Housing Restructuring and Tenancy Matters Act 1992

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

additional resident, in relation to any social housing, means a person who—

(a)

is aged 16 years or over; and

(b)

is financially independent (within the meaning of section 3(1) of the Social Security Act 1964); and

(c)

resides or is to reside in the housing; but

(d)

is not an applicable person

agency means the social housing agency or agencies appointed under section 100

agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law

applicable person, in relation to any social housing,—

(a)

means every person to whom the housing is or is to be let; and

(b)

includes every person who is the spouse or partner of such a person

appointed day means 17 November 2000

assessable assets has the meaning given to that term by the calculation mechanism

assessable income has the meaning given to that term by section 108

authority means the authority appointed under section 159 to perform the functions and exercise the powers of the regulatory authority under Part 10

board means the board of directors of the company

calculate includes ascertain

calculation mechanism,—

(a)

before the commencement of the regulations first made under section 114, means sections 107 to 113 and the provisions of Schedule 2; and

(b)

after that commencement, means sections 107 to 113 and the regulations for the time being in force under section 114

code of conduct,—

(a)

in relation to information that may be required under section 80, means the code of conduct issued under section 86:

(b)

in relation to information that may be required under section 125, means the code of conduct issued under section 138

community housing means any premises that are let or to be let by or on behalf of a registered community housing provider for occupation by any person as a place of residence (whether or not the premises are owned by the provider or any other person)

community housing provider means a housing provider (other than HNZ or the Corporation) that has, as 1 of its objects, the provision of one or both of the following types of housing:

(a)

social rental housing:

(b)

affordable rental housing

company,—

(a)

before the day on which the order under section 53 of the Housing Corporation Act 1974 relating to it comes into force, means the company the shares in which—

(i)

on 30 June 2001 were owned by the responsible Minister (as that term was then defined by this section) and the Minister of Finance, having been acquired under the former section 9; and

(ii)

on 1 July 2001 vested in the Corporation under section 52(1) of the Housing Corporation Act 1974; but

(b)

on and after that day, must be read as a reference to the Corporation as that company’s successor

contributions, in relation to an additional resident of any social housing, means all payments made by the resident, and the value of all goods or services provided or paid for by the resident,—

(a)

as a contribution towards the costs and expenses incurred by the applicable persons in residing there; or

(b)

in consideration of goods or services provided by the applicable persons while the resident is residing there; or

(c)

in consideration of the resident being allowed to reside there; or

(d)

for 2 or all of those reasons

Corporation means the Housing New Zealand Corporation established under section 3 of the Housing Corporation Act 1974

Corporation assets means any real or personal property of any kind belonging to the Corporation, whether or not subject to rights; and, without limiting the generality of the foregoing, includes—

(a)

any estate or interest in any land belonging to the Corporation, including all rights of occupation of land or buildings:

(b)

all buildings, vehicles, plant, equipment, and machinery belonging to the Corporation, and any rights therein:

(c)

all financial products within the meaning of the Financial Markets Conduct Act 2013 belonging to the Corporation:

(d)

all rights of any kind belonging to the Corporation, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights:

(e)

all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights whether enforceable by Act or rule of law belonging to the Corporation:

(f)

goodwill and any business undertaking of the Corporation

Corporation liabilities means liabilities of the Corporation

District Land Registrar means a District Land Registrar appointed under the Land Transfer Act 1952; and includes a Registrar of Deeds

HNZ means the company

HNZ housing means premises (whether owned by the Crown, HNZ, or any other person) let or to be let by or on behalf of HNZ for occupation by any person as a place of residence

income-related purpose has the same meaning as in section 3(1) of the Social Security Act 1964

income-related rent,—

(a)

in relation to a tenant of HNZ housing, means a rent that the agency has—

(i)

calculated for the tenant under the calculation mechanism or Schedule 3; and

(ii)

notified to HNZ; or

(b)

in relation to a tenant of a registered community housing provider, means a rent that the agency has—

(i)

calculated for the tenant under the calculation mechanism; and

(ii)

notified to the provider

joint Ministers means the Minister of Finance, the Minister of Housing, and the Minister for Social Development

liabilities includes—

(a)

liabilities and obligations under any Act or agreement; and

(b)

deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and

(c)

contingent liabilities

market rent,—

(a)

in relation to HNZ housing, means the rent for the time being determined by HNZ or the Tenancy Tribunal (under the Residential Tenancies Act 1986) as the market rent for that housing; or

(b)

in relation to housing provided by a registered community housing provider, means the rent for the time being determined by that provider or the Tenancy Tribunal (under the Residential Tenancies Act 1986) as the market rent for that housing

notification means notification by the agency under sections 103 or 106

partner, in the phrase “spouse or partner” and in related contexts, means, in relation to any person (A), a person who is A’s civil union partner or de facto partner

prospective tenant means a person—

(a)

who—

(i)

is not a person to whom any social housing is let or to be let; and

(ii)

has applied to the agency (alone or together with some other person or people) for an assessment of the person’s eligibility for social housing and—

(A)

whose eligibility for social housing has not yet been confirmed or declined or whose application for an assessment has not yet been withdrawn; or

(B)

whose eligibility for social housing has been confirmed but who has not yet been allocated any particular social housing by a social housing provider; or

(b)

who—

(i)

is already a person to whom social housing is let or to be let; but

(ii)

has applied to the agency (alone or together with some other person or people) to become a tenant of some other social housing and has not yet had the application accepted or declined, or withdrawn it

registered community housing provider means a community housing provider that is registered by the authority under Part 10 as a community housing provider

reimbursement agreement means an agreement referred to in section 85(1) or an agreement under section 98(1)

rent period, in relation to any social housing, means a period in respect of which the tenant is required by the tenancy agreement to pay rent for the housing

rights includes powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective

security means a mortgage, submortgage, charge (whether legal or equitable), bond, stock, debenture, bill of exchange, promissory note, guarantee, indemnity, defeasance, hypothecation, instrument by way of security, lien, pledge, or other security for the payment of money or for the discharge of any other obligation or liability, and in any case whether upon demand or otherwise, whether present or future and whether actual or contingent, and includes an acknowledgment of debt (whether or not otherwise secured) and an agreement or undertaking to give or execute whether upon demand or otherwise any of the foregoing

sitting day means a sitting day of the House of Representatives

social housing means HNZ housing or community housing

social housing provider means HNZ or a registered community housing provider

standard tax means the amount of tax reckoned on a weekly basis that would be deductible in accordance with tax code M specified in section 24B of the Tax Administration Act 1994

State housing assets means State housing land within the meaning of section 2(1) of the Housing Act 1955; and includes—

(a)

all buildings, vehicles, plant, equipment, machinery, and chattels belonging to the Crown and relating to State housing land (as so defined) and any rights therein:

(b)

all rights of the Crown of any kind relating to State housing land (as so defined) including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights; and

(c)

all securities belonging to the Crown and relating to State housing land (as so defined)

State housing liabilities means all liabilities of the Crown relating to State housing land within the meaning of section 2(1) of the Housing Act 1955

statement of corporate intent means the current statement of corporate intent for the company prepared pursuant to section 15

study grant means a basic grant or independent circumstances grant under regulations under section 303 of the Education Act 1989 (or an allowance, award, bursary, grant, or scholarship that the agency considers to have been established under that section in place of a basic grant or independent circumstances grant)

tailored agreement means an agreement under section 137A

tenant,—

(a)

in relation to social housing in general,—

(i)

means any person or people to whom any social housing is let or to be let; and

(ii)

includes a prospective tenant; and

(b)

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

(2)

In this Act, a reference to transfer, authorise, or grant includes entering into an agreement to transfer, authorise, or grant, as the case may be.

(3)

References in this Act to State housing land within the meaning of subsection (1) of section 2 of the Housing Act 1955 shall be construed as references to State housing land within the meaning of that subsection and nothing in subsection (2) of that section shall apply.

(4)

References in this Act to person include an agency and any person who is an officer or employee in the service of the Crown in a government department or public body (other than as an officer of a court, in his or her official capacity).

Section 2(1) additional resident: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) agency: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) applicable person: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) appointed day: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) assessable assets: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) assessable income: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) authority: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) calculate: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) calculation mechanism: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) code of conduct: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) community housing: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) community housing provider: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) company: substituted, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

Section 2(1) contributions: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) Corporation: amended, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

Section 2(1) Corporation assets paragraph (c): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 2(1) HNZ: inserted, on 28 November 2013, by section 4(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) HNZ housing: inserted, on 28 November 2013, by section 4(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) income-related purpose: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) income-related rent: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) joint Ministers: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) liabilities paragraph (b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 2(1) market rent: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) notification: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) partner: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) prospective tenant: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) registered community housing provider: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) reimbursement agreement: inserted, on 28 May 2015, by section 4 of the Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 (2015 No 50).

Section 2(1) rent period: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) responsible Minister: repealed, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

Section 2(1) rules: repealed, on 28 November 2013, by section 4(2) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) shareholding Ministers: repealed, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

Section 2(1) social housing: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) social housing provider: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) standard tax: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) study grant: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(1) subsidiary: repealed, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) tailored agreement: inserted, on 28 May 2015, by section 4 of the Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 (2015 No 50).

Section 2(1) tenant: inserted, on 14 April 2014, by section 19(1) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

Section 2(4): inserted, on 28 November 2013, by section 4(3) of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).