, assigned, or let social housing:
v: referring or allocating prospective tenants to social housing providers:
vi: providing the results of its assessments of eligibility and housing needs to Kāinga Ora–Homes and Communities
c: any other functions of the agency set out in this Act and any other functions under Part 7 Section 101 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 101(b)﻿(vi) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
102: Ministerial directions to agency
1: The joint Ministers and, if applicable, any other Minister responsible for the agency may give to the agency directions setting out the terms and conditions on which the funding by way of payments under reimbursement agreements and tailored agreements Kāinga Ora–Homes and Communities
a: the type of housing units that may be funded
b: the number of housing units that may be funded
c: the location of housing units that may be funded
1A: The Minister responsible for the agency may, in consultation with the joint Ministers and for the following purposes, give to the agency directions in accordance with which the agency may enter into a tailored agreement under section 137A
1B: The purposes of a direction under subsection (1A) are to enable flexible purchasing approaches by the agency and to promote social housing outcomes that reflect the diverse needs of tenants and the diverse range of existing social housing providers and potential providers.
1C: Without limiting the generality of subsection (1A), a direction under that subsection may—
a: relate to any 1 or more social housing providers or to any particular social housing provider or providers:
b: relate to all social housing and related services, or state the social housing and related services to which it relates (for example, by type or number or location):
c: relate to the provision of social housing now and into the future whether or not the social housing services sought relate to existing or anticipated premises or to premises currently owned by the social housing provider.
2: The joint Ministers, and if applicable, any other Minister responsible for the agency must give to the agency directions stating the criteria by which the agency must assess—
a: a person's eligibility for social housing:
b: a person's continued eligibility for social housing.
3: The joint Ministers, and if applicable, any other Minister responsible for the agency may give to the agency directions determining—
a: the timing of reviews by the agency under section 117
b: the class or classes of people which the agency may or may not review under that section.
4: Before making any direction under subsection (1), (2), or (3)
a: the agency and the authority; and
b: any social housing provider that, in the Minister's opinion, will be materially affected by the direction.
5: The requirement in subsection (4)﻿(b) does not apply to the first directions to be made under subsection (2) or (3).
6: The agency must, in carrying out functions under this Act, give effect to any directions that are given to it under this section and that are signed by the Minister or Ministers who may give the directions.
7: If the agency is a Crown entity, subsections (1) to (6) do not limit Part 3
8: If there is any inconsistency between the provisions of this Act and the Crown Entities Act 2004
9: A direction under this section is secondary legislation ( see Part 3 2004 No 115 ss 103 115 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 102 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 102(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 102(1) amended 28 May 2015 section 8(1)﻿(a) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1)﻿(a) amended 28 May 2015 section 8(1)﻿(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1)﻿(b) amended 28 May 2015 section 8(1)﻿(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1)﻿(c) amended 28 May 2015 section 8(1)﻿(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1A) inserted 28 May 2015 section 8(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1B) inserted 28 May 2015 section 8(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(1C) inserted 28 May 2015 section 8(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(4) amended 28 May 2015 section 8(3) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(6) replaced 28 May 2015 section 8(4) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 102(9) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Eligibility, housing needs, and income-related rent Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
103: Agency to notify social housing providers of eligibility and housing needs
1: The agency must, in relation to any tenant of a social housing provider that has been referred or allocated to the provider by the agency or is housed by the provider, notify the provider each time the agency makes an assessment of—
a: the eligibility or continued eligibility of the tenant for social housing; and
b: the housing needs of the tenant.
2: The notification—
a: must set out the results of the agency's assessment; and
b: may include any other information that the agency considers reasonable or necessary, including matters relevant to tenancy sustainability; and
c: must include the information reasonably requested by the social housing provider, to enable the social housing provider to make decisions on allocating, assigning, and letting housing, and continuing to allocate, assign, and let housing.
3: The agency must update the notification following any determination that affects the tenant’s eligibility for social housing or housing needs assessed by the agency or determined on review and appeal, and may update a notification following an investigation under this Part.
4: A social housing provider is entitled to rely on a notification given under this section.
5: A notification under this section may be given by electronic means in accordance with subpart 2 Section 103 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 103(5) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
104: Income-related rent
1: This subsection applies to social housing and a tenant if—
a: the tenant is eligible to be allocated social housing or has been allocated, assigned, or let particular social housing; and
b: the tenant has applied to the agency for it to calculate an income-related rent; and
c: the agency is satisfied that—
i: it has had all information reasonably needed to calculate or review an income-related rent for long enough to be able to do so; and
ii: the information is accurate.
2: If subsection (1) applies, the agency must—
a: calculate the income-related rent for the time being for the tenant; and
b: provide notification under section 106
3: However, if the agency is not satisfied that it has had all information reasonably needed to calculate or review an income-related rent for long enough to be able to do so or that the information is accurate, the agency must provide notification to the social housing provider under section 106
a: the rent for the housing must be its market rent for the time being, in accordance with section 72(3)
b: the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3)
4: The agency must update a notification following any change to the income-related rent calculated or determined for the tenant.
5: The agency may update a notification following an investigation of circumstances relevant to an income-related rent under this Part. Section 104 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
105: Backdating of applications for calculation of income-related rent
1: The agency may treat an application made at any time for it to calculate an income-related rent as having been made at any earlier time it determines, if satisfied that—
a: it has all information reasonably needed to calculate an income-related rent as at the time determined; and
b: the information is accurate; and
c: it was unreasonable in all the circumstances to expect the application to have been made earlier.
2: This subsection applies to an application made to the agency for it to calculate an income-related rent if,—
a: at the time it was made, the agency—
i: did not have all the information reasonably needed to calculate an income-related rent; or
ii: had all the information reasonably needed to calculate an income-related rent, but was not satisfied that it was accurate; and
b: at some later time, the agency is satisfied that—
i: it has all that information; and
ii: the information is accurate.
3: The agency may treat an application to which subsection (2) applies as if the agency had had all the information reasonably needed to calculate an income-related rent at any time it determines between the time the application was made and the later time concerned. Section 105 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
106: Agency must notify social housing providers of tenant’s income-related rent
1: The agency must notify a social housing provider of the income-related rent calculated for a tenant who has been referred or allocated to, or is housed by, that social housing provider.
2: The agency—
a: must update the notification following any change to the income-related rent calculated or notified for the tenant, including any change where the agency's assessment is that the income-related rent should be equal to the market rent; and
b: may update a notification following an investigation under this Part.
3: An updated notification must state whether the change in income-related rent is due to a change in the tenant’s circumstances or the circumstances of any other applicable person and, if so, the date the change in circumstances occurred.
4: A social housing provider is entitled to rely on a notification given under this section.
5: A notification under this section may be given by electronic means in accordance with subpart 2 Section 106 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 106(5) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Calculating income-related rents Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
107: Calculating income-related rents
1: An income-related rent (calculated on a weekly basis) is the higher of the following rents:
a: a rent calculated by reference to household income under subsection (2):
b: a rent calculated by reference to benefit levels under subsection (3).
2: A rent calculated by reference to household income is the sum of—
a: the prescribed proportion of the sum of the assessable incomes of the applicable persons concerned, up to the prescribed threshold (or the threshold prescribed for tenants of a category to which the tenant belongs); and
b: the prescribed proportion of any amount by which that sum is greater than that threshold; and
c: if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007
i: the total of the amounts that the applicable persons are eligible to receive as family tax credits under those subparts; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
3: A rent calculated by reference to benefit levels is the sum of—
a: the prescribed proportion of the rate (before reduction on account of income) of jobseeker support stated in clause 1(b) to (j) of Part 1
b: if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007
i: the total of the amounts that the applicable persons are eligible to receive as family tax credits under those subparts; and
ii: a prescribed amount (or an amount calculated by a prescribed means). Section 107 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 107(3)﻿(a) amended 26 November 2018 section 459 Social Security Act 2018
108: Assessable income
The assessable income of an applicable person is the agency's estimate of the person's weekly income from all sources,—
a: if the agency considers that income tax is payable on any part of it, after the deduction of whichever of the following the agency thinks fit in the particular case:
i: any income tax actually paid in respect of or deducted from that part; or
ii: the agency's estimate of the amount of income tax payable in respect of it; and
b: if the agency considers that any premium is payable in respect of any part of it under section 219(1)
i: any premium actually paid in respect of that part; or
ii: the agency's estimate of the amount of premium payable in respect of it; and
c: if the agency considers that any levy is payable in respect of any part of it under section 219
i: any levy actually paid in respect of that part; or
ii: the agency's estimate of the amount of levy payable in respect of it. Section 108 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
109: Certain amounts included in weekly income
1: For the purposes of section 108
a: the appropriate weekly proportion of any periodical payment, whether capital or not, made to the person on a regular basis by any other person for income-related purposes and used by the person for income-related purposes; and
b: the appropriate weekly proportion of the value of any goods, service, transport, or accommodation (other than accommodation provided by Kāinga Ora–Homes and Communities
2: A person's weekly income includes contributions from additional residents to the extent only required by the calculation mechanism.
3: Subsection (1) does not limit section 108
4: Subsection (2) overrides subsection (1) and section 108 Section 109 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 109(1)﻿(b) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
110: Calculation mechanism may include amounts in or exclude amounts from weekly income
1: For the purposes of section 108
a: includes any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description:
b: does not include any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description.
2: Subsection (1)﻿(a) does not limit section 108
3: Subsection (1)﻿(b) overrides sections 108 109(1) Section 110 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Assessable assets, and deprivation of income or property Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
111: Assessable assets
1: Assessable assets generate imputed income at a rate of interest for the time being stated by the joint Ministers by notice section 108
a: the gross income from any person's assessable assets is the greater of the actual income from those assets and the imputed income they generate; and
b: the person's weekly income must be estimated accordingly.
2: In subsection (1), assessable assets section 114
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 111 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 111(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 111(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
112: Assessable income may be adjusted in certain cases
1: Subsection (2) applies if the agency is satisfied that—
a: an applicable person has directly or indirectly deprived himself or herself of any income or property; and
b: as a consequence of the deprivation, an income-related rent of any social housing in respect of which the person is an applicable person is (or but for this section would be) lower than it would otherwise be.
1A: For the purposes of this section, deprivation of income, property, or both, by an applicable person excludes that applicable person doing all or any of—
a: not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991
b: electing to end a formula assessment of child support payable in respect of a qualifying child under that Act:
c: choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement—
i: is a voluntary agreement that, under section 48
ii: is a qualifying voluntary agreement (as defined in section 2(1)
d: making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48
e: not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1)
1B: Subsection (1A) does not apply to, and does not limit the application of section 9
a: an applicant for an unsupported child’s benefit; or
b: the spouse or partner of that applicant; or
c: a UCB beneficiary (as defined in section 2(1)
d: the spouse or partner of that UCB beneficiary.
2: The agency may treat the person's assessable income as having been increased to the extent the agency thinks necessary to reflect the deprivation, or any lesser extent.
3: Subsection (2) overrides sections 107(1) 113
4: In this section,— income Schedule 1 property Section 112 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 112(1A) inserted 1 July 2023 section 64 Child Support (Pass On) Acts Amendment Act 2023 Section 112(1B) inserted 1 July 2023 section 64 Child Support (Pass On) Acts Amendment Act 2023 Estimating weekly income, and regulations for purposes of calculation mechanism Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
113: Estimating weekly income
For the purposes of section 108 section 105 section 116 section 123
a: that estimated income must be treated as an amount equal to—
i: the agency's estimate of the income received by the person for any period equal to the prescribed period (ending on a day before the day concerned) that the agency decides, divided so as to equate to a weekly amount; or
ii: if the agency thinks it more appropriate in all the circumstances, the agency's estimate of the income received by the person for any shorter period (ending on a day before the day concerned) that the agency decides, divided so as to equate to a weekly amount; and
b: there may be deducted from that amount any items by which the agency is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the agency is satisfied the income is likely to be increased. Section 113 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
114: Regulations for purposes of calculation mechanism
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: prescribing a definition of assessable assets for the purposes of section 111(2)
b: prescribing matters contemplated by sections 107 to 113
c: providing for any other matters contemplated by sections 107 to 113
2: The regulations may—
a: prescribe a zero proportion (or a means for calculating proportions capable of producing a zero proportion) for the purposes of any provision:
b: prescribe a proportion or threshold (or a means for calculating a proportion or threshold) for the purposes of any provision by reference to any or all of the following matters:
i: the relationship status of the tenant concerned:
ii: the relationship status of the applicable persons concerned:
iii: the number of dependent children of the tenant concerned:
iv: the number of dependent children of the applicable persons concerned:
v: the number of people living or intended to live in the housing concerned:
c: prescribe a threshold (or a means for calculating a threshold) for the purposes of any provision by reference to the rate of a benefit as defined in Schedule 2
3: A means for calculating may comprise any number of mechanisms and parameters.
4: Subsection (2) does not limit subsection (1).
5: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 114 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 114(2)﻿(c) amended 26 November 2018 section 459 Social Security Act 2018 Section 114(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Administrative matters and review Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
115: Tenant's duty to advise changes of circumstances
1: Every person to whom any social housing is let at an income-related rent must promptly advise the agency of—
a: any change in the person's circumstances likely to result in the payment of a higher income-related rent; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the payment of a higher income-related rent by the first-mentioned person.
2: Every person to whom any social housing is let (whether at an income-related rent or a market rent) must promptly advise the agency of—
a: any change in the person's circumstances likely to result in the person no longer being eligible to be allocated social housing or no longer in need of the particular social housing the person is being let; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the first-mentioned person no longer—
i: being eligible to be allocated social housing; or
ii: being in need of the particular social housing that the first-mentioned person is being let.
3: Every person who is a prospective tenant must promptly advise the agency of any change in the circumstances of the person or the person's spouse or partner likely to result in the person not or no longer—
a: being eligible to be allocated social housing; or
b: needing to be allocated, assigned, or let any particular social housing. Section 115 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 115(2) brought into force 14 April 2016 section 2(1) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
115A: How duty to advise satisfied for information share child support payment made to person
How section 115(1), (2), or (3) is satisfied for payment
1: Section 115(1), (2), or (3) section 138
a: the Inland Revenue Department (as the department responsible for the administration of the Child Support Act 1991
b: the agency (as the department, departmental agency, or Crown entity responsible for the administration of provisions of this Act). Exception if person does not promptly advise of matter relevant to review
2: However, subsection (1) does not apply if—
a: the agency has in some way notified the person that the payment has been disclosed to the agency under an approved information sharing agreement ( see
b: the person does not promptly advise the agency of a change in the person’s circumstances that relates to the payment, and that is or may be relevant to a review under all or any of—
i: section 116
ii: section 117
iii: section 118 Examples of change in circumstances that relates to payment
Examples of a change in the person’s circumstances that relates to the payment include that— the person did not receive all or any of the payment: the payment as received by the person is of a smaller amount than the amount of the payment as disclosed to the agency under an approved information sharing agreement: the person has been incorrectly identified as the proper recipient of the payment. Examples of agency notifying person that payment disclosed to agency
3: For the purposes of subsection (2)﻿(a), examples of the agency in some way notifying the person that the payment has been disclosed to the agency under an approved information sharing agreement include the agency notifying the person—
a: that information share child support payments are, or will be, disclosed to the agency under an approved information sharing agreement; or
b: that 1 or more particular information share child support payments disclosed to the agency under an approved information sharing agreement are or may be relevant to—
i: a review proposed to be conducted under all or any of sections 116 to 118
ii: any outcome (for example, any proposed outcome) of a review conducted under all or any of sections 116 to 118 Meaning of information share child support payment
4: In this section, information share child support payment
a: has the same meaning as in Schedule 2
b: excludes a general provisions child support payment (as that term is defined in Schedule 2 Section 115A inserted 1 July 2023 section 65 Child Support (Pass On) Acts Amendment Act 2023
116: Reviews of income-related rents
1: The agency may at any time, of its own motion or on application by a tenant of the social housing concerned, review any income-related rent to ascertain—
a: whether it or some other income-related rent is now appropriate; or
b: whether at some earlier time it or some other income-related rent was appropriate; or
c: both.
2: After reviewing the income-related rent, the agency,—
a: if satisfied some other income-related rent (including an income-related rent equivalent to the market rent) is now appropriate, may calculate and notify that other income-related rent for the tenant:
b: if satisfied that at some earlier time a higher income-related rent was appropriate, may take action under section 74(3) 94(2) 127
c: if satisfied that at some earlier time a lower income-related rent was appropriate, must make any necessary refund.
3: However, if after reviewing the income-related rent, the agency is not satisfied that it has all information reasonably needed to calculate or review an income-related rent, the agency must provide notification to the social housing provider under section 106
a: the rent for the housing must be its market rent for the time being, in accordance with section 72(3)
b: the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3)
4: The agency—
a: does not have to calculate that other income-related rent under subsection (2)﻿(a) unless, in the agency's opinion, it would result in a material difference to the existing income-related rent; and
b: does not have to give a notification under section 103 106
c: does not have to act under subsection (2)﻿(b) unless in the agency's opinion, there has been a material under-payment of rent for the housing concerned. Section 116 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
117: Agency may review housing eligibility
1: The agency may—
a: at any time, on its own motion or on the application of a social housing provider, review the eligibility of a prospective tenant for social housing:
b: subject to and in accordance with any directions given under section 102(3)
2: The agency must conduct a review under subsection (1)﻿(a) in accordance with directions given under section 102(2)
3: The agency must conduct a review under subsection (1)﻿(b) in accordance with directions (if any) given under section 102(2)﻿(b)
4: Nothing in this section limits or affects any power of the agency to conduct a review under any other enactment. Section 117 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
118: Agency may review housing needs of tenant
1: The agency may, at any time, on its own motion or on the application of a social housing provider, review the housing needs of a tenant.
2: Nothing in this section limits or affects any power of the agency to conduct a review under any other enactment. Section 118 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Investigations and information-gathering powers Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
119: Agency may investigate circumstances relevant to income-related rent
The agency may investigate—
a: the present circumstances of—
i: any tenant of social housing who is paying, or has applied to the agency for the agency to calculate, an income-related rent; or
ii: any person who is an applicable person in relation to the tenant:
b: the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—
i: any tenant or former tenant of social housing who was required to pay an income-related rent for the housing; or
ii: any person who was an applicable person in relation to the tenant or former tenant at the time concerned. Section 119 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
120: Agency may investigate circumstances of prospective tenant
The agency may investigate the circumstances of any prospective tenant or of any person who would be an applicable person in relation to that tenant to the extent that those circumstances might be relevant to—
a: the eligibility of the prospective tenant to be allocated social housing or to be allocated or referred to any particular social housing provider; or
b: the housing needs of the prospective tenant. Section 120 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
121: Agency may investigate circumstances relevant to continued eligibility
1: The agency may investigate the circumstances of any tenant of social housing (whether paying income-related rent or market rent for the housing) or the circumstances of any applicable person in relation to that tenant, to the extent that those circumstances might be relevant to—
a: the continued eligibility of the tenant to be allocated social housing; or
b: the housing needs of the tenant.
2: The agency may, on application by a social housing provider, investigate the circumstances of any tenant of social housing or an applicable person in relation to the tenant, to the extent that those circumstances might be relevant to the continued need of the tenant for the particular social housing that the tenant has been allocated, assigned, or let. Section 121 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
122: Agency may ask questions
For the purpose of any investigation conducted under section 119 120 121
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 he or she has given when answering questions asked under paragraph (a); or
ii: any other information that he or she has at any time given to the agency; or
iii: any information within his or her personal knowledge that has at any time been given to the agency by—
A: an applicable person in relation to that person (where the person whose circumstances are being investigated is a tenant); or
B: a person who would be an applicable person in relation to that person (where the person whose circumstances are being investigated is a prospective tenant); or
C: any person who was an applicable person in relation to the tenant or former tenant at the time concerned. Section 122 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
123: Actions that may be taken by agency
1: The agency may take the actions stated in subsection (2) if—
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in the agency's opinion, fails or refuses to answer fully) any question asked under section 122(a)
ii: fails or refuses to verify any information by statutory declaration when asked to do so under section 122(b)
b: it believes on reasonable grounds that any person whose circumstances it may investigate has deliberately given a false or misleading answer to any question asked under section 122(a)
c: for the purpose of a review under section 117 118 section 125(1)﻿(d),
i: the tenant fails or refuses to comply fully with the requirement for information; or
ii: the agency believes on reasonable grounds that the tenant has deliberately given false or misleading information in response to the requirement.
2: The actions are,—
a: to the extent that the tenant is the person or people to whom any social housing is let or to be let,—
i: calculate an income-related rent for the tenant on the basis of the agency's own understanding of the circumstances; or
ii: calculate the income-related rent for the tenant as being equal to the market rent from time to time for the social housing:
b: to the extent that the tenant is a prospective tenant only,—
i: suspend the process of determining whether the tenant is eligible to be allocated social housing; or
ii: suspend the process of determining whether the tenant is eligible to be referred or allocated to Kāinga Ora–Homes and Communities
iii: decline the tenant's application to become a tenant of social housing:
c: to the extent that the tenant is an existing tenant only,—
i: treat the tenant as having had a change in circumstances (and the date of change in circumstances) on the basis of its own understanding of the circumstances; or
ii: for the purpose of section 117
iii: for the purpose of section 118
iv: treat the tenant as not eligible to be or continue to be allocated social housing, on the basis of the agency's own understanding of the circumstances. Section 123 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 123(2)﻿(b)﻿(ii) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
124: Agency may seek information
1: For the purposes of a review under section 116 117 118 section 119 120 121
a: answer questions; or
b: allow the agency to inspect any document or other written information; or
c: give the agency—
i: a copy of any document or other written information; or
ii: a printout of any information stored digitally.
2: The person does not have to comply with the request, but (for the purposes of section 24 Section 124 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 124(2) amended 1 December 2020 section 217 Privacy Act 2020
125: Agency may require information for certain purposes
1: The agency may by written notice require information from any person for any 1 or more of the following purposes:
a: the purpose of ascertaining the housing needs of a prospective tenant:
b: the purpose of ascertaining the eligibility of a tenant to be allocated social housing:
c: the purpose of calculating an appropriate income-related rent:
d: the purpose of a review under section 116 117 118
e: the purpose of any investigation under section 119 120 121
f: the purpose of detecting whether a person has committed or is committing an offence under section 130 131
g: the purpose of determining and detecting the cost of fraud under section 130 131
h: the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 122(a)
2: The agency when requiring any information under subsection (1) must do so in accordance with the code of conduct.
3: The agency may in writing require any person to advise whether any information provided under subsection (1) is accurate.
4: A person from whom information is required under subsection (1) or advice is required under subsection (3) must comply with the requirement—
a: no later than 5 working days after the notice was given; and
b: in the manner specified in the notice, without charge to the agency.
5: This subsection authorises (for the purposes of section 24
6: Subsection (1) does not—
a: require any person to provide any information or produce any document that would be privileged in a court of law:
b: require any person to provide any information or produce any document that is legally professionally privileged.
7: Subsection (6) does not apply to information that—
a: consists wholly or partly of, or relates wholly or partly to,—
i: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person); or
ii: investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, his or her clients, or any other person or persons); and
b: is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.
8: If a person refuses to disclose any information or document on the ground that it is privileged under subsection (6)﻿(a) or (b),—
a: the agency or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and
b: for the purposes of determining that application, the Judge may require the information or document to be produced to the court.
9: In this section,— lawyer Lawyers and Conveyancers Act 2006 trust account section 6 Section 125 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 125(5) amended 1 December 2020 section 217 Privacy Act 2020
126: Powers of agency to use information
If the agency is the Ministry, the agency may, despite any other enactment,—
a: use information obtained under this Part and Schedule 4 Social Security Act 2018
b: use information obtained under the Social Security Act 2018 Section 126 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 126(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 126(b) amended 26 November 2018 section 459 Social Security Act 2018
127: Recovery where rate of rent too low
1: Subsection (2) applies to a tenant of social housing and a period of time if, at any later time, the agency—
a: has in its possession information (whether or not obtained as a result of a review or an investigation under this Act) that—
i: it did not have during that period, or had but did not have reasonable grounds to believe; and
ii: it now believes on reasonable grounds; and
b: is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have calculated for the tenant an income-related rent higher than the income-related rent that it last notified to the social housing provider in respect of the period (capped at the market rent).
2: If this subsection applies to a tenant of social housing and a period of time, the agency may calculate, and recover as a debt due to the Crown, the difference between—
a: the higher income-related rent it would have calculated for the tenant, but capped at the market rent for the housing, in respect of the period; and
b: the income-related rent calculated and notified for the tenant (capped at the market rent).
3: Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986 Section 127 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
128: Recovery of debt where agency is Ministry
For the purpose of section 74(3) 94(2) 127(2)
a: the agency must treat the debt as if it were a debt due to the Crown under regulations made under section 444
b: to avoid doubt, the agency may recover that debt in accordance with that Act from any tenant or former tenant of social housing. Section 128 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 128(a) amended 26 November 2018 section 459 Social Security Act 2018 Allocation of social housing Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
129: Allocation of social housing
1: The matters to which the agency may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in section 21(1)﻿(b), (h), (i), and (l)
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are any thing that the agency does in the course of determining eligibility for social housing or social housing offered by a social housing provider, and include—
a: assessing the housing needs of a tenant:
b: assessing the eligibility of prospective tenants to be allocated social housing:
c: reviewing the eligibility of tenants to be or continue to be allocated social housing, or reviewing the eligibility of a tenant under section 117 section 118
d: operating a waiting list of tenants who have been assessed as being eligible for social housing, but who have yet to be allocated, assigned, or let social housing or particular social housing:
e: providing the results of its assessments of eligibility and housing needs to Kāinga Ora–Homes and Communities
f: referring or allocating prospective tenants to social housing providers.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990 Section 129 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 129(2)﻿(e) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Offences Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
130: Offence not to provide information or to provide false or misleading information
1: A person who is required to provide information under section 125(1)
a: fails or refuses to provide, without reasonable excuse, the information required:
b: provides false or misleading information in response to the requirement.
2: A person who is required under section 125(3) section 125(1)
a: fails or refuses to provide that advice, without reasonable excuse:
b: provides false or misleading information in response to the requirement.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000. Section 130 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
131: Offence to mislead agency for certain purposes or results
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: deliberately does or says anything for the purpose of misleading or attempting to mislead the agency; or
c: when required to advise the agency under section 115 section 125
2: The purpose is—
a: for that person or another person to be eligible or continue to be eligible to be allocated social housing:
b: for that person or another person to be eligible or continue to be eligible to be allocated, assigned, or let particular social housing, or to be allocated, assigned, or let some other social housing:
c: for that person or another person to have calculated for them, or to pay or continue to pay as rent for social housing, an income-related rent or lower income-related rent than they would otherwise be entitled to under this Act or an income-related rent that they are not entitled to under this Act.
3: The result is that that person or another person, whether or not entitled to it under this Act,—
a: is or continues to be assessed as eligible to be allocated social housing:
b: is or continues to be allocated or assigned to a particular social housing provider:
c: is or continues to be allocated, assigned, or let particular social housing:
d: is allocated, assigned, or let some other social housing:
e: is let social housing at an income-related rent or lower income-related rent.
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000, or both. Section 131 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Appeals Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
132: Rights of appeal
1: This section and sections 133 to 135
a: any decision or determination of the agency made under this Part, the calculation mechanism, or Schedule 3 in respect of an income-related rent; and
b: any assessment by the agency of—
i: the eligibility of any tenant to be, or to continue to be, allocated social housing; or
ii: the housing needs of any tenant.
2: Nothing in this section and sections 133 to 135 section 136 Residential Tenancies Act 1986 Section 132 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
133: Tenant may appeal
A tenant may, in accordance with regulations made under section 136 section 132(1)
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the agency to review such decisions, determinations, or assessments; or
b: has no such process for the time being established. Section 133 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
134: Powers of appeal body
1: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the agency had in relation to the matter concerned and may—
a: confirm, modify, or reverse the decision, determination, or assessment; or
b: refer all or any part of the matter back to the agency for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
2: The appeal body—
a: may award costs against the agency in respect of any appeal if—
i: it is allowed in whole or in part; or
ii: all or any part of the matter is referred back to the agency for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that it was frivolous or vexatious, or should not have been brought. Section 134 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
135: Where appeal body established by regulations
If the agency is not the Ministry and regulations under section 136(1)﻿(a) sections 132 to 134 the District Court
a: within 14 days after the date of the determination, the appellant must—
i: lodge a notice of appeal with the court; and
ii: give a copy of the notice to every other party to the appeal:
b: the court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this subsection, the case must be dealt with in accordance with the rules of the District Court. Section 135 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 135 amended 1 March 2017 section 261 District Court Act 2016 Regulations Heading inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
136: Regulations relating to appeals and other matters
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: for the purposes of section 133
i: establishing a body to dispose of appeals under that section, prescribing how its members are to be appointed, and prescribing how it is to hear and dispose of appeals; or
ii: providing that such appeals are to be made to the social security appeal authority established by or under section 401 Schedule 8 sections 395 to 410 section 451
iii: providing, if the agency is not the Ministry, that such appeals are to be made to the District Court the District Court Act 2016
b: providing for any other matters contemplated by the provisions of this Part (other than sections 107 to 113
2: Any body established under subsection (1)﻿(a)﻿(i) is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances for the member's services as a member of it:
b: payment of travelling allowances and expenses in respect of time spent travelling in its service.
3: If regulations made under subsection (1) provide for the matters described in subsection (1)﻿(a)﻿(ii) (relating to the Social Security Appeal Authority), regulations may—
a: provide for the function of the Benefits Review Committees in relation to appeals under this Act; and
b: require that an appeal to the Social Security Appeal Authority may not be heard until the matter has been confirmed or varied by the Benefits Review Committee.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 136 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 136(1)﻿(a)﻿(ii) replaced 26 November 2018 section 459 Social Security Act 2018 Section 136(1)﻿(a)﻿(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 136(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Delegations Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
137: Delegation of powers under this Part
1: The agency—
a: may not delegate a power under section 116(2)﻿(b) 122(b) 123 127
b: may not delegate any other power under this Part, the calculation mechanism, or Schedule 3
i: an employee of the agency; or
ii: engaged by the agency under a contract for services providing for the person to exercise that power.
2: Despite subsection (1), if the agency is a department, it may delegate any power under this Part to the chief executive of another department or Kāinga Ora–Homes and Communities clauses 2 3
3: A power that has been delegated in accordance with subsection (2) may, with the consent of the agency, be delegated,—
a: by the chief executive of a department, to a departmental agency or an employee of that department or departmental agency:
b: by Kāinga Ora–Homes and Communities, to an employee of Kāinga Ora–Homes and Communities:
c:
d: by an employee of the agency, to another employee of the agency.
4: If the agency delegates a power under this Part, the calculation mechanism, or Schedule 3
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
5: This section overrides section 130(1) Section 137 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 137(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 137(2) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 137(3)﻿(b) replaced 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Section 137(3)﻿(c) repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019 Flexible purchasing Heading inserted 28 May 2015 section 9 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
137A: Tailored agreements with social housing providers
The agency may, for the purposes of and in accordance with a direction under section 102(1A) Section 137A inserted 28 May 2015 section 9 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Code of conduct Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
138: Code of conduct applying to obtaining information under section 125
1: The agency, in consultation with the Privacy Commissioner must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of any requirement for information under section 125
2: The code of conduct—
a: must include the matters specified in section 142
b: may include restrictions on obtaining—
i: specified classes of information; and
ii: information from specified classes of persons or from persons in specified relationships; and
c: must specify procedures applying to the obtaining of information under section 125
3: The agency may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under section 32 section 125 section 140
5: As soon as practicable after issuing any code of conduct and any amendment to it under this section, the agency must arrange for it to be published on an Internet site that is publicly available at all reasonable times or published in a form that is otherwise accessible to the public.
6: The code of conduct that, before the commencement of this section, was issued under Part 5
a: is, on the commencement of this section, deemed to be issued under this section; and
b: applies, subject to any necessary modification, in respect of any requirements for information under section 125 Section 138 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 138(4) amended 1 December 2020 section 217 Privacy Act 2020
139: Who must comply with code of conduct
The following persons must comply with the code of conduct when requiring information under section 125
a: the agency, the chief executive of the agency (if a department), and every employee of the agency:
b: every person to whom the power to require such information has been delegated under section 137
c: every person or body corporate engaged by the agency under a contract for services providing for the person to exercise the power to require such information:
d: every employee of a person or body corporate referred to in paragraph (c). Section 139 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
140: Regulations authorising information to be obtained
1: The Governor-General may, on the advice of the joint Ministers given after consultation with the Privacy Commissioner, by Order in Council, make regulations authorising the agency to obtain pursuant to a requirement under section 125
a: any specified class of information; or
b: information from any specified class of persons; or
c: information in any specified manner.
2: Subsection (1) applies despite the fact that the making of that requirement under that section would otherwise be in breach of any code of practice issued by the Privacy Commissioner under section 32
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 140(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 140(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
141: Complaints
1: Any person who is required to provide any information under section 125
2: Parts 5 6 section 32 Section 141 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 141(2) replaced 1 December 2020 section 217 Privacy Act 2020
142: Matters to be included in code of conduct
1: The code of conduct issued under section 138
a: provisions requiring any information to be first sought, as the case may require, except where compliance with the provision would prejudice the maintenance of the law, from—
i: the tenant or an applicable person in relation to the tenant; or
ii: the prospective tenant or the person who would be an applicable person in relation to the prospective tenant; or
iii: a former tenant:
b: provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before the agency requires that information, or advice on the accuracy of that information, from another person or agency, except where compliance with such provision would prejudice the maintenance of the law:
c: a provision prohibiting a requirement under section 125
d: a provision prohibiting a requirement under section 125
e: provisions otherwise restricting requirements under section 125
2: In subsection (1)﻿(c), reasonable cause
a: cause to suspect that the person—
i: has committed an offence under this Act; or
ii: has obtained by fraud any income-related rent or social housing; or
iii: as a result of committing fraud, pays or continues to pay an income-related rent or remains in social housing or particular social housing:
b: the fact that the person has failed, within the time specified in the code, or has refused to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)﻿(a). 1964 No 136 s 11C Section 142 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Debt recovery by agency other than Ministry Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
143: Debt recovery by agency other than Ministry
1: If the agency is not the Ministry of Social Development, subsection (2) applies to the exercise by the agency of its power to recover debt under section 74(3) 94(2) 127
2: The agency may not recover any sum comprising that part of the debt that was caused wholly or partly by an error to which the tenant did not intentionally contribute if—
a: the tenant acted in good faith in—
i: continuing to pay the lower income-related rent during the period to which the debt relates; or
ii: failing to advise the agency in accordance with section 115(1)
b: it would be inequitable in all the circumstances, including the tenant's financial circumstances, to permit recovery.
3: In subsection (2), error
a: any incorrect information provided to or held by the agency:
b: any erroneous act or omission of the agency that occurs during an investigation or review under this Part:
c: any other erroneous act or omission by the agency. 1964 No 136 s 86(9A), (9B) Section 143 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
144: Application of sections 145 to 155
Sections 145 to 155 section 74(3) 94(2) 127 Section 144 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Deduction notices Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
145: Interpretation of deduction notice sections of this Part
In this section and in sections 146 to 155 deduction notice section 146 overdue amount
a: recoverable as a debt due to the Crown under section 74(3) 94(2) 127(2)
b: that remains unpaid and includes any part of any amount of that kind payment
a: salary or wages:
b: a retiring allowance or pension or other payment of a similar nature:
c: a benefit:
d: weekly compensation under the Accident Compensation Act 2001
e: a bonus or an incentive payment:
f: a commission:
g: consideration for work performed under a contract for services tenant
a: means 1 or more people to whom social housing is or was let at an income-related rent; and
b: includes any former tenant third party 1957 No 87 ss 2(1) 79 Section 145 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
146: Deduction of overdue Crown debt
1: The agency may recover an amount as a debt due to the Crown by issuing a deduction notice in accordance with this section if any overdue amount remains unpaid, after the agency has reminded the tenant of the obligation to pay the amount and has done all it reasonably can to obtain repayment of the unpaid amount.
2: Nothing in subsection (1) requires the chief executive to take proceedings in any court to establish or recover the debt before issuing a deduction notice.
3: The deduction notice may require a third party to deduct an amount specified in the notice due from any payment that is payable or will become payable by the third party to the tenant, whether that payment will be made—
a: on the third party's own account; or
b: in the third party's capacity as an agent or a trustee; or
c: for any other reason. 1964 No 136 s 86A Section 146 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
147: Matters relating to deduction notice
1: The agency must specify in the deduction notice—
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the amounts deducted must be paid to the agency; and
c: the date on which the deduction notice takes effect, being a date not earlier than 7 working days after the date on which it was issued.
2: The agency must make all reasonable efforts to give the tenant a copy of a deduction notice within 7 working days after the notice is issued.
3: A deduction notice is revoked when the agency notifies the third party in writing to that effect or issues a new deduction notice to that third party.
4: The agency—
a: may revoke a deduction notice at any time:
b: must revoke the deduction notice if satisfied that the overdue amount has been paid.
5: Every deduction notice is subject to sections 148 to 155
6: A notice under this section may be given by electronic means in accordance with subpart 2 Section 147 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 147(6) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
148: Issue of deduction notice to State sector employer
In any case where a tenant is employed within a department ( as defined in section 5 section 146 1964 No 136 s 86B Section 148 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 148 amended 7 August 2020 section 135 Public Service Act 2020
149: Discharge of debt
In any case where a third party deducts, under a deduction notice, any money payable to a tenant, the tenant is, to the extent of the amount deducted, discharged from his or her debt to the Crown. 1964 No 136 s 86C Section 149 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
150: Deduction notices issued to banks
1: Where the third party is a bank, any money held by the bank to the credit of the tenant is subject to the provisions of section 146
2: For the purposes of this section, bank Friendly Societies and Credit Unions Act 1982 Building Societies Act 1965 continued under the Reserve Bank of New Zealand Act 2021
3: For the purposes of this section, money held by the bank to the credit of the tenant
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the tenant has made any application to withdraw or uplift the money.
4: For the purposes of this section, money on deposit with a bank is deemed to be to the credit of the tenant if the money—
a: is held in a joint bank account in the name of the tenant and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the tenant without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons. 1964 No 136 s 86D Section 150 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 150(2) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
151: Making of deductions
1: Any person who makes a deduction under a deduction notice is deemed to be acting—
a: on the authority of the tenant and any other person concerned, and neither the tenant nor that other person has any claim against the third party or the agency or the Crown in respect of that deduction; and
b: on behalf of the agency, and, without prejudice to any other remedies against the tenant or any other person, any amount deducted must be held in trust for the Crown and is a debt due to the Crown and may be recovered by the agency in any court or tribunal of competent jurisdiction.
2: A third party must, on request, give the tenant a statement in writing of any amount deducted, and of the purpose for which the deduction was made. 1964 No 136 s 86E Section 151 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
152: Offences in relation to deduction notices
1: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted to the agency within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than the agency, of any amount deemed to be held in trust for the Crown under sections 150 and 151
2: Every employer commits an offence and is liable on conviction to a fine not exceeding $1,000 who dismisses an employee or alters an employee's position in the employer's business or undertaking to the employee's prejudice by reason of a deduction notice having been issued to the employer. 1957 No 87 s 106A s 86F Section 152 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
153: Protected earnings
1: Despite anything in sections 146 to 151
2: For the purposes of this section, the tenant's net ordinary weekly pay for a week is the balance left after deducting from the tenant's ordinary weekly pay (as defined in section 8 1964 No 136 s 86G Section 153 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
154: Penalty for late deductions
1: A third party is liable to pay to the agency a penalty calculated in accordance with subsection (2) if the third party fails wholly or in part to—
a: deduct the amount required by the notice; or
b: pay any amount deducted under the notice to the agency by the time specified in the notice.
2: The penalty referred to in subsection (1) must be calculated as follows:
a: on the amount in default, 10% of that amount or $5, whichever is the greater:
b: for each additional month or part of a month in which the amount in default or any part of the amount has not been deducted or, as the case may be, has not been paid to the agency, a further penalty of 2% of that amount or part of the amount or $1, whichever is the greater.
3: The agency may, in its discretion, remit the whole or part of a penalty if satisfied that the failure to make the deduction or the payment was due to circumstances reasonably beyond the third party's control, or that, in all the circumstances, the imposition of that penalty would be inequitable.
4: If the agency decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the agency may refund any excess.
5: An amount payable to the agency under subsection (1) is a debt due to the Crown and may be recovered by the agency in any court or tribunal of competent jurisdiction. 1964 No 136 s 86I Section 154 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
155: How notice may be given
1: Every notice given to any person under any of sections 146 to 154
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity),—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address:
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business.
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice is deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it is sufficient to prove the letter was properly addressed and posted.
3: A notice to a person under any of sections 146 to 154 subpart 2 1964 No 136 s 86J Section 155 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 155(3) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Transitional matters Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
156: Transitional arrangements for certain tenants
1: This section and Schedule 3 Kāinga Ora–Homes and Communities
a: the rent that the tenant would be required to pay for the first rent period commencing on or after the appointed day— would be greater than—
b: the rent, after the deduction of any accommodation assistance (within the meaning of clause 1
2: Schedule 3 section 104 Section 156 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 156(1) amended 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
157: Responsible department may verify entitlement
For the purposes of section 156 Schedule 3
a: the agency may, with the consent of the applicable persons concerned, give the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 2018
i: those persons' assessable incomes and the components of those incomes, and their cash assets, as supplied—
A:
B: to the agency for the purpose of section 104(1)
ii: the weekly market rent in relation to the housing; and
iii: the dates of the beginning and end of the rent period in respect of the housing that commenced immediately prior to the appointed day; and
b: an officer or employee of the department may, on the basis of the details given under paragraph (a),—
i: certify in writing to the applicable persons the kinds of accommodation assistance (within the meaning of clause 1
ii: give the agency a copy of the certificate; and
c: the agency may rely on the certificate. Section 157 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 157(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 157(a)﻿(i)﻿(A) repealed 1 October 2019 section 32 Kāinga Ora–Homes and Communities Act 2019
10: Regulatory authority
Part 10 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Preliminary provisions Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
158: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— appeal body section 187 section 184 prescribed section 190 prescribed eligibility criteria section 190(1)﻿(d) prescribed performance standards section 190(1)﻿(e) register section 172 Section 158 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Appointment, objectives, functions, and operation of authority Heading inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
159: Regulatory authority
1: The Governor-General may by Order in Council made on the recommendation of the joint Ministers appoint a department, any specified business unit within a department, departmental agency, or a Crown entity to perform the functions and exercise the powers of the regulatory authority under this Part.
2: If the authority is a Crown entity, then the Crown Entities Act 2004
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 159 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 159(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
160: Authority's main objectives
The authority’s main objectives are—
a: to register and regulate community housing providers, in order to ensure that their tenants are appropriately housed; and
b: to support the growth of a fair, efficient, and transparent community housing sector. Section 160 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
161: Authority's functions
The functions of the authority are to—
a: approve and register community housing providers in accordance with prescribed eligibility criteria and performance standards; and
b: suspend or revoke such registration where a community housing provider no longer meets the prescribed eligibility criteria and performance standards; and
c: maintain a register of registered community housing providers; and
d: recommend to the joint Ministers the making of regulations for the purposes of this Part; and
e: monitor and enforce compliance by registered community housing providers with any regulations made under this Part; and
f: comply with any directions from the joint Ministers in relation to the regulation of registered community housing providers; and
g: provide the joint Ministers with such information and reports about the carrying out of its functions under this Part as the joint Ministers may request; and
h: perform any other functions conferred on the authority by this Part. Section 161 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
162: Ministerial directions to authority
1: The joint Ministers and, if applicable, any other Minister responsible for the authority may give to the authority—
a: directions specifying how registered community housing providers may be eligible for the funding by way of payments under reimbursement agreements and tailored agreements
i: the type of housing units that may be funded
ii: the number of housing units that may be funded
iii: the location of housing units that may be funded
b: directions stating the terms and conditions on which Crown grants are to be made available to registered community housing providers:
c: directions stating the terms and conditions on which assets of the Crown or of a Crown entity are to be made available to registered community housing providers.
2: Before making any direction under this section, the joint Ministers and, if applicable, any other Minister responsible for the agency must consult—
a: the agency and the authority; and
b: any social housing provider that, in the Minister's opinion, will be materially affected by the direction.
3: The requirement in subsection (2)﻿(b) does not apply to the first directions to be made under this section.
4: The authority must, in carrying out functions under this Act, give effect to any directions that are given to it under this section and that are signed by the joint Ministers and if applicable, any other Minister responsible for the authority.
5: If the authority is a Crown entity,—
a: subsections (1) to (4) do not limit Part 3
b: if there is any inconsistency between the provisions of this Act and the Crown Entities Act 2004
6: As soon as practicable after giving a direction under this section, a Minister must publish it in the Gazette 2004 No 115 ss 103 115 Section 162 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 162(1)﻿(a) amended 28 May 2015 section 10(a) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 162(1)﻿(a)﻿(i) amended 28 May 2015 section 10(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 162(1)﻿(a)﻿(ii) amended 28 May 2015 section 10(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 162(1)﻿(a)﻿(iii) amended 28 May 2015 section 10(b) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Registration of community housing providers Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
163: Application for registration
1: A community housing provider may apply to the authority to be registered under this Part.
2: An application must—
a: contain the prescribed information; and
b: be accompanied by any relevant prescribed fee. Section 163 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
164: Further information to be provided with registration application
1: The authority may require a community housing provider to provide any further information that the authority considers appropriate to an application for registration by that provider.
2: The authority may refuse an application for registration if the community housing provider does not provide the further information required within a reasonable time after the requirement is made. Section 164 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
165: Authority must decide application for registration
The authority must, as soon as practicable after receiving an application for registration that complies with section 163
a: decide whether to register the applicant; and
b: give the applicant written notice of its decision; and
c: specify in the decision the class or classes of registration that the applicant has obtained. Section 165 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
166: Approval of registration
1: The authority may approve a community housing provider as a registered community housing provider if the authority is satisfied that—
a: the community housing provider’s application for registration complies with this Part; and
b: any relevant prescribed fee has been paid; and
c: having regard to the prescribed eligibility criteria and any other relevant matter, registration is appropriate.
2: The authority must in approving a registered community housing provider, determine the particular class or classes of registration that the provider has obtained.
3: The authority must give effect to any approval of a community housing provider under subsection (1) by—
a: giving notice of the registration of that provider in the Gazette
b: entering that provider’s name in the register.
4: The effect of registration is that the community housing provider is, depending on the class or classes of registration it has obtained, eligible to receive any 1 or more of the following, on terms and conditions set by the joint Ministers:
a: funding by way of payments under reimbursement agreements and tailored agreements:
b: Crown grants:
c: assets of the Crown, or of a Crown entity. Section 166 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 166(4)﻿(a) replaced 28 May 2015 section 11 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
167: Refusal of registration
1: If the authority is not satisfied that the requirements for registration in section 166
2: The authority must give the community housing provider a written notice of the reasons for the decision to refuse to register the provider under this Part. Section 167 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
168: Registration continuous so long as criteria continue to be met
1: The authority must assess at least annually, and may assess at any other time, whether a registered community housing provider continues to meet the prescribed eligibility criteria and prescribed performance standards.
2: A registered community housing provider that continues to meet those criteria and standards is entitled to the continuation of its registration and any specified class of registration that it has obtained. Section 168 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
169: Suspension of registration
1: If, after making an assessment under section 168
a: suspend the provider’s registration until the provider satisfies the authority that it meets those criteria and standards; and
b: record the suspension in the register.
2: The authority must give the provider at least 14 days' written notice and the opportunity to be heard before suspending its registration.
3: During the period for which the provider’s registration is suspended,—
a: the provider may not take on any new tenants paying an income-related rent:
b: the provider may be paid under a reimbursement agreement or a tailored agreement, subject to the terms of the agreement:
c: the provider may not apply for any further Crown grants:
d: the provider may not apply for any further assets of the Crown or of a Crown entity.
4: If the provider does not satisfy the authority for the purposes of subsection (1)﻿(a) within 12 months after the suspension, or any further period that the authority may determine, the authority must revoke the provider’s registration in accordance with sections 170 171 Section 169 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 169(3)﻿(b) replaced 28 May 2015 section 12 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
170: When registration may be revoked
1: The authority may revoke the registration of a community housing provider under this Part if the authority is satisfied on reasonable grounds that the provider—
a: has failed, or is failing, to meet 1 or more of the prescribed eligibility criteria; or
b: has failed, or is failing, to meet 1 or more of the prescribed performance standards; or
c: has failed, or is failing, to comply with a lawful requirement of the authority under this Part; or
d: has ceased to operate as a community housing provider; or
e: is unable to pay its debts or to continue carrying on its business.
2: The authority may revoke the registration of a community housing provider under this Part on the written request of the community housing provider.
3: The authority may revoke the registration of a community housing provider whether or not that registration has been suspended under section 169 Section 170 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
171: Procedure for revocation
1: In any case where the authority revokes a community housing provider’s registration under section 170
a: give written notice to the provider specifying the effective date of the revocation; and
b: give notice of the revocation in the Gazette
c: remove that provider’s name from the register; and
d: give written notice to the agency of this as soon as practicable.
2: If the revocation is on any of the grounds referred to in section 170(1)
a: give the provider at least 14 days' written notice and the opportunity to be heard before revoking the registration; and
b: give the provider a written notice of reasons for the decision.
3: The effect of revocation is that the provider is no longer eligible to receive any benefits associated with any specified class or classes of registration that the provider has obtained, and those benefits may, without limitation, include payments under reimbursement agreements or tailored agreements Section 171 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 171(3) amended 28 May 2015 section 13 Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015
172: Register of community housing providers
1: The authority must establish and maintain a register of community housing providers that includes the following information about each registered provider:
a: the current (and any former) full name and address and incorporation details (if applicable) of the provider; and
b: the full names and addresses and appointment details of the current (and former) members of its governing body (if applicable); and
c: in the case of a registered provider who obtains a class of registration that qualifies that provider as being eligible to receive Crown grants or assets of the Crown or a Crown entity, the full details registered owner
d: its registration details as a registered community housing provider; and
e: any prescribed information or documents.
2: Subsection (1)﻿(b) does not require the authority to include on the register information about a person whose membership on a provider’s governing body ended before the provider became a registered community housing provider, but the authority has discretion to include that information. Section 172(1) inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 172(1)﻿(c) amended 13 January 2020 section 4(1) Regulatory Systems (Housing) Amendment Act 2019 Section 172(1)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 172(2) inserted 13 January 2020 section 4(2) Regulatory Systems (Housing) Amendment Act 2019
173: Certain community housing providers deemed to be registered
1: A community housing provider that on the date of commencement of this section ( commencement date
2: A community housing provider may choose not to be a deemed registered community housing provider by notifying the authority.
3: To avoid doubt, this section does not affect a community housing provider's right to receive Crown grants under the agreement referred to in subsection (1). Section 173 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Provisions relating to registered community housing providers Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
174: Authority to monitor registered community housing providers
The authority—
a: must monitor the compliance of registered community housing providers with the prescribed eligibility criteria and prescribed performance standards; and
b: may require persons to supply information or produce documents for that purpose under section 178 Section 174 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
175: Reporting requirements of registered community housing providers
1: A registered community housing provider must provide reports on its operations to the authority—
a: annually in accordance with section 176
b: at any other time as required by the authority.
2: A report must be in the form approved by the authority. Section 175 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
176: Annual reports provided by registered community housing providers
1: The reports to be provided annually by a registered community housing provider must include—
a: a report setting out its performance against the prescribed performance standards; and
b: a report containing its financial statements and accounts in accordance with a direction from the authority under this section; and
c: any other reports that the authority may require.
2: The authority may give directions in relation to the contents of financial statements and accounts to be provided by registered community housing providers.
3: The authority must publish a direction under this section in the Gazette
4: Reports must be provided to the authority in each year not more than 28 days after the annual general meeting of the registered community housing provider. Section 176 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
177: Complaints about registered community housing providers
1: Any person may complain to the authority alleging that a registered community housing provider has failed, or is failing, to meet prescribed eligibility criteria or prescribed performance standards.
2: As soon as practicable after receiving a complaint, the authority must—
a: inform the registered community housing provider concerned of the complaint; and
b: decide whether to accept or decline the complaint.
3: The authority must, immediately after making a decision under subsection (2),—
a: give written notice of the decision to the person who made the complaint and the registered community housing provider concerned; and
b: if the authority decides to accept the complaint, proceed to investigate the complaint.
4: The authority may decline to accept, and is not required to investigate, a complaint that it considers vexatious or frivolous.
5: Nothing in this section affects the rights and obligations of community housing providers and their tenants under the Residential Tenancies Act 1986 Section 177 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
178: Authority may require person to supply information or produce documents
1: If the authority considers it necessary or desirable for the purposes of performing or exercising its functions, powers, or duties under this Act, the authority may, by written notice served on any person, require the person—
a: to supply to the authority, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the authority, or to a specified person named in the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice).
2: Information supplied in response to a notice under subsection (1)﻿(a) must be—
a: given in writing; and
b: signed in the manner specified in the notice.
3: If a document is provided in response to a notice under subsection (1), the authority, or the specified person to whom the document is produced, may—
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
4: In this section, specified person
a: an employee of the authority; or
b: another person to whom the authority has delegated the power to receive the relevant information. Section 178 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Intervention powers in respect of registered community housing providers Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
179: Use of intervention powers by authority
1: The intervention powers of the authority under this Part may be used only in relation to a registered community housing provider that has obtained a class of registration that qualifies the provider as being eligible to receive Crown grants or assets of the Crown or of a Crown entity.
2: The authority may use its intervention powers in relation to a registered community housing provider referred to in subsection (1) if—
a: there has been a failure by the provider to meet the prescribed eligibility criteria or prescribed performance standards; or
b: the provider fails to comply with a legal requirement or direction given by the authority; or
c: as a result of a change to the constitution or rules of the provider, or to the business activities carried on by the provider, the authority believes that the ability of the provider to do either or both of the following things is, or will be, adversely affected:
i: comply with the prescribed eligibility criteria and prescribed performance standards:
ii: provide social rental housing or affordable rental housing to people.
3: The authority must not exercise a power under this Part unless it is satisfied that the exercise of the power—
a: is appropriate in the circumstances; and
b: accords with guidelines established under subsection (4).
4: The joint Ministers must establish guidelines for the exercise of the authority's powers under this Part.
5: Guidelines established under subsection (4) must be published in the Gazette
6: The authority must make a copy of the current guidelines available to each registered community housing provider. Section 179 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
180: Authority may appoint to governing body of registered community housing provider
1: The authority, after consulting the governing body of a registered community housing provider and considering any nominations made by that governing body, may appoint 1 or more persons, whom the authority considers to be appropriately qualified, to that governing body.
2: The appointment may be in place of 1 or more existing members of the governing body or in addition to the existing members of the governing body.
3: If the appointment is in place of an existing member, the governing body must terminate the existing member's appointment.
4: An appointment or termination under this section has effect as if made in accordance with the constitution or rules of the registered community housing provider.
5: This section applies despite anything to the contrary in the constitution or rules of the registered community housing provider.
6: No appointment may be made to a governing body under this section that would result in the proportion of members appointed by the authority being greater than that of a minority. Section 180 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
181: Authority may give binding instructions to registered community housing provider
1: The authority may, after consultation with the governing body of a registered community housing provider, give binding instructions to the registered community housing provider or the members of its governing body.
2: The instructions may relate to—
a: the entering by the registered community housing provider into arrangements that the authority considers appropriate with 1 or more other registered community housing providers:
b: the appointment of an administrator to control and direct the registered community housing provider:
c: any other matter relating to the registered community housing provider that the authority thinks fit.
3: The instructions may specify—
a: the time within which a matter referred to in subsection (2) must be complied with; and
b: conditions to which that matter is subject, including a requirement for prior approval of the authority.
4: In giving an instruction or an approval under this section, the authority must have regard to the interests of the tenants of the registered community housing provider.
5: A registered community housing provider must comply with an instruction given to it under this section.
6: A member of the governing body of a registered community housing provider must comply with an instruction given to the members of the governing body under this section.
7: The authority may give more than 1 set of instructions to a registered community housing provider in relation to the same matter. Section 181 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Other reporting Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
182: Reporting obligations
The joint Ministers may, by notice to the authority, request that the authority inquire into, and report on, any matter relating to the community housing sector. Section 182 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Appeals Heading inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
183: Rights of appeal
This section and sections 184 to 188
a: relating to the registration (including eligibility for registration) of a community housing provider:
b: appointing a person to the governing body of a registered community housing provider under section 180
c: giving binding instructions to a registered community housing provider under section 181 Section 183 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
184: Community housing provider may appeal
A community housing provider may, in accordance with regulations made under section 187 section 183
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the authority to review such decisions; or
b: has no such process for the time being established. Section 184 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
185: Powers of appeal body
1: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the authority had in relation to the matter concerned and may—
a: confirm, modify, or reverse the decision of the authority or any part of it; or
b: refer all or any part of the matter back to the authority for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
2: Without limiting subsection (1), the appeal body may make an order requiring an entity—
a: to be registered in the register with effect from a specified date; or
b: to be restored to the register with effect from a specified date; or
c: to be removed from the register with effect from a specified date; or
d: to remain registered in the register.
3: The specified date may be a date that is before or after the order is made.
4: The appeal body may make any other order it thinks fit.
5: An order may be subject to any terms or conditions that the appeal body thinks fit.
6: The appeal body—
a: may award costs against the authority in respect of any appeal if—
i: it is allowed in whole or in part; or
ii: all or any part of the matter is referred back to the authority for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that the appeal was frivolous or vexatious, or should not have been brought.
7: Subject to section 188 Section 185 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
186: Where appeal body established by regulations
If regulations under section 187(1)﻿(a) sections 183 to 188 the District Court
a: within 14 days after the date of the determination, the appellant must—
i: lodge a notice of appeal with the court; and
ii: give a copy of the notice to every other party to the appeal:
b: the court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this section, the case must be dealt with in accordance with the rules of the District Court. Section 186 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 186 amended 1 March 2017 section 261 District Court Act 2016
187: Regulations relating to appeals
1: The Governor-General may, by Order in Council, make regulations—
a: establishing a body to dispose of appeals under section 184
b: providing that such appeals are to be made to the District Court the District Court Act 2016
2: Any body established under subsection (1)﻿(a) is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances for the member's services as a member of it:
b: payment of travelling allowances and expenses in respect of time spent travelling in its service.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 187 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 187(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 187(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
188: Appeal body may make interim order pending determination of appeal
1: At any time before the final determination of an appeal, the appeal body may make an interim order requiring an entity—
a: to be registered in the register from a specified date; or
b: to be restored to the register with effect from a specified date; or
c: to be removed from the register with effect from a specified date; or
d: to remain registered in the register.
2: The specified date may be a date that is before or after the order is made.
3: An interim order may be subject to any terms or conditions that the appeal body thinks fit.
4: If the appeal body refuses to make an interim order, the person or persons who applied for the order may, within 1 month after the date of the refusal, appeal to the High Court against the decision.
5: If an interim order is made under subsection (1), the authority must—
a: amend the register in accordance with the order as soon as is reasonably practicable after receiving the order; and
b: include a copy of the order in the register, unless the appeal body orders otherwise.
6: To enable the authority to fulfil the duties imposed by this section, the Registrar of the appeal body in which the interim order is made must send a copy of the order to the authority as soon as practicable. Section 188 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
189: Delegation of powers under this Part
1: The authority may not delegate a power under this Part, except to—
a: an employee of the authority; or
b: a person engaged by the authority under a contract for services providing for the person to exercise that power.
2: Despite subsection (1), if the authority is a department it may, in accordance with clauses 2 3
3: A power delegated by the authority in accordance with subsection (1) or (2) may, with the consent of the authority, be further delegated,—
a: by the chief executive of a department or departmental agency, to an employee of that department or departmental agency; or
b: by an employee of the authority, to another employee of the authority.
4: If the authority delegates a power under this Part to a body corporate engaged by the authority under a contract for services,—
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
5: This section overrides section 130(1) Section 189 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 189(2) amended 7 August 2020 section 135 Public Service Act 2020 Regulations under this Part Heading inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
190: Regulations relating to community housing providers
1: The Governor-General may, by Order in Council made on the recommendation of the joint Ministers, make regulations for all or any of the following purposes:
a: providing for the way in which applications for registration as a community housing provider must be made or the information that those applications must contain:
b: in relation to the registration of community housing providers, specify different classes of registration for different purposes, including for the purposes of receiving—
i: funding by way of payments under reimbursement agreements and tailored agreements:
ii: Crown grants:
iii: assets of the Crown or of a Crown entity:
c: specifying any relevant fee that applies to applications or the method by which it may be calculated:
d: prescribing the eligibility criteria that must be met to be registered or to obtain registration of a specified class, including—
i: financial viability requirements; and
ii: requirements related to organisational capacity and capability:
e: prescribing the performance standards that must continue to be met to maintain registration or to maintain registration of a specified class, including matters that relate to—
i: governance and management:
ii: financial viability:
iii: tenancy management:
iv: asset and property management:
f: prescribing procedures, requirements, and other matters for the register of community housing providers established and maintained under section 172
i: the operation of the register:
ii: the form of the register:
iii: the information and documents that must be included on the register:
iv: access to the register:
v: the location of, and hours of access to, the register:
vi: search criteria for the register:
g: specifying—
i: the information that must be provided by persons who make complaints against a registered community housing provider; and
ii: the way in which that information must be evaluated; and
iii: the way in which decisions on whether to proceed with the complaint must be made and implemented:
h: specifying the date on which (in accordance with this Part, the calculation mechanism, and the terms of the contracts between the authority and registered community housing providers)—
i: the income-related rent subsidy will become available to some or all registered community housing providers; and
ii: an income-related rent will be available to some or all tenants of registered community housing providers:
i: specifying the type or types of registered community housing providers to whom funding by way of payments under reimbursement agreements and tailored agreements
j: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: Any fee prescribed under subsection (1)﻿(c) must be reasonable, having regard to the need to recover the costs incurred by the authority in performing its functions under this Part.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 190 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 190(1)﻿(b)﻿(i) replaced 28 May 2015 section 14(1) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 190(1)﻿(i) amended 28 May 2015 section 14(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 190(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
191: Consultation requirements for making regulations
1: Before making a recommendation for the making of an Order in Council under section 190
2: The authority must do everything reasonably practicable to consult with the persons or organisations that appear to the authority to be representative of the interests of persons likely to be substantially affected by the making of the relevant order.
3: The process for consultation must, to the extent practicable in the circumstances, include—
a: giving adequate and appropriate notice of the intention to make the order; and
b: giving a reasonable opportunity for interested persons to make submissions; and
c: adequate and appropriate consideration of submissions.
4: A failure to comply with this section does not affect the validity of any Order in Council made. Section 191 inserted 28 November 2013 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Notice Heading inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
192: How notice may be given
1: Every notice given to any person under this Part may be given by delivering it to that person,—
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity),—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address; or
iv: by an electronic means of communication to that person that complies with subpart 2
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business; or
iv: by an electronic means of communication to that person that complies with subpart 2
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice is deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it is sufficient to prove the letter was properly addressed and posted. Section 192 inserted 14 April 2014 section 21 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 192(1)﻿(a)﻿(iv) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 192(1)﻿(b)﻿(iv) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017