Housing Restructuring (Income-Related Rents) Amendment Act 2000

1: Title
1: This Act is the Housing Restructuring (Income-Related Rents) Amendment Act 2000.
2: In this Act, the Housing Restructuring Act 1992 the principal Act
2: Commencement
1: Subsections (1) (2) (4) to (7)
2: Section 7(3) section 7
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Principal objective of company, and statement of corporate intent
3: Principal objective of company
Section 4
1: The company's principal objective is to help meet the Crown's social objectives by providing housing and related services in a businesslike manner, whether in accordance with its statement of corporate intent or pursuant to any agreement made under section 7
a: exhibits a sense of social responsibility by having regard to the interests of the community in which it operates; and
b: exhibits a sense of environmental responsibility by having regard to the environmental implications of its operations; and
c: operates with good financial oversight and stewardship, and efficiently manages its assets and liabilities and the Crown's investment; and
d: is a good employer.
4: Statement of corporate intent
Section 15(3)
ba: the exercise by the company of the powers, functions, and discretions conferred by Part 5 section 42(1))
2: Income-related rents
5: New
Part 5 The principal Act is amended by inserting, after Part 4
5: Income-related rents
42: Interpretation
1: In this Part and Schedules 2 and 3 additional resident
a: is aged 16 years or over; and
b: is financially independent (within the meaning of section 3(1) of the Social Security Act 1964
c: resides or is to reside in the housing; but
d: is not an applicable person applicable person
a: means every person to whom the housing is or is to be let; and
b: includes every person who is the partner of such a person appointed day section 2(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 subsections (1), (2), and (4) to (7) of section 7 of that Act assessable assets assessable income section 47 calculate calculation mechanism
a: before the commencement of the regulations first made under section 53, means sections 46 to 52 Schedule 2
b: after that commencement, means sections 46 to 52 section 53 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's being allowed to reside there; or
d: for 2 or all of those reasons HNZ housing income-related purpose section 3(1) of the Social Security Act 1964 income-related rent Schedule 3 market rent Residential Tenancies Act 1986 partner
a: either—
i: is legally married to that person; or
ii: in the company's opinion, has a relationship in the nature of marriage with that person (whether they are of opposite sexes or the same sex, and even if they are not able to be legally married to each other); and
b: in the company's opinion, is not living apart from that person 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 prospective tenant
a: who—
i: is not a person to whom any HNZ housing is let or to be let; and
ii: has applied to the company (alone or together with some other person or people) to become a tenant of HNZ housing and has not yet had the application accepted or declined, or withdrawn it; or
b: who—
i: is already a person to whom HNZ housing is let or to be let; but
ii: has applied to the company (alone or together with some other person or people) to become a tenant of some other HNZ housing and has not yet had the application accepted or declined, or withdrawn it rent period standard tax section 13A(1) of the Social Welfare (Transitional Provisions) Act 1990 study grant section 303 of the Education Act 1989 tenant
a: in relation to HNZ housing in general,—
i: means any person or people to whom any HNZ housing is let or to be let; and
ii: includes a prospective tenant; and
b: in relation to any particular HNZ housing, means the person or people to whom it is let or to be let.
2: Schedule 2 section 53
43: Income-related rent
1: This subsection applies to HNZ housing and a tenant if—
a: the tenant has applied to the company for it to calculate an income-related rent for the housing; and
b: the company is satisfied that—
i: it has had all information reasonably needed to calculate such a rent for the housing for long enough to be able to do so; and
ii: the information is accurate.
2: If subsection (1)
3: If subsection (1)
4: If satisfied that special circumstances justify its doing so, the company may, in its absolute discretion, set for and accept from a tenant of any HNZ housing a rent lower than the rent otherwise required by subsection (2) or subsection (3)
5: Subsections (2) and (4) sections 57(2) and 58(4)
6: Subsections (2) to (4) are subject to section 45
44: Backdating
1: The company may treat an application made at any time to it for it to calculate an income-related rent for any HNZ housing 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 for the housing 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 company for it to calculate an income-related rent for any HNZ housing if,—
a: at the time it was made, the company—
i: did not have all information reasonably needed to calculate an income-related rent for the housing; or
ii: had all information reasonably needed to calculate an income-related rent for the housing, but was not satisfied that it was accurate; and
b: at some later time the company is satisfied that—
i: it has all that information; and
ii: the information is accurate.
3: The company may treat an application to which subsection (2)
45: Changes in rent
1: This subsection applies to an existing tenant of HNZ housing if the company—
a: is required by section 43
b: is empowered by section 43 or section 57(2) or section 58(4)
2: The company must, in accordance with section 136 of the Residential Tenancies Act 1986 subsection (1)
a: the day on which it takes effect (being a day no earlier than the commencement of the first rent period commencing after the appointed day); and
b: the matters referred to in paragraphs (j) and (k) of section 13A of that Act
3: In the case of an increase in rent, the notice must comply with section 24 of the Residential Tenancies Act 1986
4: 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. Calculating income-related rents
46: Calculating income-related rents
1: The income-related rent for any HNZ housing (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 support under Subpart KD of the Income Tax Act 1994
i: the total of the amounts that the applicable persons are eligible to receive as family support under that Subpart; 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 abatement) stated in paragraphs (a) to (j) of clause 1 of the Ninth Schedule of the Social Security Act 1964
b: if any of the applicable persons is eligible to receive family support under Subpart KD of the Income Tax Act 1994
i: the total of the amounts that the applicable persons are eligible to receive as family support under that Subpart; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
4: The income-related rent for any HNZ housing must not exceed its market rent for the time being.
5: Subsection (4) overrides subsection (1)
6: For the purposes only of this Part, the calculation mechanism, and Schedule 3, the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990
47: Assessable income
The assessable income of an applicable person is the company's estimate of the person's weekly income from all sources,—
a: if the company considers that income tax is payable on any part of it, after the deduction of whichever of the following the company thinks fit in the particular case:
i: any income tax actually paid in respect of or deducted from that part; or
ii: the company's estimate of the amount of income tax payable in respect of it; and
b: if the company considers that any premium is payable in respect of any part of it under section 283(1) of the Accident Insurance Act 1998
i: any premium actually paid in respect of that part; or
ii: the company's estimate of the amount of premium payable in respect of it; and
c: if the company considers that any levy is payable in respect of any part of it under section 283(2) of the Accident Insurance Act 1998
i: any levy actually paid in respect of that part; or
ii: the company's estimate of the amount of levy payable in respect of it.
48: Certain amounts included in weekly income
1: For the purposes of section 47
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 the company) supplied to the person on a regular basis by any other person.
2: A person's weekly income includes contributions from additional residents to the extent only required by the calculation mechanism.
3: Subsection (1) section 47
4: Subsection (2) overrides subsection (1) and section 47
49: Calculation mechanism may include amounts in or exclude amounts from weekly income
1: For the purposes of section 47
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) section 47
3: Subsection (1)(b) overrides sections 47 and 48(1) Assessable assets, and deprivation of income or property
50: Assessable assets
1: Assessable assets generate imputed income at a rate of interest for the time being stated by the shareholding Ministers by notice in the Gazette section 47
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
51: Assessable income may be adjusted in certain cases
1: If 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 HNZ 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,— the company may treat the person's assessable income as having been increased to the extent the company thinks necessary to reflect the deprivation, or any lesser extent.
2: Subsection (1) overrides sections 46(1) and 52 Estimating weekly income, and regulations for purposes of calculation mechanism
52: Estimating weekly income
For the purposes of section 47 section 44 or a review under section 57 or action taken under section 58(4)
a: that estimated income must be treated as an amount equal to—
i: the company'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 company decides, divided so as to equate to a weekly amount; or
ii: if the company thinks it more appropriate in all the circumstances, the company's estimate of the income received by the person for any shorter period (ending on a day before the day concerned) that the company decides, divided so as to equate to a weekly amount; and
b: there may be deducted from that amount any items by which the company is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the company is satisfied the income is likely to be increased.
53: 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 section 50(2)
b: prescribing matters contemplated by sections 46 to 52
c: providing for any other matters contemplated by sections 46 to 52
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 marital status of the tenant concerned:
ii: the marital 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 within the meaning of section 3(1) of the Social Security Act 1964
3: A means for calculating may comprise any number of mechanisms and parameters.
4: Subsection (2)
5: Subsection (2) overrides the Human Rights Act 1993
6: Subsection (5) Transitional matters
54: Transitional arrangements for certain tenants
1: This section and Schedule 3 apply to a tenant of HNZ housing if, but for the provisions of that schedule,—
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 of Schedule 3
2: Schedule 3 section 43
55: Department of Work and Income may verify entitlement
For the purposes of section 54 and Schedule 3
a: the company may, with the consent of the applicable persons concerned, give the Department of Work and Income details of—
i: those persons' assessable incomes and the components of those incomes, and their cash assets, as supplied to the company under section 43(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,—
i: certify in writing to the applicable persons the kinds of accommodation assistance (within the meaning of clause 1 of Schedule 3
ii: give the company a copy of the certificate; and
c: the company may rely on the certificate. Administration of income-related rents
56: Tenant's duty to advise changes of circumstances
1: Every person to whom any HNZ housing is let at an income-related rent must promptly advise the company 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.
2: A person does not commit an offence by reason only of failing to comply with subsection (1)
57: Reviews of income-related rents
1: The company may at any time, of its own motion or on application by the tenant concerned, review any income-related rent to ascertain—
a: whether it or some other income-related rent is now appropriate for the housing concerned; or
b: whether at some earlier time it or some other income-related rent was appropriate for the housing concerned; or
c: both.
2: After reviewing the rent, the company,—
a: if satisfied that some other income-related rent is now appropriate for the housing concerned, may calculate and charge that other rent for the tenant:
b: if satisfied that at some earlier time a higher income-related rent was appropriate for the housing concerned, may take action under section 60
c: if satisfied that at some earlier time a lower income-related rent was appropriate for the housing concerned, must make any necessary refund.
3: The company—
a: does not have to act under subsection (2)(a)
b: does not have to act under subsection (2)(b)
58: Investigation of applications, etc
1: The company may investigate—
a: the present circumstances of—
i: any tenant of HNZ housing who is paying, or has applied to the company for the company to calculate, an income-related rent for the housing; or
ii: any person who is an applicable person in relation to the tenant:
b: to the extent that those circumstances might be relevant to the eligibility of a prospective tenant to be allocated HNZ housing, or to the housing need of a prospective tenant, the present circumstances of—
i: the prospective tenant; or
ii: any person who would be an applicable person in relation to the prospective tenant:
c: 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 HNZ 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.
2: For the purposes of subsection (1)
a: may ask any person whose circumstances it may investigate under that subsection any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate under that subsection 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 company; or
iii: any information within his or her personal knowledge that any of the applicable persons concerned has at any time given to the company.
3: The company may take the actions stated in subsection (4) if—
a: any person whose circumstances it may investigate under subsection (1)
i: fails or refuses to answer (or, in the company's opinion, fails or refuses to answer fully) any question asked under subsection (2)(a)
ii: fails or refuses to verify any information by statutory declaration when asked to do so under subsection (2)(b)
b: it believes on reasonable grounds that any person whose circumstances it may investigate under subsection (1) subsection (2)(a)
4: The actions are—
a: to the extent that the tenant is the person or people to whom any HNZ housing is let or to be let,—
i: calculate an income-related rent for the tenant for that housing on the basis of its own understanding of the circumstances; or
ii: treat the market rent for that housing as the income-related rent for the tenant for that housing:
b: to the extent that the tenant is a prospective tenant only,—
i: suspend the process of determining whether to allocate, assign, or let any HNZ housing to the prospective tenant; or
ii: decline the tenant's application to become a tenant of HNZ housing.
59: Company may seek information
1: For the purposes of a review under section 57 section 58
a: answer questions; or
b: allow the company to inspect any document or other written information; or
c: give the company—
i: a copy of any document or other written information; or
ii: a print-out of any information stored digitally.
2: The person does not have to comply with the request; but (for the purposes of section 7(1) of the Privacy Act 1993
60: Recovery where rate of rent too low
1: Subsection (2)
a: has in its possession information (whether or not obtained as a result of a review under section 57 or an investigation under section 58
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 required the tenant to pay an income-related rent higher than the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
2: If this subsection applies to a tenant of HNZ housing and a period of time, the company may calculate, and recover as a debt due to the Crown, the difference between—
a: the higher income-related rent it would have required the tenant to pay for the housing in respect of the period; and
b: the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
3: Amounts recoverable under subsection (2) Residential Tenancies Act 1986
61: Allocation of HNZ housing
1: The things to which the company may have regard in doing either or both of the things stated in subsection (2)
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status disability age family status paragraphs (b), (h), (i), and (l) of section 21(1) of the Human Rights Act 1993
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—
a: assess the eligibility of prospective tenants to be allocated HNZ housing; and
b: allocate, assign, and let HNZ housing to prospective tenants.
3: Subsection (1) overrides the Human Rights Act 1993
4: This section is for the avoidance of doubt. Other matters
62: Rights of appeal
1: This subsection applies to—
a: any decision or determination of the company made under this Part, the calculation mechanism, or Schedule 3 section 43(4)
b: any assessment by the company of—
i: the eligibility of any prospective tenant to be allocated HNZ housing; or
ii: the housing needs of any prospective tenant.
2: At any time on or after the appointed day, a tenant may, in accordance with regulations made under section 63 subsection (1)
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the company to review such decisions; or
b: has no such process for the time being established.
3: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the company had in relation to the matter concerned; and may—
a: confirm, modify, or reverse the decision or determination; or
b: refer all or any part of the matter back to the company 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.
4: The appeal body—
a: may award costs against the company 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 company 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.
5: If regulations under section 63(1)(a)
a: within 14 days after the date of the determination, the appellant must lodge a notice of appeal with the Court, and forthwith deliver or post 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 District Courts Rules 1992.
6: Nothing in this section, or in any regulations under section 63 Residential Tenancies Act 1986
63: Regulations for purposes other than calculation mechanism
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 62
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 the Social Security Act 1964 sections 12J to 12N, and 12P to 12R of that Act
iii: providing that such appeals are to be made to a District Court, and providing that the District Courts Act 1947
iv: providing that such appeals are to be made to the Tenancy Tribunal established by the Residential Tenancies Act 1986 sections 86 to 120 of that Act
b: providing for any other matters contemplated by the provisions of this Part (other than sections 46 to 52
2: Any body established under subsection (1)(a)(i) 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.
64: Delegation of powers under this Part
1: The company—
a: cannot delegate a power under section 57(2)(b) subsections (2)(b), (3), or (4) of section 58, or section 60
b: cannot delegate any other power under this Part, the calculation mechanism, or Schedule 3
i: an employee of the company; or
ii: a person engaged by the company under a contract for services providing for the person to exercise that power.
2: If the company delegates a power under this Part, the calculation mechanism, or Schedule 3 subsection (1)(a))
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.
3: Subsections (1) and (2) section 130(1) of the Companies Act 1993
65: Reimbursement of company
Section 7
a: this Part, the calculation mechanism, and Schedule 3
b: that price were the difference between the amounts of market rents for the housing and the income-related rents charged.
6: New
Schedules 2 3 The principal Act is amended by adding, as Schedules 2 3 Schedule 1
7: Consequential amendments, repeals, and revocations
1: The enactments specified in Schedule 2
2: Sections 12J(2)(c) 53A(1)(d) 61FA to 61FD 3 Social Security Act 1964
3: Subparagraphs (xii) and (xiii) of paragraph (a) of the definition in section 80B Social Security Act 1964 income
4: Regulation 9(2) Student Allowances Regulations 1998 paragraph (a)
aa: students who are applicable persons in respect of HNZ housing (as the terms applicable person HNZ housing section 42(1) of the Housing Restructuring Act 1992
5: The Social Security (Rent Rebate) Order 1992 (SR 1992/296)
6: Until the first day on or after the appointed day that is the first day of a rent period, the following enactments continue to apply to a tenant of HNZ housing as if they were still in force in relation to the tenant:
a: sections 61E to 61EC 61FC 61FD Eighteenth Social Security Act 1964
b: regulation 9 Student Allowances Regulations 1998
7: In subsection (6) section 42(1)