Government Bill
63—3D
As reported from the committee of the whole House
This Bill was formerly Part of the Infrastructure Bill as reported from the Transport and Industrial Relations Committee. The committee of the whole House has further amended the bill and divided it into the following bills:
Utilities Access Bill comprising Part 1 and the Schedule
Infrastructure (Amendments Relating to Utilities Access) Bill comprising Part 2
New Zealand Railways Corporation Amendment Bill comprising Part 3
This Bill comprising Part 4
Hon Bill English
1 Title
2 Commencement
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Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
49 Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
50 Amendment to Building Act 2004
51 Amendments to Goods and Services Tax Act 1985
52 Amendment to Housing Corporation Act 1974
53 Amendment to Local Government Act 2002
Amendment to Property Law Act 2007
54 Amendment to Property Law Act 2007
277A Certain covenants void
The Parliament of New Zealand enacts as follows:
This Act is the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010.
This Act comes into force on the day after the date on which it receives the Royal assent.
The Affordable Housing: Enabling Territorial Authorities Act 2008 (2008 No 67) is repealed.
(1) This section amends the Building Act 2004.
(2) Section 49(2) is amended by—
(a) omitting “; and” from paragraph (b); and
“; and”
(b) repealing paragraph (c).
(1) This section amends the Goods and Services Tax Act 1985.
(2) Section 5 is amended by repealing subsections (7D) and (7E).
(3) Section 11B is amended by repealing subsections (1D) and (1E).
(1) This section amends the Housing Corporation Act 1974.
(2) Section 3B is amended by—
(1) This section amends the Local Government Act 2002.
(2) Schedule 10 is amended by repealing clause 7A.
(1) This section amends the Property Law Act 2007.
(2) The following section is inserted after section 277:
“277A Certain covenants void“(1) A covenant concerning land is void if a principal purpose of the covenant is to stop the land being used for housing for—“(a) people on low incomes; or“(b) people with special housing needs; or“(c) people whose disabilities mean that they need support or supervision in their housing.“(2) Without limiting the covenants that are void under subsection (1), covenants to the following effect are void:“(a) a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, any other central or local government body, or a private body that may facilitate the occupation of housing on the land by people selected by the corporation or the body:“(b) a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, a subsidiary company of Housing New Zealand Corporation, any other central or local government body, or a private body that provides housing to tenants on a subsidised basis:“(c) a covenant that the transferee will not directly or indirectly convey the land to a central or local government body or a private body for the purposes of public or institutional housing.“(3) This section applies only to covenants entered into on or after the day on which this section comes into force.“Compare: 2008 No 67 ss 30, 34”.
“(1) A covenant concerning land is void if a principal purpose of the covenant is to stop the land being used for housing for—
“(a) people on low incomes; or
“(b) people with special housing needs; or
“(c) people whose disabilities mean that they need support or supervision in their housing.
“(2) Without limiting the covenants that are void under subsection (1), covenants to the following effect are void:
“(a) a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, any other central or local government body, or a private body that may facilitate the occupation of housing on the land by people selected by the corporation or the body:
“(b) a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, a subsidiary company of Housing New Zealand Corporation, any other central or local government body, or a private body that provides housing to tenants on a subsidised basis:
“(c) a covenant that the transferee will not directly or indirectly convey the land to a central or local government body or a private body for the purposes of public or institutional housing.
“(3) This section applies only to covenants entered into on or after the day on which this section comes into force.
“Compare: 2008 No 67 ss 30, 34”.