Social Housing Appeals Regulations 2014

2014/118

Coat of Arms of New Zealand

Social Housing Appeals Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 7th day of April 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 136 of the Housing Restructuring and Tenancy Matters Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Social Housing Appeals Regulations 2014.

2 Commencement
  • These regulations come into force on 14 April 2014.

3 Application
  • These regulations apply only while the agency is the Ministry of Social Development.

4 Interpretation
  • In these regulations, unless the context otherwise requires,—

    agency means the social housing agency appointed under section 100 of the Act

    benefits review committee or review committee means a benefits review committee established under section 10A of the Social Security Act 1964

    Social Security Appeal Authority or Appeal Authority means the authority established under section 12A of the Social Security Act 1964.

5 Appeals may be made to Social Security Appeal Authority
  • (1) The body to which appeals under section 133 of the Act may be made is the Social Security Appeal Authority.

    (2) A tenant may appeal to the Appeal Authority against a decision, determination, or assessment of the agency referred to in section 132(1) of the Act that—

    • (a) has been confirmed or varied by a benefits review committee; or

    • (b) was made by the chief executive of the agency other than pursuant to a delegation.

    Compare: 1964 No 136 s 12J(1)

6 Function of benefits review committee
  • The function of a benefits review committee is to review decisions, determinations, or assessments of the agency referred to in section 132(1) of the Act and, for that purpose, section 10A(2) to (7) of the Social Security Act 1964 applies with all necessary modifications.

7 Review by benefits review committee
  • (1) A tenant may apply in writing to the appropriate benefits review committee for a review of a decision, determination, or assessment of the agency referred to in section 132(1) of the Act.

    (2) The application must be made—

    • (a) within 3 months after the tenant receives notification of the decision, determination, or assessment; or

    • (b) if the review committee considers there is good reason for the delay, within such further period as the committee may allow on application made to it before or after the end of that period of 3 months.

    (3) As soon as practicable after receiving an application for review, the review committee must review the decision, determination, or assessment.

    (4) The review committee may confirm, vary, or revoke the decision, determination, or assessment.

    (5) In reviewing a decision, determination, or assessment of the agency, the review committee—

    • (a) does not act independently of the agency; and

    • (b) must have regard to the same matters as the agency must have regard to when making the decision, determination, or assessment.

    (6) On reaching a decision on any review, the review committee must give written notification of its decision to the tenant and include in the notification—

    • (a) the reasons for the review committee's decision; and

    • (b) advice that the tenant has a right of appeal against the decision to the Social Security Appeal Authority.

    Compare: 1964 No 136 s 10A(1)–(1B), (8), (9)

8 Notice of appeal
  • (1) A tenant may commence an appeal to the Social Security Appeal Authority by lodging a written notice of appeal.

    (2) The notice of appeal must be lodged with the Secretary of the Appeal Authority within—

    • (a) 3 months after the tenant is notified of the review committee's decision or, if regulation 5(2)(b) applies, within 3 months after the tenant is notified of the decision, determination, or assessment; and

    • (b) any additional time allowed by the Appeal Authority, on application made to it before or after the end of that period of 3 months.

    (3) The notice of appeal must state with particularity the grounds of appeal and relief sought.

    (4) The parties to the appeal are—

    • (a) the tenant affected by the decision, determination, or assessment; and

    • (b) the agency.

    (5) The tenant must give a copy of the notice of appeal to the agency immediately before or after lodging the notice of appeal.

    Compare: 1964 No 136 s 12K(1)–(3)

9 Hearing and disposal of appeal
  • Sections 12K(4) to (11), 12L, 12M(1) to (6), 12N, 12OA, and 12P to 12S of the Social Security Act 1964 apply to the hearing and disposal of the appeal (including matters relating to procedure) with the following modifications:

    • (a) a reference in any of those sections to the chief executive is a reference to the agency:

    • (b) a reference in section 12M(1) to a decision is a reference to a decision, determination, or assessment of the agency:

 Michael Webster,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 14 April 2014, are made under the Housing Restructuring and Tenancy Matters Act 1992 (the Act) and provide for appeals against certain decisions of the social housing agency (the Ministry of Social Development).

Under section 133 of the Act, a tenant (including a prospective tenant) may appeal against—

  • any decision or determination of the social housing agency made under Part 8 of the Act, the calculation mechanism, or Schedule 3 of the Act in respect of an income-related rent:

  • any assessment by the social housing agency relating to the eligibility of any tenant for social housing or the housing needs of a tenant.

These regulations specify that the body to which these appeals may be made is the Social Security Appeal Authority (the appeal authority) established under the Social Security Act 1964.

A tenant may appeal to the appeal authority if the decision, determination, or assessment to which the appeal relates has been confirmed or varied by a benefits review committee established under section 10A of the Social Security Act 1964, or was made by the chief executive of the social housing agency other than under a delegation.

These regulations, among other things,—

  • specify how an appeal to the appeal authority may be made:

  • provide for the application (with modifications) of various sections of the Social Security Act 1964 that relate to appeals to the appeal authority:

  • provide for the function of a benefits review committee and related matters.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 April 2014.

These regulations are administered by the Ministry of Social Development and the Ministry of Business, Innovation, and Employment.