the hostel is used for the accommodation of 5 or more students of whom none is in any way a family member of, or related to, the owner; and

each student’s accommodation is provided for valuable consideration and for 1 or more periods each of which is longer than 3 consecutive nights.

delivered personally to the person; or

delivered to the person at the person’s usual or last known place of residence or business; or

sent by fax or email to the person’s fax number or email address; or

sent by mail to the postal address of the person’s usual or last known place of residence or business.

the fifth working day after the day on which it is sent by mail; and

the day on which it is received.

by or on behalf of the hostel’s owner; and

on a form provided for the purpose by the authority.

a floor plan (drawn to scale) of each of the hostel’s buildings that indicates clearly the uses to which different parts of each of the hostel’s buildings are put; and

a site plan (drawn to scale) of the hostel’s premises that indicates clearly the uses to which different parts of the hostel’s land and buildings are put.

the hostel’s premises and facilities—

the management of the hostel complies with Part 4; and

the owner is a fit and proper person to hold a licence, taking into account all relevant matters (for example, those in regulation 13) in relation to the individual concerned or, if the owner is a body corporate, every director, and every person concerned in the management, of the body corporate.

may receive a relevant review completed by the Chief Review Officer within 3 years before the date of the application for the licence or renewal; and

may regard that review (together with any or all other information received) as helping it to be satisfied of the matters in regulation 11(2)(a) or (b) or both.

any previous cancellation of a licence involving 1 or more of the same individuals as a (or the) licensee or, if the licensee is a body corporate, as a director, or a person concerned in the management, of the licensee; and

any conviction for any offence against these regulations, any crime involving dishonesty, any offence involving harm to children or violence, or any sexual offence; and

any health problems that may affect the applicant’s ability to comply with any condition of a licence that is issued to the applicant under these regulations or to comply with any other obligations under these regulations; and

any property order made under the Protection of Personal and Property Rights Act 1988; and

any personal order made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—

any adjudication of bankruptcy under the Insolvency Act 2006, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, and 385 of the Companies Act 1993.

that he or she either is, or is authorised to make the application on behalf of, the owner of the hostel; and

whether, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, the application or notice includes or is accompanied by all relevant information known to the owner; and

whether all information included in or accompanying the application or notice is, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, in all respects true and correct.

the hostel’s premises and facilities—

the management of the hostel complies with Part 4; and

the owner is a fit and proper person to hold a licence, taking into account all relevant matters (for example, those in regulation 13) in relation to the individual concerned or, if the owner is a body corporate, every director, and every person concerned in the management, of the body corporate; and

any relevant fee under regulation 42 has been paid.

the standard condition in regulation 22; and

any special conditions imposed under regulation 23.

if it is renewed under regulation 19 or regulation 20, when it would have expired if it had not been so renewed; and

in every other case, with the close of the date that is 3 years after the date on which it is granted or renewed.

the authority’s decision to grant or to decline the application; and

the authority’s reasons for that decision.

be made by or on behalf of the licensee; and

be made on a form provided for the purpose by the authority; and

include or be accompanied by all other supporting information required by that form; and

be lodged with the authority no later than 20 working days before the time at which the licence will expire under regulation 15(4) unless earlier cancelled or renewed and, if the application is one required by regulation 20, no later than 20 working days before the change of ownership.

after the deadline in regulation 17(d); but

before the time at which the licence will expire under regulation 15(4) unless earlier cancelled or renewed and, if the application is one required by regulation 20, before the change of ownership.

affect, or make inaccurate in any way, the conditions of, or any other matter stated in, the licence; or

result in the hostel’s premises or operations being, in some particular respect, significantly different from the hostel’s premises or operations when the licence was granted or renewed.

the licensee’s full name; and

the street address, and other identifying details, of the premises of the hostel for which it was granted or renewed; and

the date on which it was granted or renewed; and

the date on the close of which the licence will expire under regulation 15(4) unless earlier cancelled or renewed; and

the standard condition in regulation 22; and

any special conditions imposed under regulation 23.

restricting a hostel’s operation to specified days of every school week; or

specifying maximum numbers of boarders of specified classes or descriptions who may be accommodated in the hostel (being maximum numbers not inconsistent with the maximum number, in the standard condition in regulation 22, of boarders of all classes and descriptions who may be accommodated in the hostel).

the full name of each responsible person; and

a notice that complies with subclause (3).

explains the procedure established by Part 5 for the handling of complaints, made by a boarder, boarder’s parent, or Board, about non-compliance—

explains the licensee’s duties under regulation 26.

the hostel does not comply with the minimum standards for hostel premises and facilities in Part 3:

the hostel does not comply with a condition subject to which the licence was granted:

the management of the hostel does not comply with Part 4:

the licensee or hostel does not comply with any other provision or provisions of these regulations.

the deadline by which the specified non-compliance must be eliminated; and

that a failure to eliminate the specified non-compliance before that deadline may result in suspension, or in suspension and then cancellation, of the licence.

12 months after the day on which the licensee was given the direction; and

the time at which the licence will expire under regulation 15(4) unless earlier cancelled or renewed.

the licensee has failed to comply with regulation 64(1) (isolation of boarders or members of hostel staff suffering from, or suspected to be suffering from, or exposed to, certain infectious diseases); or

it is, for some other reason, contrary to the boarders’ interests for the hostel to remain open.

information in, or accompanying, the application for the granting or renewal of the licence was false or misleading in a material particular and the licensee has not, despite having been given a reasonable opportunity to do so, corrected that information; or

the licensee has been given a formal direction under regulation 28, but has failed to eliminate the non-compliance specified in the direction by the deadline specified in the direction; or

the hostel is no longer under the licensee’s control.

the conditions the licensee must comply with to have the suspension revoked; and

the deadline for complying with those conditions (which must be one that the authority considers reasonable in the circumstances).

advise the boarders’ parents of the suspension; and

implement the plan required by regulation 48(b) for boarders’ evacuation and care in emergencies; and

take all reasonably practicable steps to help the boarders find adequate alternative accommodation.

the licence is suspended under regulation 32; and

the conditions specified under regulation 33(a) have been complied with before the deadline specified under regulation 33(b); and

the licence has not expired, and was not cancelled, before that deadline.

information in, or accompanying, the application for the granting or renewal of the licence was false or misleading in a material particular; or

the licensee or the hostel’s owner—

boarders were accommodated at the hostel while the licence was suspended under regulation 32; or

the licence is suspended under regulation 32 and the conditions specified under regulation 33(a) were not complied with before the deadline specified under regulation 33(b); or

the licensee has ceased to be a fit and proper person to hold a licence, taking into account all relevant matters (for example, those in regulation 38) in relation to the individual concerned or, if the owner is a body corporate, every director, and every person concerned in the management, of the body corporate.

taken all reasonably practicable steps to advise the licensee that the authority intends to cancel the licence; and

taken into account all representations (if any) received from the licensee within a reasonable time after the licensee was advised under paragraph (a) that the authority intends to cancel the licence.

any previous cancellation of a licence involving 1 or more of the same individuals as a (or the) licensee or, if the licensee is a body corporate, as a director, or a person concerned in the management, of the licensee; and

any conviction for any offence against these regulations, any crime involving dishonesty, any offence involving harm to children or violence, or any sexual offence; and

any mental illness or serious behavioural problems; and

any adjudication of bankruptcy under the Insolvency Act 2006, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, and 385 of the Companies Act 1993.

advise the boarders’ parents of the cancellation; and

implement the plan required by regulation 48(b) for boarders’ evacuation and care in emergencies; and

take all reasonably practicable steps to help the boarders find adequate alternative accommodation.

is the same as the licence that it replaces except in so far as the authority corrects errors in that licence; and

is deemed to have been granted under regulation 15 at the same time as the licence it replaces.

a fee prescribed by regulation 42 for the granting or renewal of the licence was paid to the authority; and

the licence was granted or renewed; and

the licence was then cancelled under regulation 37.

two-thirds of the fee if the expiry date of the licence is at least 2 years after the date of cancellation; or

one-third of the fee if the expiry date of the licence is at least 1 year, but not more than 2 years, after the date of cancellation.

boarders’ indoor and outdoor recreation (whether as individuals or in groups); and

quiet activities (for example, study); and

food preparation; and

eating; and

sleeping; and

toileting, bathing, or otherwise attending to personal hygiene and changing of clothing, in reasonable privacy; and

laundering of clothing; and

secure storage of the boarders’ personal effects; and

boarders to meet, or to communicate privately (in writing or by telephone, email, or other means), with parents and other people.

the hostel’s premises are lit by natural and artificial light; and

its buildings are heated and ventilated.

kept in good repair; and

not used in ways that endanger boarders’ safety.

a telephone is available for emergency calls to and from the hostel; and

a plan for the boarders’ evacuation, care, and temporary accommodation (if required) in emergencies (whether they result in hostel buildings being unsafe or uninhabitable or not) is provided and maintained, and the evacuation procedures are prominently displayed on the hostel’s premises; and

all hostel staff are trained in fire and earthquake drills, and in other emergency procedures; and

regular evacuation drills are carried out.

is designed to enable evacuation from the scene of a fire safely and within a reasonable time; and

satisfies all requirements (if any) imposed by or under the Fire and Emergency New Zealand Act 2017 for a fire evacuation scheme for the building or buildings concerned.

comply with all applicable New Zealand Standards; and

are kept safe and hygienic.

first-aid equipment and supplies sufficient to meet all reasonably foreseeable first-aid needs of the boarders are provided at the hostel, maintained, and ready for immediate use; and

if the boarders are present at a hostel building or on hostel land, at least 1 staff member who holds a current first-aid certificate is available at or on, or reasonably near, the hostel premises.

are supported in a positive learning environment; and

are given the opportunity to develop positively within reasonable boundaries; and

feel secure and valued; and

have ready access to people they can trust and confide in, and are supported in raising problems and issues that are of concern to them; and

have ready access to, and a degree of choice about, health and other personal services they may require.

every boarder is treated with respect and dignity; and

every boarder is given positive guidance promoting appropriate behaviour, having regard to the boarder’s stage of development; and

every boarder is given positive guidance by the use of praise and encouragement and the avoidance of blame, harsh language, and belittling or degrading responses; and

boarders being given direction and guidance are not subjected to any form of discrimination (including favouritism or antipathy), physical ill-treatment, solitary confinement, or deprivation of food, drink, warmth, shelter, privacy, or protection; and

physical restraint of a boarder is used only in circumstances, and only in accordance with restrictions and conditions, specified in the policy.

how the boarders may apply for and be granted leave of absence from the hostel; and

conditions that may apply to leave, including when the permission of a parent is required and the arrangements necessary to enable contact between the boarder and the hostel during leave; and

how checks are to be made of the suitability of the places where, and people with whom, each period of leave is to be spent; and

steps to be taken if a boarder is identified as missing or absent without leave; and

how recreational and other associated activities (such as transport to and from venues) are to be assessed to identify any risks involved, and how arrangements are to be made to manage those risks; and

how records of the boarders’ absences on leave from the hostel are to be created and maintained, how they are to be created and maintained with an appropriate degree of confidentiality, and the minimum period for which they must be retained.

has harmed (whether physically, emotionally, or sexually) or ill-treated a boarder; or

has, in directing or guiding a boarder, subjected him or her to discrimination (including favouritism or antipathy), solitary confinement, physical restraint contrary to hostel policy, or deprivation of food, drink, warmth, shelter, privacy, or protection; or

has otherwise abused, harassed, or seriously neglected a boarder.

give written notice of the matter to at least 1 of the persons or bodies in subclause (4), as well as to any other of them the owner considers appropriate; and

advise the authority when, and to whom, the notice required by paragraph (a) was given; and

give the authority a copy of that notice.

the boarder’s name, date of birth, and home address or addresses; and

the name and, if it differs from the boarder’s address, the home address of all guardians of the boarder; and

the place at which, or the means by which, at least 1 guardian of the boarder (or a person nominated by a guardian of the boarder) may be reached while the boarder is accommodated at the hostel; and

particulars of every accident and every illness occurring to or experienced by the boarder while at the hostel, and of any actions taken in response; and

details of any chronic illness from which the boarder suffers, and of any medication the boarder has to take as a result; and

details of all medicines of any kind administered by hostel staff to the boarder while at the hostel, the occasions on which they were administered, and by whose authority they were administered; and

the names and addresses of people who (by direction of a person who has the role of providing day-to-day care for, or custody of, the boarder) should be consulted if the boarder is ill or injured; and

the names and addresses of the people authorised by a guardian of the boarder to collect the boarder from the hostel and, if applicable, people who, by law,—

created and maintained with an appropriate degree of confidentiality; and

retained until at least 1 year after the boarder to whom they relate ceases to be accommodated at the hostel or, if the owner is a public office as defined in section 4 of the Public Records Act 2005, until any later time required by that Act; and

available at any reasonable time for inspection and copying by persons appointed under section 632 of the Act as authorised persons for the purpose of exercising the powers (for example, to enter and inspect hostel premises) in section 631 of the Act.

all permanent staff members are adults; and

no staff member has been convicted of a crime involving dishonesty and sentenced for that crime within the preceding 7 years, or has been convicted of any offence involving harm to children or violence, or has been convicted of any sexual offence, or is unfit to be a staff member because of mental illness or serious behavioural problems; and

every person employed or engaged by the owner of the hostel—

every person not employed or engaged by the hostel, and who is not a boarder or a parent of a boarder,—

staff and boarders are encouraged to maintain positive relationships with each other; and

security measures are used to prevent unauthorised access to the hostel’s premises.

if the owner is an individual, the owner:

if the owner is a body corporate, any director or person concerned in the management of the owner.

the number of them and their ages and needs; and

the nature (including the locations and times of day) of their activities; and

the training and qualifications of the staff or other adults concerned.

have no duties beyond administration, cleaning, food preparation and serving, or maintenance; or

are having meal breaks or periods during which they are not in contact with, or accessible to, the boarders.

the number of them and their ages and needs; and

the nature of the excursion or activity (including its location and time of day); and

the training and qualifications of the staff or other adults concerned.

food is served in the hostel at such times, and in such variety, quantity, and quality, as to meet the boarders’ nutritional needs; and

food is, when stored, prepared, and served, free of, and adequately protected against, contamination; and

an ample supply of potable water is available at all times to the boarders for drinking.

a boarder or member of hostel staff suffering from, or suspected to be suffering from, an infectious disease listed in Schedule 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966 is excluded from the hostel for the period of isolation shown for that disease in the second column of that schedule or for a lesser period the Medical Officer of Health determines; and

a boarder or member of hostel staff exposed to an infectious disease listed in Schedule 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966 is excluded from the hostel for the period of isolation shown for that disease in the fourth column of that schedule or for a lesser period the Medical Officer of Health determines.

every person working in any capacity in the hostel is in good health and not suffering from any infectious disease listed in Schedule 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966; and

the boarders do not come into contact with a member of hostel staff, or another person on the premises, who is suffering from a disease or condition capable of being passed on to boarders and that is likely to cause them serious harm if passed on to them.

the boarder is present at the hostel; and

no good reason exists to deny that contact or access.

is subject to an order of a court that prohibits contact with, or access to, the boarder (either with respect to the boarder generally, or while the boarder is accommodated at the hostel); or

is subject to a warning under section 4 of the Trespass Act 1980 to stay off the premises; or

is suffering from an infectious disease, or from some other disease, that is contagious and is likely to harm the boarders if passed on to them; or

is, in the opinion of a responsible person, under the influence of alcohol or any other substance to the extent that it is an actual or potential cause or source of harm to the parent or another person or both; or

is, in the opinion of a responsible person, exhibiting behaviour that is or is likely to be disruptive to the hostel’s effective operation.

with these regulations (for example, with the minimum standards for hostel premises and facilities in Part 3, or the code of practice relating to the management of hostels in Part 4), or some or all of the conditions of the hostel’s licence, or both; and

relating to or involving the hostel.

a complaint under this Part and relating to or involving the hostel is, if made orally, put in writing by the owner (as required by regulation 67(3)); and

the complaint is (unless earlier resolved to the complainant’s satisfaction) acknowledged in writing within 5 working days of receipt; and

the complainant is informed of any relevant internal complaints procedures and given a copy of these on request; and

the owner’s response to the complaint is documented; and

the complainant receives a copy of all information held by the owner that is or may be relevant to the complaint; and

the owner decides whether the complaint is justified in accordance with regulation 69.

the complaint is or is not justified; or

additional time is needed to investigate it.

determine how much additional time is needed; and

decide as soon as practicable whether the complaint is justified.

of the fact of, and reasons for, the determination under subclause (2)(a); and

that the owner is required to decide as soon as practicable whether the complaint is justified.

the reasons for the owner’s decision that the complaint is or is not justified; and

any actions the owner proposes to take; and

any procedure the owner has in place to enable consideration of an appeal by the complainant against the owner’s decision on the complaint; and

the role of any relevant external agency that may (depending on the nature of the complaint and resources available at the time) be available to assist the complainant or to investigate the complaint if it is not resolved to the complainant’s satisfaction.

made by way of originating application in accordance with the District Courts Rules 1992; and

filed in the office of the court nearest to the appellant’s place of business, employment, or residence.

the hostel was operating immediately before the commencement of these regulations; and

an application for a licence for the hostel is made before the date that is 1 year after the date on which these regulations come into force.

has failed to do so; or

has submitted within that period an application for a licence that the authority considers does not comply with the requirements of these regulations.

imposed by any other enactments; and

applying to a hostel, the management of a hostel, or a hostel’s facilities, owner, or premises.

with the minimum standards for hostel premises and facilities in Part 3; and

with the code of practice relating to management of hostels in Part 4.