Pursuant to section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development 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 2015.

2. Commencement—This instrument comes into effect on the day after the date on which it is made.

3. Principal programme—This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme (as established and approved on 16 February 2011)¹ (“the principal programme”).

4. Clause 3 amended (Expiry)—In clause 3, replace “1 March 2015” with “31 October 2015”.

5. Clause 5 amended (Interpretation)—(1) In clause 5(1), insert in its appropriate alphabetical order:

“related-party transaction means a transaction (whether or not an arm’s length transaction) between a person and:

(a) an individual who is a member of the person’s household; or

(b) a trust of which the person or a member of his or her household is a settlor, trustee, or a beneficiary; or

(c) a company (other than a listed company within the meaning of section YA 1 of the Income Tax Act 2007) of which the person or a member of the person’s household is a director or shareholder; or

(d) a partnership (including a limited partnership) in which the person or a member of the person’s household is a general or limited partner”.

(2) In clause 5(1), definition of temporary accommodation costs, replace paragraph (a) with:

“(a) in relation to premises temporarily rented by the person from another person, the amount paid for rent of the premises, excluding any service costs included in that rent and any arrears; or”.

6. Clause 8 amended (Temporary accommodation assistance)—(1) In clause 8(3), after “subject to”, insert “subclauses (3A) and (3B) and”.

(2) After clause 8(3A) insert:

“(3B) No person is eligible for temporary accommodation assistance if:

(a) the person or a member of the person’s household is an owner of the place in which the person has temporary accommodation; or

(b) the person occupies that place pursuant to any related-party transaction; or

(c) the person’s temporary accommodation is owned (whether wholly or partly) or provided by a person who is not a member of the person’s household and is:

(i) the person’s spouse or partner; or

(ii) a joint owner or owner in common of the affected premises in respect of the person.

Dated at Wellington this 25th day of February 2015.

Hon ANNE TOLLEY, Minister for Social Development.

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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 extend its expiry to the close of 31 October 2015 and to clarify that people who move to accommodation that they or members of their household directly or indirectly own are not eligible for temporary accommodation assistance.

¹New Zealand Gazette, 3 March 2011, No. 23, page 619