New Zealand Legislation: Bills

6 What this Act does about affordable housing and social housing

• (1) Territorial authorities that want to find out whether there is enough affordable housing in their districts may do housing needs assessments. Sections 7 and 8 provide for an assessment.

  (2) If the housing needs assessments show the territorial authorities that there is not enough affordable housing in their districts, they may make affordable housing policies. Sections 9 to 15 describe the content of a policy.

  (3) The steps that the territorial authorities must take in making and communicating affordable housing policies are in sections 16 15A to 23. The steps are—

  • (a) consulting the community on a draft:

  • (b) considering the results of the consultation and other matters that affect the draft:

  • (c) adopting the policy:

  • (d) communicating the policy.

  (4) Persons affected by the policy, or its application in a particular case, application of the policy may want to object or appeal. Sections 24 to 27 deal with objection and appeal rights.

  (5) Territorial authorities need powers to implement their affordable housing policies. Sections 28 to 31 state the powers.

  (6) Territorial authorities review and amend their affordable housing policies using processes that link into the Local Government Act 2002. Sections 32 and 33 record this fact.

  (7) Territorial authorities have powers under the Resource Management Act 1991 as well as under this Act. Section 34 deals with the relationship between the Acts.

  (8) Covenants whose principal purpose is to stop are void if one of their purposes is to stop the provision of affordable housing or social housing are void. Section 35 provides for this.

  (8A) Territorial authorities may include their affordable housing policies in their long-term council community plans, if they want to, but this Act requires them to include only a summary of the policy.

  (9) Territorial authorities doing actions referred to in subsections (1) to (3), (5), and (6) under this Act must observe all the principles in section 14 of the Local Government Act 2002 but must give first priority to the principle in section 14(1)(e).