This instrument is made under section 102(2) of the Housing Restructuring and Tenancy Matters Act 1992 (“Act”), by 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 any social housing providers that, in the Minister’s opinion, will be materially affected.

Instrument

1. Title—This instrument is the Ministerial Direction on Eligibility for Social Housing Amendment 2016.

2. Commencement—This instrument comes into force on 14 November 2016.

3. Principal direction—This instrument amends the Ministerial Direction on Eligibility for Social Housing given on 14 April 2014¹ (“principal direction”).

4. Clause 3 amended (Interpretation)

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

accommodation

1. means premises intended for residential occupation as a home:
2. includes any room or other accommodation intended for occupation as a home by a boarder or lodger:
3. does not include any building, tent, caravan, vehicle, or other structure or erection, whether permanent or temporary, that is:
1. not intended to be used in whole or in part for human habitation; or
2. intended to be used only as temporary accommodation; or
3. emergency housing

emergency housing means premises intended to be used as temporary accommodation by people who have no usual place of residence or who are unable to stay in their usual place of residence (whether also used as temporary accommodation by other people)

family or other violence includes (without limitation) domestic violence within the meaning of the Domestic Violence Act 1995

household in relation to a person (A), means all of the persons (if any) who would reside with A if A were allocated social housing (for example, A’s spouse or partner and any dependent children (within the meaning of section 3(1) of the Social Security Act 1964))

(2) In clause 3, replace the definition of adequacy with:

adequacy means whether a person needs accommodation, or to move from his or her current accommodation, because he or she:

1. is not living in any accommodation; or
2. is staying in emergency housing for the time being; or
3. is living in accommodation that is not fit for habitation, or is in a serious state of disrepair that presents a severe and significant health and safety risk to the occupants; or
4. is living in accommodation that is overcrowded, having regard to the guidelines set out in Schedule 2; or
5. is living in accommodation in which the person has no security of tenure.

(3) In clause 3, replace the definition of suitability with:

suitability means whether a person and his or her household need to move from where the person is currently living, having regard to:

1. any medical needs, disability, or personal needs of the person or a member of his or her household:
2. any threat to the health or safety of the person or a member of his or her household arising from family or other violence, relating to the person’s current living situation.

Dated at Wellington this 9th day of November 2016.

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 14 November 2016, amends the Ministerial Direction on Eligibility for Social Housing. The amendments are intended to ensure that applicants for social housing who are homeless or are living in emergency housing are appropriately assessed in terms of the adequacy of their current living situation for the purposes of assessing their level of housing need. The amendments move the need to consider the level of overcrowding in applicants’ current living situations and their security of tenure from the ‘suitability’ factor to the ‘adequacy’ factor for the purposes of assessing their level of housing need. The amendments also make any issues of family or other violence relating to an applicant’s current living situations an explicit factor to be considered by the social housing agency when having regard to ‘suitability’ in assessing housing need. This instrument is a disallowable instrument for the purposes of the Legislation Act 2012.

¹ New Zealand Gazette, 17 April 2014, No. 41, page 1203