Pursuant to sections 102(2) and (3) of the Housing Restructuring and Tenancy Matters Act 1992 (“the Act”), the Minister of Finance, the Minister of Housing, and the Minister for Social Development, after consultation with the agency appointed under section 100 of the Act, the authority appointed under section 159 of the Act, and social housing providers that, in the Minister’s opinion, will be materially affected, make the following instrument.

1. Title—This instrument is the Instrument Amending Ministerial Directions on Eligibility for Social Housing 2015.

2. Commencement—This instrument comes into force on 25 January 2016.

Part 1—Amendments to Ministerial Direction on Continued Eligibility for Social Housing

3. Principal direction—This Part amends the Ministerial Direction on Continued Eligibility for Social Housing given on 11 June 2014¹ (“principal direction”).

4. Clause 3 amended (Interpretation)

(1) In clause 3, insert in its appropriate alphabetical order:

Act means the Housing Restructuring and Tenancy Matters Act 1992

(2) In clause 3, insert as subclause 3.2:

3.2 Terms used in this direction and not defined in this clause but defined in section 2 of the Act have the same meanings in this direction.

5. Clause 7 amended (Housing need)

After clause 7.2, insert:

7.3 Clause 7.4 applies to a person who has been assessed by the agency as eligible for social housing and who the agency has referred or allocated to a social housing provider.

7.4 If the person declines an offer by the social housing provider to be let social housing without, in the opinion of the agency, a good and sufficient reason, the agency must review the person’s eligibility for social housing under section 117 of the Act and for the purpose of that review, the person must be considered to not have a persistent housing need that is serious or severe.

7.5 Clause 7.4 is subject to clauses 7.6 to 7.7.

7.6 The agency must not make a determination under clause 7.4 that the person’s declining of the offer is without a good and sufficient reason unless it has given the person, where practicable, in a manner and in language that the person understands—

(a) advice on the consequences of declining an offer without a good and sufficient reason, including how the person’s eligibility for social housing will be assessed if the person applies again to be assessed as eligible to be allocated social housing within a period of 13 weeks after declining the offer; and

(b) if the person has given reasons for declining the offer, the agency’s preliminary view that the person’s reasons are not good and sufficient; and

(c) a further opportunity to provide any alternative or additional reasons before the agency makes a final determination; and

(d) advice on the person’s rights of appeal of the agency’s final determination under section 133 of the Act.

7.7 For the purpose of clause 7.4, a person has a good and sufficient reason for declining an offer to be let social housing if the person’s reason is—

(a) the premises to which the offer relates (the offered premises) do not meet the needs (as assessed by the agency) of the person or any person included in the offer in terms of any of the following:

(i) number of bedrooms:

(ii) design and layout:

(iii) features required to meet the needs of the disabled, children or the elderly:

(iv) fencing:

(v) the proximity and accessibility of—

(A) essential services (for example, medical services, public transport, and (where appropriate) schools and early childhood education):

(B) any workplace of a person described in clause 7.8; or

(b) accepting the offer would or might have an adverse effect on the health, well-being, or safety of the person or any person included in the offer; or

(c) the offered premises are unsuitable because any order of or conditions imposed by any court or bail conditions (within the meaning of the Bail Act 2000) or release conditions (within the meaning of the Parole Act 2002) would prevent the person or any person included in the offer from residing in the premises; or

(d) the person was not offered the opportunity to view the interior of the offered premises before deciding whether to accept the offer; or

(e) any other reason that the agency considers is a good and sufficient reason.

7.8 In clause 7.7, person included in the offer, in relation to the offered premises, means a person who, when the offer was made, the agency contemplated would be residing in the offered premises with the person to whom the offer was made and who is or would be or would have been any of the following:

(a) an applicable person in respect of the offered premises:

(b) a dependent child (within the meaning of section 3(1) of the Social Security Act 1964 read in the light of section 63A of that Act) of the person or of any person included in the offer:

(c) an additional resident of the offered premises.

Part 2—Amendments to Ministerial Direction on Eligibility for Social Housing

6. Principal direction—This Part amends the Ministerial Direction on Eligibility for Social Housing given on 14 April 2014² (“principal direction”).

7. Clause 7 amended (Housing need)

After clause 7.3, insert:

7.4 Clause 7.5 applies to a person if, pursuant to clause 7.4 of the Ministerial Direction on Continued Eligibility for Social Housing, the agency determines that a person has declined an offer to be let social housing by a social housing provider without (in the opinion of the agency) a good and sufficient reason.

7.5 If the person applies again to be assessed as eligible to be allocated social housing within a period of 13 weeks after declining that offer, then his or her declining of that offer without a good and sufficient reason must be taken into account as a material factor, along with any material change of circumstances of the person or any person included in that offer, in assessing whether the person has a persistent housing need that is serious or severe.

7.6 In clause 7.5, person included in that offer has the same meaning as person included in the offer in clause 7.8 of the Ministerial Direction on Continued Eligibility for Social Housing.

Dated at Wellington this 30th day of November 2015.

Hon BILL ENGLISH, Minister of Finance (also exercising the powers of the Minister of Housing under the authority of the Prime Minister).

Hon PAULA BENNETT, Minister for Social Housing (also exercising the powers of the Minister for Social Development under the authority of the Prime Minister).

Explanatory Note

This note is not part of the instrument, but is intended to indicate its general effect.

This instrument, which comes into force on 25 January 2016, amends the Ministerial Directions on Continued Eligibility for Social Housing and Eligibility for Social Housing respectively. The amendments apply to people who decline an offer to be let social housing by a social housing provider without a good and sufficient reason. The Social Housing Agency must review their continued eligibility for social housing and for the purpose of that review, the person must be considered to not have a persistent housing need that is serious or severe. The decline continues to be taken into account as a material factor for any subsequent assessment of eligibility for social housing within a period of 13 weeks, along with any material change of circumstances. The amendments also set out examples of good and sufficient reason, and what the Social Housing Agency must do before making a final determination on whether a person had a good and sufficient reason for declining the offer. This instrument is a disallowable instrument for the purposes of the Legislation Act 2012.

¹ New Zealand Gazette, 19 June 2014, No. 65, page 1864
² New Zealand Gazette, 17 April 2014, No. 41, page 1203