Public and Community Housing Management Act 1992

Reprint as at 1 October 2019

Coat of Arms of New Zealand

Public and Community Housing Management Act 1992

Public Act
 
1992 No 76
Date of assent
 
18 August 1992
Commencement
 
see section 1

Act name: replaced, on 1 October 2019, by section 31 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Housing and Urban Development and the Ministry of Social Development.

Contents

Title [Repealed]
1Title and commencement
2Interpretation
3Act to bind the Crown
3ATransitional and savings provisions
4Principal objective of company [Repealed]
5Responsibility of Ministers [Repealed]
6Directors and their role [Repealed]
7Contracts for provision of services [Repealed]
8Collective agreements [Repealed]
[Repealed]
9Acquisition by the Crown of shares in company [Repealed]
10Application of Companies Act 1955 [Repealed]
11Shareholding Ministers may subscribe for additional shares and equity bonds in company [Repealed]
12Equity bonds [Repealed]
13Provisions relating to Ministers’ shareholding [Repealed]
14Powers of shareholding Ministers in respect of company [Repealed]
[Repealed]
15Statement of corporate intent [Repealed]
16Annual report, accounts, and dividend [Repealed]
17Half-yearly reports [Repealed]
18Information to be laid before House of Representatives [Repealed]
19Other information [Repealed]
20Auditor-General to be auditor of company and subsidiaries [Repealed]
21Protection from disclosure of sensitive information [Repealed]
[Repealed]
22Agreements in relation to vesting of State housing assets and liabilities and Corporation assets and liabilities [Repealed]
23Assets relating to land and interests in land may be dealt with separately [Repealed]
24Vesting of State housing assets and liabilities and Corporation assets and liabilities in company [Repealed]
25Additional provisions relating to vesting [Repealed]
26Vesting of assets where certain terms and conditions prescribed by statute [Repealed]
27Provisions relating to vesting of land [Repealed]
28Title to land vested in company [Repealed]
29Land certification [Repealed]
30Certification of easements [Repealed]
31Orders in Council relating to vesting of State housing assets and liabilities and Corporation assets and liabilities [Repealed]
32Books and documents to remain evidence [Repealed]
33Application of Housing Act 1955 to company [Repealed]
34Acquisition of land under Public Works Act 1981 [Repealed]
35Return of assets or liabilities by company to the Crown [Repealed]
36Title to land vested in the Crown [Repealed]
37Application of Housing Act 1955 [Repealed]
38Amendment to section 34 of Housing Act 1955 [Repealed]
39Amendment to Maori Housing Act 1935 [Repealed]
40Application of Government Superannuation Fund Act 1956 [Repealed]
41Amendments to other Acts [Repealed]
[Repealed]
42Interpretation [Repealed]
43Income-related rent [Repealed]
44Backdating [Repealed]
45Changes in rent [Repealed]
[Repealed]
46Calculating income-related rents [Repealed]
47Assessable income [Repealed]
48Certain amounts included in weekly income [Repealed]
49Calculation mechanism may include amounts in or exclude amounts from weekly income [Repealed]
[Repealed]
50Assessable assets [Repealed]
51Assessable income may be adjusted in certain cases [Repealed]
[Repealed]
52Estimating weekly income [Repealed]
53Regulations for purposes of calculation mechanism [Repealed]
[Repealed]
54Transitional arrangements for certain tenants [Repealed]
55Responsible department may verify entitlement [Repealed]
[Repealed]
56Tenant’s duty to advise change of circumstances [Repealed]
57Reviews of income-related rents [Repealed]
57AHNZ may review housing eligibility [Repealed]
[Repealed]
57BHNZ may investigate circumstances relevant to income-related rent [Repealed]
57CHNZ may investigate circumstances of prospective tenant [Repealed]
57DHNZ may investigate circumstances relevant to continued eligibility [Repealed]
57EHNZ may investigate circumstances of applicant for financial product [Repealed]
58HNZ may ask questions, etc [Repealed]
58AActions that may be taken by HNZ [Repealed]
59HNZ may seek information [Repealed]
59AHNZ may require information for certain purposes [Repealed]
60Recovery where rate of rent too low [Repealed]
61Allocation of HNZ housing [Repealed]
[Repealed]
61AOffence not to provide information or to provide false or misleading information [Repealed]
61BOffence to mislead HNZ for certain purposes or results [Repealed]
[Repealed]
62Rights of appeal [Repealed]
62ATenant may appeal [Repealed]
62BPowers of appeal body [Repealed]
62CWhere appeal body established by regulations [Repealed]
63Regulations for purposes other than calculation mechanism [Repealed]
[Repealed]
64Delegation of powers under this Part [Repealed]
65Reimbursement of company [Repealed]
[Repealed]
65ACode of conduct applying to obtaining information under section 59A [Repealed]
65BWho must comply with code of conduct [Repealed]
65CRegulations authorising information to be obtained [Repealed]
65DComplaints [Repealed]
65EMatters to be included in code of conduct [Repealed]
[Repealed]
65FInterpretation of deduction notice sections of this Part [Repealed]
65GDeduction of overdue Crown debt [Repealed]
65HMatters relating to deduction notice [Repealed]
65IIssue of deduction notice to State sector employer [Repealed]
65JDischarge of debt [Repealed]
65KDeduction notices issued to banks [Repealed]
65LMaking of deductions [Repealed]
65MOffences in relation to deduction notices [Repealed]
65NProtected earnings [Repealed]
65OPenalty for late deductions [Repealed]
65PHow notice may be given [Repealed]
66Interpretation
67Purpose of section 68
68Disclosure of tenancy information for benefit purposes
69Information and details to be disclosed
70Purpose of this Part and Parts 8 to 10
71Interpretation of terms used in this Part
72Income-related rent
73Changes in rent
74Increase in rent due to change in tenant’s circumstances
75Kāinga Ora–Homes and Communities may review placement
76Limits on obligations of Kāinga Ora–Homes and Communities
77HNZ may investigate circumstances of applicant for financial product [Repealed]
78HNZ may ask questions, take actions, etc [Repealed]
79Kāinga Ora–Homes and Communities may seek information
80Kāinga Ora–Homes and Communities may require information for certain purposes
81Placement in Kāinga Ora housing
82Offence not to provide information or to provide false or misleading information
83Offence to mislead Kāinga Ora–Homes and Communities for certain purposes or results
84Delegation of powers under this Part
85Reimbursement agreement with Kāinga Ora–Homes and Communities
86Code of conduct applying to obtaining information required under section 80
87Who must comply with code of conduct
88Regulations authorising information to be obtained
89Complaints
90Matters to be included in code of conduct
91Interpretation of terms used in this Part
92Income-related rent
93Changes in rent
94Increase in rent due to change in tenant’s circumstances
95Placement in community housing
96Registered community housing provider may review placement
97Limits on obligations of registered community housing provider
98Reimbursement agreements with registered community housing providers
99Interpretation of terms used in this Part
100Social housing agency
101Functions of agency
102Ministerial directions to agency
103Agency to notify social housing providers of eligibility and housing needs
104Income-related rent
105Backdating of applications for calculation of income-related rent
106Agency must notify social housing providers of tenant’s income-related rent
107Calculating income-related rents
108Assessable income
109Certain amounts included in weekly income
110Calculation mechanism may include amounts in or exclude amounts from weekly income
111Assessable assets
112Assessable income may be adjusted in certain cases
113Estimating weekly income
114Regulations for purposes of calculation mechanism
115Tenant’s duty to advise changes of circumstances
116Reviews of income-related rents
117Agency may review housing eligibility
118Agency may review housing needs of tenant
119Agency may investigate circumstances relevant to income-related rent
120Agency may investigate circumstances of prospective tenant
121Agency may investigate circumstances relevant to continued eligibility
122Agency may ask questions
123Actions that may be taken by agency
124Agency may seek information
125Agency may require information for certain purposes
126Powers of agency to use information
127Recovery where rate of rent too low
128Recovery of debt where agency is Ministry
129Allocation of social housing
130Offence not to provide information or to provide false or misleading information
131Offence to mislead agency for certain purposes or results
132Rights of appeal
133Tenant may appeal
134Powers of appeal body
135Where appeal body established by regulations
136Regulations relating to appeals and other matters
137Delegation of powers under this Part
137ATailored agreements with social housing providers
138Code of conduct applying to obtaining information under section 125
139Who must comply with code of conduct
140Regulations authorising information to be obtained
141Complaints
142Matters to be included in code of conduct
143Debt recovery by agency other than Ministry
144Application of sections 145 to 155
145Interpretation of deduction notice sections of this Part
146Deduction of overdue Crown debt
147Matters relating to deduction notice
148Issue of deduction notice to State sector employer
149Discharge of debt
150Deduction notices issued to banks
151Making of deductions
152Offences in relation to deduction notices
153Protected earnings
154Penalty for late deductions
155How notice may be given
156Transitional arrangements for certain tenants
157Responsible department may verify entitlement
158Interpretation of terms used in this Part
159Regulatory authority
160Authority’s main objectives
161Authority’s functions
162Ministerial directions to authority
163Application for registration
164Further information to be provided with registration application
165Authority must decide application for registration
166Approval of registration
167Refusal of registration
168Registration continuous so long as criteria continue to be met
169Suspension of registration
170When registration may be revoked
171Procedure for revocation
172Register of community housing providers
173Certain community housing providers deemed to be registered
174Authority to monitor registered community housing providers
175Reporting requirements of registered community housing providers
176Annual reports provided by registered community housing providers
177Complaints about registered community housing providers
178Authority may require person to supply information or produce documents
179Use of intervention powers by authority
180Authority may appoint to governing body of registered community housing provider
181Authority may give binding instructions to registered community housing provider
182Reporting obligations
183Rights of appeal
184Community housing provider may appeal
185Powers of appeal body
186Where appeal body established by regulations
187Regulations relating to appeals
188Appeal body may make interim order pending determination of appeal
189Delegation of powers under this Part
190Regulations relating to community housing providers
191Consultation requirements for making regulations
192How notice may be given
Reprint notes
Title [Repealed]

Title: repealed, on 1 October 2019, by section 32 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).