This direction is given under section 102(3)(b) of the Housing Restructuring and Tenancy Matters Act 1992 (“Act”) to the Social Housing Agency appointed under section 100 of the Act (“agency”) by the Minister of Finance, the Minister of Housing, and the Minister for Social Development, after consultation with the agency, the authority appointed under section 159 of the Act, and any social housing providers that, in the Minister’s opinion, will be materially affected.

Direction

1. Title

This direction is the Ministerial Direction on Application of Reviews of Continued Eligibility for Social Housing.

2. Commencement

(1) This direction, except clause 8, comes into force on the 28th day after its publication in the New Zealand Gazette.

(2) Clause 8 comes into force on 26 November 2018.

3. Purpose

The purpose of this direction is to set out the classes of people whose continued eligibility for social housing the agency may or may not review under section 117 of the Act.

4. Interpretation

(1) In this direction, unless the context otherwise requires:

Act means the Housing Restructuring and Tenancy Matters Act 1992

applicable person, in relation to any particular social housing, means:

(a) a tenant of the housing; and

(b) includes every person who is the spouse or partner of a tenant

dependent child, in relation to a person:

(a) means a dependent child of the person within the meaning of the Social Security Act 1964; and

(b) includes a child or young person (within the meaning of the Oranga Tamariki Act 1989) placed in the person’s charge under section 362 of that Act for whom payments are being made under section 363 of that Act

tenant, in relation to any particular social housing, means the person or people to whom it is let

transferred HNZ housing means HNZ housing that HNZ has acquired from a local authority, a council-controlled organisation, or a council-controlled trading organisation (as those terms are defined in the Local Government Act 2002)

(2) Terms used in this direction and that are not defined in subclause (1) but are defined in section 2(1) of the Act have the same meanings in this direction.

5. Classes of tenants whose eligibility may be reviewed

(1) The agency may, under section 117(1)(b) of the Act, review the continued eligibility for social housing of the following classes of tenants of social housing:

(a) tenants who, under section 115(1) or (2) of the Act, notify the agency of a change in circumstances that indicates they may no longer be eligible for social housing;

(b) tenants who fail to advise the agency of a change of circumstances that indicates they may no longer be eligible for social housing;

(c) tenants who, during review of their housing needs under section 118 of the Act, provide information indicating that they may no longer be eligible for social housing;

(d) tenants who are the subject of an investigation under section 121 of the Act where an outcome of the investigation indicates that the tenant is no longer eligible for social housing.

(2) For the purposes of subclause (1)(a) to (c), if any particular social housing is let to more than one person, a notification by, failure to advise, or information provided by one of them is treated as a notification, failure to advise, or information provided by all the tenants of that housing.

6. Classes of tenant whose eligibility may not be reviewed

(1) The agency must not, under section 117(1)(b) of the Act, review the continued eligibility for social housing of tenants of transferred HNZ housing whose tenancy agreements provide the tenant with lifetime tenure on the same terms and conditions as the tenant had with their previous landlord.

(2) The agency may not, under section 117(1)(b) of the Act, review the continued eligibility for social housing of the following classes of tenant unless any of paragraphs (a) to (d) of clause 5(1) applies to the tenant:

(a) tenants where an applicable person is aged 65 or more;

(b) tenants where an applicable person is receiving a supported living payment under section 40B of the Social Security Act 1964 on the ground of sickness, injury, or disability or total blindness;

(c) tenants where an applicable person is receiving a supported living payment under section 40D of the Social Security Act 1964 on the ground of caring for a patient requiring care;

(d) tenants where an applicable person has one or more dependent children.

7. Review of prospective tenants

The agency may, under section 117(1)(a) of the Act, review the continued eligibility for social housing of any prospective tenants of social housing.

8. Amendments to this direction coming into force on 26 November 2018

(1) In clause 4(1), definition of dependent child, paragraph (a), replace “Social Security Act 1964” with “Social Security Act 2018”.

(2) In clause 6(2)(b), replace “a supported living payment under section 40B of the Social Security Act 1964 on the ground of sickness, injury, or disability or total blindness” with “a supported living payment under section 34 of the Social Security Act 2018 on the ground of restricted work capacity or total blindness”.

(3) In clause 6(2)(c), replace “a supported living payment under section 40D of the Social Security Act 1964 on the ground of caring for a patient requiring care” with “a supported living payment under section 40 of the Social Security Act 2018 on the ground of caring for another person”.

Dated at Wellington this 18th day of October 2018.

Hon GRANT ROBERTSON, Minister of Finance.

Hon PHIL TWYFORD, Minister for Housing and Urban Development (exercising the powers of the Minister of Housing under the authority of the Prime Minister).

Hon CARMEL SEPULONI, Minister for Social Development.

Explanatory note

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

This direction, which generally comes into force on the 28th day after its publication in the New Zealand Gazette, sets out the classes of people whose continued eligibility for social housing may be reviewed, and the classes of people who are otherwise exempt from review. Clause 8 updates references to provisions of the Social Security Act 1964 to corresponding provisions of the Social Security Act 2018 when that Act comes into force on 26 November 2018. This direction is a disallowable instrument for the purposes of the Legislation Act 2012.