Housing Restructuring and Tenancy Matters Act 1992

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Reprint as at 1 July 2018

Coat of Arms of New Zealand

Housing Restructuring and Tenancy Matters Act 1992

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

Act name: substituted, on 1 July 2006, by section 5(1) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

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 Business, Innovation, and Employment and the Ministry of Social Development.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
3ATransitional and savings provisions
Part 1
Principles
4Principal objective of company [Repealed]
5Responsibility of Ministers [Repealed]
6Directors and their role [Repealed]
7Contracts for provision of services
8Collective agreements [Repealed]
Part 2
Acquisition by the Crown of shares in company
[Repealed]
9Acquisition by the Crown of shares in company [Repealed]
10Application of Companies Act 1955 [Repealed]
11Shareholding Ministers may subscribe for additional shares and equity bonds in company [Repealed]
12Equity bonds [Repealed]
13Provisions relating to Ministers’ shareholding [Repealed]
14Powers of shareholding Ministers in respect of company [Repealed]
Part 3
Accountability
[Repealed]
15Statement of corporate intent [Repealed]
16Annual report, accounts, and dividend [Repealed]
17Half-yearly reports [Repealed]
18Information to be laid before House of Representatives [Repealed]
19Other information [Repealed]
20Auditor-General to be auditor of company and subsidiaries [Repealed]
21Protection from disclosure of sensitive information [Repealed]
Part 4
Vesting of State housing assets and liabilities and Corporation assets and liabilities in company
22Agreements in relation to vesting of State housing assets and liabilities and Corporation assets and liabilities
23Assets relating to land and interests in land may be dealt with separately
24Vesting of State housing assets and liabilities and Corporation assets and liabilities in company
25Additional provisions relating to vesting
26Vesting of assets where certain terms and conditions prescribed by statute
27Provisions relating to vesting of land
28Title to land vested in company
29Land certification
30Certification of easements
31Orders in Council relating to vesting of State housing assets and liabilities and Corporation assets and liabilities
32Books and documents to remain evidence
33Application of Housing Act 1955 to company
34Acquisition of land under Public Works Act 1981
35Return of assets or liabilities by company to the Crown
36Title to land vested in the Crown
37Application of Housing Act 1955
38Amendment to section 34 of Housing Act 1955
39Amendment to Maori Housing Act 1935
40Application of Government Superannuation Fund Act 1956
41Amendments to other Acts
Part 5
Income-related rents, housing eligibility, and other matters
[Repealed]
42Interpretation [Repealed]
43Income-related rent [Repealed]
44Backdating [Repealed]
45Changes in rent [Repealed]
Calculating income-related rents
[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]
Assessable assets, and deprivation of income or property
[Repealed]
50Assessable assets [Repealed]
51Assessable income may be adjusted in certain cases [Repealed]
Estimating weekly income, and regulations for purposes of calculation mechanism
[Repealed]
52Estimating weekly income [Repealed]
53Regulations for purposes of calculation mechanism [Repealed]
Transitional matters
[Repealed]
54Transitional arrangements for certain tenants [Repealed]
55Responsible department may verify entitlement [Repealed]
Administrative matters and review
[Repealed]
56Tenant’s duty to advise change of circumstances
57Reviews of income-related rents [Repealed]
57AHNZ may review housing eligibility [Repealed]
Investigations and information-gathering powers
[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]
Offences
[Repealed]
61AOffence not to provide information or to provide false or misleading information [Repealed]
61BOffence to mislead HNZ for certain purposes or results [Repealed]
Appeals
[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]
Delegation
[Repealed]
64Delegation of powers under this Part [Repealed]
65Reimbursement of company [Repealed]
Code of conduct
[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]
Deduction notices
[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]
Part 6
Information matching
66Interpretation
67Purpose of section 68
68Disclosure of tenancy information for benefit purposes
69Information and details to be disclosed
Part 7
HNZ housing
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
75HNZ may review placement
76Limits on obligations of HNZ
Financial products
77HNZ may investigate circumstances of applicant for financial product
78HNZ may ask questions, take actions, etc
79HNZ may seek information
80HNZ may require information for certain purposes
Placement in HNZ housing
81Placement in HNZ housing
Offences
82Offence not to provide information or to provide false or misleading information
83Offence to mislead HNZ for certain purposes or results
Delegations
84Delegation of powers under this Part
Reimbursement
85Reimbursement agreements with HNZ
Code of conduct
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
Part 8
Community housing
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
Part 9
Social housing agency
Preliminary provisions
99Interpretation of terms used in this Part
Appointment, functions, and operation of social housing agency
100Social housing agency
101Functions of agency
102Ministerial directions to agency
Eligibility, housing needs, and income-related rent
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
Calculating income-related rents
107Calculating income-related rents
108Assessable income
109Certain amounts included in weekly income
110Calculation mechanism may include amounts in or exclude amounts from weekly income
Assessable assets, and deprivation of income or property
111Assessable assets
112Assessable income may be adjusted in certain cases
Estimating weekly income, and regulations for purposes of calculation mechanism
113Estimating weekly income
114Regulations for purposes of calculation mechanism
Administrative matters and review
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
Investigations and information-gathering powers
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
Allocation of social housing
129Allocation of social housing
Offences
130Offence not to provide information or to provide false or misleading information
131Offence to mislead agency for certain purposes or results
Appeals
132Rights of appeal
133Tenant may appeal
134Powers of appeal body
135Where appeal body established by regulations
Regulations
136Regulations relating to appeals and other matters
Delegations
137Delegation of powers under this Part
Flexible purchasing
137ATailored agreements with social housing providers
Code of conduct
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
Debt recovery by agency other than Ministry
143Debt recovery by agency other than Ministry
144Application of sections 145 to 155
Deduction notices
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
Transitional matters
156Transitional arrangements for certain tenants
157Responsible department may verify entitlement
Part 10
Regulatory authority
Preliminary provisions
158Interpretation of terms used in this Part
Appointment, objectives, functions, and operation of authority
159Regulatory authority
160Authority’s main objectives
161Authority’s functions
162Ministerial directions to authority
Registration of community housing providers
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
Provisions relating to registered community housing providers
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
Intervention powers in respect of registered community housing providers
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
Other reporting
182Reporting obligations
Appeals
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
Regulations under this Part
190Regulations relating to community housing providers
191Consultation requirements for making regulations
Notice
192How notice may be given
Schedule 1
Enactments amended
Schedule 2
Prescribed elements of calculation mechanism
Schedule 3
Transitional matters relating to certain HNZ tenants
Schedule 4
Transitional and savings provisions relating to Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
Housing New Zealand Limited Vesting Order 1993
Reprint notes

An Act to—

(a)

provide for the acquisition by the Crown of shares in the capital of a company incorporated under the Companies Act 1955; and

(b)

provide for the vesting in that company of State housing land held by the Crown under the Housing Act 1955 and assets and liabilities of the Housing Corporation of New Zealand; and

(c)

provide for related matters, income-related rents, information matching, and other tenancy matters

Title paragraph (c): amended, on 1 July 2006, by section 4 of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).