Notice Type
Departmental
Notice Title

Temporary Accommodation Assistance (Canterbury Earthquake) Amendment 2011

Pursuant to section 124(1)(d) of the Social Security Act 1964 (the Act"), the Minister for Social Development and Employment makes the following instrument.
I n s t r u m e n t
1. Title-This instrument is the Temporary Accommodation Assistance (Canterbury Earthquake) Amendment 2011.
2. Commencement-This instrument comes into effect on the day after the date on which it is made.
3. Principal programme amended-This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme* (as established and approved on 16 February 2011).
4. Purpose-(1) Clause 4(b) is amended by inserting "or who would so intend but for their usual homes being in the red zone" after "homes".
(2) Clause 4(c) is amended by revoking subparagraph (i) and substituting the following subparagraph:
"(i) have had to vacate their usual homes:
(A) until that remediation work is carried out; or
(B) being homes in the red zone, because they are uninhabitable or it is unreasonable for them to continue to occupy them as their homes; or".
(3) Clause 4(c)(ii) is amended by omitting "on a temporary basis" and by omitting "that".
5. Interpretation-(1) Clause 5(1) is amended by inserting the following definitions in their appropriate alphabetical order:
"Canterbury region means:
(a) the districts of the following territorial authorities:
(i) Ashburton District Council;
(ii) Christchurch City Council;
(iii) Hurunui District Council;
(iv) Kaikoura District Council;
(v) Mackenzie District Council;
(vi) Selwyn District Council;
(vii) Timaru District Council;
(viii) Waimakariri District Council;
(ix) Waimate District Council; and
(b) that part of the district of the Waitaki District Council as is within the area of the Canterbury Regional Council.
Government offer means an offer by or on behalf of
the Government of New Zealand in respect of any affected premises in the red zone to purchase either:
(a) the whole of the affected premises and to subrogate the owner’s claims for damage to the premises from the earthquake to the Earthquake Commission continued by section 4 of the Earthquake Commission Act 1993 and the owner’s insurance company; or
(b) the land only of the affected premises, without subrogation of the owner’s claim for damage to the premises from the earthquake to the owner’s insurance company.
red zone or red zone land means the area designated
as the red zone in the Prime Minister’s public announcement of 23 June 2011 and any other area included in that zone or designated as red zone land
by any subsequent announcement of the New Zealand Government.
replacement premises, in relation to any person, means a place intended to be occupied as a home (other than
on a temporary basis) as a replacement for any affected premises.
settled and settlement, in relation to an insurance claim, means when payment in full and final settlement of all claims for damage to the premises from the earthquake is received by the claimant or claimants".
(2) The definition of remediation work in clause 5(1) is amended by adding the following paragraph:
"(c) in the case of premises in the red zone, demolition of the buildings comprising the premises."
(3) Clause 5(2) is amended by adding "with any necessary modifications".
6. Application of the Act-Clause 6(1) is amended by omitting "84" and substituting "83 (other than 83(3)), 84".
7. Temporary accommodation assistance-(1) Clause 8(1)(a) is amended by inserting the following subparagraph after subparagraph (i):
"(ia) the person has vacated any affected premises in the red zone because the premises are uninhabitable or, in the chief executive’s opinion, it is unreasonable to expect the person to continue to occupy the premises as a home for the person and the members of his or her family who usually reside with the person; or"
(2) Clause 8(1)(a)(ii) is amended by omitting "temporarily".
(3) Clause 8(1)(b) is amended by inserting "or would have so intended but for the premises being situated in the red zone" after "affected premises".
(4) Clause 8(1) is amended by inserting the following paragraph after paragraph (b):
"(ba) in the case of affected premises in the red zone, either:
(i) a Government offer has been made in respect of the premises; or
(ii) the premises are eligible for a Government offer to be made in respect of them; or
(iii) the person did not have insurance cover
in the respect of the affected premises and has exceptional circumstances to justify the provision of financial assistance; and".
(5) Clause 8(1) is amended by revoking paragraph (d)(i) and substituting the following subparagraphs:
"(i) the person has or, in the case of premises owned by a specified trust, the trustees have insurance cover for temporary accommodation:
(A) the claim for which has been accepted by the insurance company on the grounds that
the affected premises are uninhabitable; but
(B) that has expired; or
(ia) in the case only of a person who is the owner
of affected premises in the red zone to whom subparagraph (i) does not apply, the person has or, in the case of premises owned by a specified trust, the trustees have insurance cover for temporary accommodation whether or not the claim for which has been accepted by the insurance company on the grounds that the affected premises are uninhabitable; or".
(6) Clause 8(2) is amended by revoking paragraph (a) and substituting the following paragraphs:
"(a) either:
(i) intends to resume occupation of the affected premises as his or her home as soon as practicable after remediation work is carried out; or
(ii) in the case of affected premises in the red zone:
(A) intends to occupy replacement premises in the Canterbury region
as his or her home as soon as practicable after settlement of a Government offer or an insurance claim for damage to the premises from the earthquake, or both; or
(B) in the case of an applicant to whom subclause (1)(ba)(iii) applies, intends to occupy replacement premises in the Canterbury region as his or her home as soon as practicable; and
(ab) in the case of affected premises in the red zone, the applicant has not or, if the premises are owned by a specified trust, the trustees have not:
(i) received payment of a deposit following acceptance of a Government offer in respect of the affected premises; or
(ii) received settlement of an insurance claim for damage to the premises from the earthquake; and
(ac) no other person is occupying the affected premises for a monetary consideration; and".
(7) Clause 8(4) is amended by omitting "(1)(d)(ii)" and substituting "(1)(ba)(iii) or (d)(ii)".
(8) Clause 8(4)(d) is amended by omitting "the remediation" and substituting "any remediation".
8. Ending of assistance-Clause 11 is amended by inserting the following paragraphs after paragraph (d):
(da) in the case of affected premises in the red zone in respect of which a Government offer has been made, the earliest of the following dates:
(i) The date on which that offer expires;
(ii) the date on which the deposit is paid following the applicant’s or, as the case requires, the trustees’ acceptance of that offer;
(iii) the date on which the applicant’s or, as the case requires, the trustees’ insurance claim for damage to the premises from the earthquake is settled;
(db) in the case of any other affected premises in the red zone, the day that is 9 months after the date on which the premises were designated as red zone land;".
Dated at Wellington this 2nd day of August 2011.
P. L. BENNETT, Minister for Social Development and Employment.
Explanatory Note
This note is not part of this instrument but is intended to indicate its general effect.
This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme:
- to allow people whose usual homes are in the red
zone to receive temporary accommodation assistance if they have had to vacate their homes because they are uninhabitable or are required to be demolished, or have vacated because it is unreasonable, in the opinion of the chief executive, for them to continue living in them, provided they intend to resettle elsewhere in the Canterbury region;
- to allow temporary accommodation assistance for people whose homes are in the red zone to continue until either a Government offer to purchase the home or land is accepted and any applicable deposit is paid, the Government offer expires or settlement with their insurance company, or for nine months after their homes were designated as red zone land for those without insurance granted temporary accommodation assistance in exceptional circumstances;
- to clarify that people whose claim for temporary accommodation insurance cover has not been accepted by their insurance company on the grounds that the home is not uninhabitable are not eligible for temporary accommodation assistance unless their homes are in the red zone;
- to clarify that temporary accommodation assistance is not payable if any other person is occupying a person’s home for a monetary consideration;
- to allow splitting of payments of temporary accommodation assistance between an applicant and
the spouse or partner of an applicant.
The amendments come into effect on the day after the date on which the instrument is made.
*New Zealand Gazette, 3 March 2011, No. 23, page 619