The purpose of these regulations is, in accordance with section 144B of the Act, to help ensure the safety of students who board at hostels.

In these regulations, unless the context otherwise requires,—

(1) These regulations relate to a hostel if, and only if,—

• (a) 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

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

(2) However, these regulations do not relate to a hostel being used, for a period of up to 3 months, or for a longer period approved by the authority, mainly or solely for the accommodation of students (whether under a plan required by regulation 48(b) or not) because of an emergency.

(1) A notice required by these regulations to be given to a person (for example, the authority) is sufficiently given if it is—

• (a) delivered personally to the person; or

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

• (c) sent by fax or email to the person’s fax number or email address; or

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

(2) If a notice is, in accordance with subclause (1)(c), given by sending it to a fax number or to an email address, the notice is given at the time it is received by the relevant fax or email system.

(3) If a notice is, in accordance with subclause (1)(d), given by sending it by mail to a postal address, the notice is given on the earlier of—

• (a) the fifth working day after the day on which it is sent by mail; and

• (b) the day on which it is received.

No student may board at an unlicensed hostel.

No boarding bursary, and no government subsidy relating to the cost of boarding at a hostel, may be paid in respect of a student boarding at an unlicensed hostel.

(1) An application for a licence for a hostel must be made—

• (a) by or on behalf of the hostel’s owner; and

• (b) on a form provided for the purpose by the authority.

(2) The application must be lodged with the authority.

An application for a licence for a hostel must include or be accompanied by—

• (a) 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

• (b) 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.

(1) An application for a licence for a hostel must include or be accompanied by detailed information explaining the general nature of the hostel’s operations and the maximum number, age range, sex, and any special needs of students who are to be accommodated at the hostel.

(2) The detailed information referred to in subclause (1) must also explain how and why the owner considers that—

• (a) the hostel’s premises and facilities—

  • (i) are suitable for use as those of a hostel; and

  • (ii) comply with the minimum standards for hostel premises and facilities in Part 3; and

• (b) the management of the hostel complies with Part 4; and

• (c) 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.

(3) Despite subclause (2)(c), if the applicant is a board, the board is not required to include in the information provided under subclause (1) the explanation referred to in subclause (2)(c).

In determining under regulation 15 whether to grant or renew a licence, the authority—

• (a) 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

• (b) 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.

The matters referred to in regulation 11(2)(c) (and in regulations 15(1)(c) and 27(2)) are as follows:

• (a) 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

• (b) 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

• (c) 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

• (ca) any property order made under the Protection of Personal and Property Rights Act 1988; and

• (cb) any personal order made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person's—

  • (i) competence to manage his or her own affairs in relation to his or her property; or

  • (ii) capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; and

• (d) 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.

An application for a licence, or for renewal of a licence, for a hostel, and every written notice required by regulation 27, must be accompanied by a statutory declaration made by the person completing the application form, or the notice, and declaring—

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

• (b) 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

• (c) 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.

(1) The authority may, on an application for the purpose, grant or renew a licence for a hostel if satisfied by information it has received (which may include a review referred to in regulation 12) that—

• (a) the hostel’s premises and facilities—

  • (i) are suitable for use as those of a hostel; and

  • (ii) comply with the minimum standards for hostel premises and facilities in Part 3; and

• (b) the management of the hostel complies with Part 4; and

• (c) 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

• (d) any relevant fee under regulation 42 has been paid.

(1A) Despite subclause (1)(c), if the applicant is a board, the authority is not required to be satisfied that the board is a fit and proper person to hold a licence.

(2) Renewal of a licence may be with or without amendments (for example, an amendment to the maximum permitted number of boarders in the standard condition in regulation 22).

(3) A licence granted or renewed under this regulation is subject to—

• (a) the standard condition in regulation 22; and

• (b) any special conditions imposed under regulation 23.

(4) Unless earlier cancelled or renewed, the licence (whether granted or renewed) expires,—

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

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

(5) After determining an application for a licence or for renewal of a licence, the authority must ensure that the owner or, as the case requires, the licensee, is given prompt written notice of—

• (a) the authority’s decision to grant or to decline the application; and

• (b) the authority’s reasons for that decision.

(1) If the application referred to in regulation 15(1) is made in respect of different premises, the authority must determine whether they are premises of the hostel for which a licence or renewed licence is sought, or whether any or all of them are premises of another hostel.

(2) In making the determination required by subclause (1), the authority must take into account the proximity of the land and buildings concerned, and any relevant sharing of facilities, management, operational funding, and staff.

An application for renewal of a licence must—

• (a) be made by or on behalf of the licensee; and

• (b) be made on a form provided for the purpose by the authority; and

• (c) include or be accompanied by all other supporting information required by that form; and

• (d) 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.

On an application for the purpose before the deadline in regulation 17(d), the authority may, if it thinks fit, permit an application for renewal of a licence to be lodged with it—

• (a) after the deadline in regulation 17(d); but

• (b) 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.

The licensee of a licensed hostel must apply under regulation 17 to the authority for renewal of the hostel’s licence under regulation 15 (with amendments, if appropriate) if the licensee wants to make a change to the hostel’s premises or operations (for example, a substantial alteration to the hostel’s buildings, or a change from being a boys’ hostel to being a girls’ hostel or a co-educational hostel) that would—

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

• (b) 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.

If the owner of a licensed hostel is to change, the licensee must apply under regulation 17 to the authority for renewal (with amendments) of the hostel’s licence under regulation 15 in order to transfer the licence, from the time of the change, to the hostel’s new owner.

(1) Every licence relates only to the licensee named in it and to the premises of the hostel for which it was granted or renewed.

(2) Every licence must state—

• (a) the licensee’s full name; and

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

• (c) the date on which it was granted or renewed; and

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

• (e) the standard condition in regulation 22; and

• (f) any special conditions imposed under regulation 23.

(3) Licences may state or include any other information, and may be in any form, the authority determines.

(1) The standard condition (referred to in regulations 15(3)(a) and 21(2)(e)) of a licence is that the hostel must at no time accommodate more than a specified maximum permitted number of boarders.

(2) The authority must determine and specify that maximum number of boarders when granting or renewing the licence.

The special conditions (referred to in regulations 15(3)(b) and 21(2)(f)) of a licence are any special conditions, not inconsistent with the standard condition in regulation 22, that the authority thinks fit to impose on granting or renewing the licence.

Examples of special conditions that the authority may impose under regulation 23 are special conditions—

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

• (b) 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).

(1) The licensee must ensure that the licence is so displayed at the hostel as to be able to be inspected easily by visitors.

(2) The licensee must display next to the licence—

• (a) the full name of each responsible person; and

• (b) a notice that complies with subclause (3).

(3) A notice complies with this subclause if the notice—

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

  • (i) with these regulations, or some or all of the conditions of the licence, or both; and

  • (ii) relating to or involving the hostel; and

• (b) explains the licensee’s duties under regulation 26.

The licensee must, on a request for the purpose and at times reasonable and convenient to the licensee, make available to a boarder, a boarder’s parent, or a Board, for inspection or copying or both, a copy of these regulations and a copy of the licence.

(1) A licensee that is a body corporate must give the authority prompt written notice of every change, after the granting or the latest renewal of the licence, in the directors, or in the persons concerned in the management, of the body corporate.

(2) The licensee must explain in the notice how and why the owner considers that the owner remains a fit and proper person to hold a licence, taking into account all relevant matters (for example, those in regulation 13) in relation to every new director, and every new person concerned in the management, of the body corporate.

(3) The licensee must include in the notice the declaration required by regulation 14.

(4) Despite subclause (1), a licensee that is a board is not required to comply with this regulation.

The authority may, by written notice specifying the relevant non-compliance, give a licensee of a licensed hostel a formal direction to eliminate that specified non-compliance if satisfied that any or all of the following apply:

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

• (b) the hostel does not comply with a condition subject to which the licence was granted:

• (c) the management of the hostel does not comply with Part 4:

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

(1) A formal direction under regulation 28 must also specify—

• (a) the deadline by which the specified non-compliance must be eliminated; and

• (b) 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.

(2) The deadline must be one that the authority considers reasonable in the circumstances, but must be no later than—

• (a) 12 months after the day on which the licensee was given the direction; and

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

As soon as practicable after being given a formal direction under regulation 28, and until it is revoked under regulation 31, the licensee of a licensed hostel must ensure that the direction is displayed at the hostel next to the licence and in a way that ensures that the direction can be inspected easily by visitors.

If satisfied that non-compliance specified in a formal direction given to a licensee of a licensed hostel under regulation 28 has been eliminated, the authority must, by written notice to the licensee, revoke the formal direction.

(1) The authority must, by written notice to the licensee, suspend the licence of a licensed hostel if satisfied that—

• (a) 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

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

(2) A suspension under subclause (1) takes effect at the time the notice effecting the suspension is given to the licensee or at any later time specified for the purpose in that notice.

(3) The authority may, by written notice to the licensee, suspend the licence of a licensed hostel if satisfied that—

• (a) 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

• (b) 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

• (c) the hostel is no longer under the licensee’s control.

(4) A suspension under subclause (3) takes effect on the day (which must be at least 21 days after the day on which that notice is given) stated in the notice effecting the suspension.

A notice suspending a licence, under regulation 32, must specify—

• (a) the conditions the licensee must comply with to have the suspension revoked; and

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

When a suspension under regulation 32 takes effect, the licensee must immediately—

• (a) advise the boarders’ parents of the suspension; and

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

• (c) take all reasonably practicable steps to help the boarders find adequate alternative accommodation.

A person must return a licence to the authority if the person has custody of the licence and is aware that it has been suspended under regulation 32.

The authority must revoke the suspension of a licence, and must return it to the licensee (if the authority has custody of it), if—

• (a) the licence is suspended under regulation 32; and

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

• (c) the licence has not expired, and was not cancelled, before that deadline.

(1) The authority may, by written notice to the licensee, cancel the licence of a licensed hostel if satisfied that—

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

• (b) the licensee or the hostel’s owner—

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

  • (ii) 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

  • (iii) has otherwise abused, harassed, or seriously neglected a boarder; or

• (c) boarders were accommodated at the hostel while the licence was suspended under regulation 32; or

• (d) 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

• (e) 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.

(2) A licence cannot be cancelled under subclause (1) unless the authority has—

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

• (b) 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.

(3) The authority must, by written notice to the licensee, cancel the licence of a licensed hostel if requested to do so by the licensee or if satisfied that the hostel has ceased operations and appears unlikely to operate again under the licensee.

(4) A cancellation under this regulation takes effect when the notice effecting the cancellation is given to the licensee or at any later time specified for the purpose in that notice.

The matters referred to in regulation 37(1)(e) are as follows:

• (a) 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

• (b) 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

• (c) any mental illness or serious behavioural problems; and

• (d) 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.

When a cancellation under regulation 37 takes effect, the licensee must immediately—

• (a) advise the boarders’ parents of the cancellation; and

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

• (c) take all reasonably practicable steps to help the boarders find adequate alternative accommodation.

A person must return a licence to the authority if the person has custody of the licence and is aware that it has been cancelled under regulation 37.

(1) The licensee must apply for a replacement licence, and the authority may, after receiving the licensee’s application, grant a replacement licence if satisfied that a licence contains an error or is lost, stolen, defaced, or destroyed.

(2) A replacement licence under this regulation—

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

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

(1) The fees specified in the second column of the Schedule are payable to the authority for the applications for, or renewals of, licences specified opposite those fees in the first column of the Schedule.

(2) Those fees are inclusive of goods and services tax.

(1) This subclause applies to a licensee’s licence if—

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

• (b) the licence was granted or renewed; and

• (c) the licence was then cancelled under regulation 37.

(2) If subclause (1) applies to a licensee’s licence, the authority must pay the licensee promptly the following refund:

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

• (b) 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.

(3) No other refunds are payable under these regulations.

The owner of a hostel must, having regard to the number, age range, and sex of the boarders, provide all spaces, facilities, and equipment that are reasonably necessary for—

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

• (b) quiet activities (for example, study); and

• (c) food preparation; and

• (d) eating; and

• (e) sleeping; and

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

• (g) laundering of clothing; and

• (h) secure storage of the boarders’ personal effects; and

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

The owner of a hostel must ensure that, so far as necessary to ensure boarders’ safety,—

• (a) the hostel’s premises are lit by natural and artificial light; and

• (b) its buildings are heated and ventilated.

The owner of a hostel must ensure that there is in place at the hostel a system for ensuring the hygienic laundering of boarders’ sheets and bath towels, and of other cloths, linen, or towels used in or as part of their bedding or bathing.

The owner of a hostel must take all reasonably practicable steps to ensure that the hostel’s buildings and facilities are—

• (a) kept in good repair; and

• (b) not used in ways that endanger boarders’ safety.

The owner of a hostel must ensure that—

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

• (b) 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

• (c) all hostel staff are trained in fire and earthquake drills, and in other emergency procedures; and

• (d) regular evacuation drills are carried out.

The plan required by regulation 48(b) must include an evacuation scheme that—

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

• (b) satisfies all requirements (if any) imposed by or under the Fire Service Act 1975 for a fire evacuation scheme for the building or buildings concerned.

The owner of a hostel must ensure that the hostel’s premises, and (so far as they are used by or accessible to boarders) its furniture, furnishings, fittings, flooring or other surfaces, equipment, and materials,—

• (a) comply with all applicable New Zealand Standards; and

• (b) are kept safe and hygienic.

Every responsible person, every staff member, and the owner of a hostel must ensure that, so far and as soon as is reasonably practicable, hazards to the boarders’ safety on the premises are corrected, repaired, otherwise removed, or made inaccessible to the boarders.

(1) The owner of a hostel must ensure that—

• (a) 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

• (b) 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.

(2) Nothing in this regulation limits or affects any duty imposed on an employer by regulations made under the Health and Safety in Employment Act 1992 to take all practicable steps to provide first-aid facilities at every place of work under the control of that employer.

(3) Subclause (2) does not limit regulation 73.

The owner of a hostel must ensure that boarders are not accommodated in the hostel at any time when the hostel is an unlicensed hostel.

(1) The owner of a hostel must ensure that the hostel is managed in accordance with written policies, and written operating procedures, maintained by the owner.

(2) The general purpose of the policies and procedures must be to help to ensure that the boarders—

• (a) are supported in a positive learning environment; and

• (b) are given the opportunity to develop positively within reasonable boundaries; and

• (c) feel secure and valued; and

• (d) 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

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

(3) The owner of a hostel must, on a request for the purpose, make a copy of the policies and procedures available for inspection and copying by a member of the hostel’s staff, a boarder, or a parent of a boarder.

(1) The policies required by regulation 54 include a policy on hostel relationships (for example, relationships between the boarders, or between them and staff) and the protection of the boarders from ill-treatment.

(2) The purpose of the policy must be to help to ensure that—

• (a) every boarder is treated with respect and dignity; and

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

• (c) 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

• (d) 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

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

(1) The procedures required by regulation 54 include a procedure for granting the boarders leave of absence from the hostel.

(2) The procedure must specify—

• (a) how the boarders may apply for and be granted leave of absence from the hostel; and

• (b) 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

• (c) 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

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

• (e) 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

• (f) 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.

(1) The owner of a hostel must, at least once every 3 years, review the policies and procedures required by regulation 54.

(2) As part of the review, the owner must take all reasonably practicable steps to consult the boarders and their parents on the terms of the policies and procedures.

(1) This regulation applies to the owner of a hostel who believes on reasonable grounds that a person (whether a member of the hostel’s staff or boarder or not)—

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

• (b) 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

• (c) has otherwise abused, harassed, or seriously neglected a boarder.

(2) The owner must ensure that the person does not, so far as practicable, come into contact with the boarder concerned, and must, so far as practicable, require the person to stay off the hostel premises if the owner regards a requirement of that kind as necessary to ensure no boarder is ill-treated.

(3) The owner must, within 24 hours of forming the belief in subclause (1),—

• (a) 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

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

• (c) give the authority a copy of that notice.

(4) The persons or bodies referred to in subclause (3)(a) are the parents of the boarder concerned, the Department of Child, Youth and Family Services, and the New Zealand Police.

(5) The authority may cancel the licence of a licensed hostel under regulation 37(1)(b) if satisfied that the hostel’s owner has abused, harassed, or seriously neglected a boarder.

The owner of a hostel must ensure that there are created and maintained, for each boarder, records of—

• (a) the boarder’s name, date of birth, and home address or addresses; and

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

• (c) 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

• (d) 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

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

• (f) 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

• (g) 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

• (h) 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,—

  • (i) are entitled to have contact with, or access to, the boarder; or

  • (ii) are forbidden to have contact with, or access to, the boarder, or have an entitlement to have contact with, or access to, the boarder, that is subject to conditions.

The owner of a hostel must ensure that the records required by regulation 59 are—

• (a) created and maintained with an appropriate degree of confidentiality; and

• (b) 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

• (c) available at any reasonable time for inspection and copying by persons appointed under section 144E of the Act as authorised persons for the purpose of exercising the powers (for example, to enter and inspect hostel premises) in section 144D of the Act.

(1) The owner of a hostel must ensure that, at all times while boarders are present at the hostel those boarders, or the staff members who supervise those boarders, are supervised by a responsible person.

(2) The owner of a hostel must ensure that—

• (a) all permanent staff members are adults; and

• (b) all permanent staff members, and all people (other than boarders and their parents) who have regular access to the hostel or have unsupervised contact with boarders, are the subject of rigorous suitability checks (including Police vetting); and

• (c) 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

• (d) there is substantial supervision of ancillary, contract, temporary, or voluntary staff, and others who visit the hostel occasionally and who have not been the subject of a suitability check; and

• (e) staff and boarders are encouraged to maintain positive relationships with each other; and

• (f) security measures are used to prevent unauthorised access to the hostel’s premises.

(2A) Any of the following persons who has regular access to the hostel or has unsupervised contact with boarders must request a Police vet of himself or herself and provide it to the authority:

• (a) if the owner is an individual, the owner:

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

(3) The owner of a hostel must ensure that the hostel is at all times staffed with a ratio of staff to boarders present at the hostel that ensures the safety of those boarders having regard to—

• (a) the number of them and their ages and needs; and

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

• (c) the training and qualifications of the staff or other adults concerned.

(4) People must not be counted as staff for the purposes of subclause (3) if they—

• (a) have no duties beyond administration, cleaning, food preparation and serving, or maintenance; or

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

The owner of a hostel must, while boarders are taken in the care of the hostel on any excursion or activity outside the hostel, ensure that there are enough members of hostel staff or other adults with the boarders taken outside the hostel to ensure the safety of those boarders having regard to—

• (a) the number of them and their ages and needs; and

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

• (c) the training and qualifications of the staff or other adults concerned.

The owner of a hostel must ensure that—

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

• (b) food is, when stored, prepared, and served, free of, and adequately protected against, contamination; and

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

(1) The owner of a hostel must take all reasonably practicable steps to ensure that—

• (a) 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

• (b) 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.

(2) The owner of a hostel must give the Medical Officer of Health or an environmental health officer all information that he or she may request concerning cases of infectious disease and contacts with them.

(3) A responsible person may exclude from a hostel for a reasonable period determined after consultation with a suitably qualified medical practitioner a boarder who is suffering from a disease to which subclause (1) does not apply, or from an ailment, illness, or other condition affecting the boarder’s health.

(4) The owner of a hostel must take all reasonably practicable steps to ensure that—

• (a) 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

• (b) 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.

(1) The owner of a hostel must ensure that the hostel has available an area and facilities suitable for the temporary isolation and care of at least 1 sick boarder.

(2) In the case of an accident to, or a serious illness of, a boarder occurring or noticed at a hostel in circumstances that seem to call for immediate medical aid, a responsible person must, without delay, ensure that all reasonably practicable steps are taken to get medical aid and to notify a parent or other appropriate family member of the boarder.

(3) The owner of a hostel must take all reasonably practicable steps to facilitate access by a boarder, at his or her own expense, to a full range of general health and other support services (including personal counselling) delivered by suitably qualified personnel in a way that protects individual privacy and confidentiality.

(4) The owner of a hostel must take all reasonably practicable steps to ensure that no member of hostel staff present and performing duties at the hostel, and no boarder present at the hostel, uses, or is affected by, alcohol or any other substance to the extent that it is an actual or potential cause or source of harm to the person or another person or both.

(1) The owner of a hostel must ensure that a boarder’s parent can have contact with, or access to, the boarder whenever—

• (a) the boarder is present at the hostel; and

• (b) no good reason exists to deny that contact or access.

(2) Good reason exists under subclause (1) if the parent—

• (a) 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

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

• (c) 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

• (d) 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

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

(1) A boarder, boarder’s parent, or Board may complain to the owner of a hostel about non-compliance—

• (a) 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

• (b) relating to or involving the hostel.

(2) A complaint to an owner may be made in writing or orally.

(3) A complaint made orally must be put in writing by the owner as soon as practicable.

(1) Every owner of a hostel must facilitate the fair, simple, speedy, and efficient resolution of complaints under this Part that relate to or involve the hostel.

(2) In particular, every owner of a hostel must ensure that—

• (a) 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

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

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

• (d) the owner’s response to the complaint is documented; and

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

• (f) the owner decides whether the complaint is justified in accordance with regulation 69.

(1) The owner of a hostel must, within 10 working days of acknowledging a complaint under this Part (as required by regulation 68(2)(b)), decide that—

• (a) the complaint is or is not justified; or

• (b) additional time is needed to investigate it.

(2) After making a decision under subclause (1)(b), the owner must—

• (a) determine how much additional time is needed; and

• (b) decide as soon as practicable whether the complaint is justified.

(3) If the owner determines under subclause (2)(a) that the additional time required to investigate the complaint is more than 20 working days, the owner must inform the complainant as soon as practicable—

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

• (b) that the owner is required to decide as soon as practicable whether the complaint is justified.

(1) As soon as practicable after the owner decides that a complaint under this Part is or is not justified, the owner must inform the complainant of—

• (a) the reasons for the owner’s decision that the complaint is or is not justified; and

• (b) any actions the owner proposes to take; and

• (c) 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

• (d) 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.

(2) Relevant external agencies referred to in subclause (1)(d) may include the authority, the Chief Review Officer (if the complaint relates to the provision of a safe physical and emotional environment that supports learning for students accommodated in the hostel), the Children’s Commissioner, the Department of Child, Youth and Family Services, and the New Zealand Police.

(1) A person affected by a decision or direction of the authority under these regulations may, within 14 days after getting notice of the decision or direction, or within any further time the court allows, appeal against the decision or direction to a District Court with civil jurisdiction.

(2) An appeal under this regulation must be—

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

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

(3) For the purposes of hearing and determining the appeal, the court has all the powers vested in it in its civil jurisdiction, and may make any order it thinks fit.

(4) A decision or direction appealed against cannot be enforced within the appeal period or before the court has reached a decision confirming or amending the decision or direction.

(1) A hostel is deemed to be a licensed hostel that complies with these regulations, and its owner is deemed to be the hostel’s licensee, until its owner is given written notice of the authority’s decision to grant or decline the application for a licence for the hostel, if—

• (a) the hostel was operating immediately before the commencement of these regulations; and

• (b) 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.

(2) However, subclause (1) does not apply to a hostel if its owner has been required by the authority, by written notice given to the owner, to apply for a licence within a 3-month period specified in the notice, but—

• (a) has failed to do so; or

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

(3) Despite subclause (1), regulations 32 to 40 (suspension and cancellation of licences) apply to the owner of a hostel deemed by subclause (1) to be the hostel’s licensee as if the owner was the holder of a licence for the hostel and as if those regulations did not require that licence to be returned to the authority or to the licensee.

These regulations do not limit or affect requirements—

• (a) imposed by any other enactments; and

• (b) applying to a hostel, the management of a hostel, or a hostel’s facilities, owner, or premises.

(1) A licensee of a licensed hostel must ensure compliance with every condition of the licence.

(2) A licensee commits an offence if the licensee contravenes subclause (1) at any time when boarders are accommodated in the hostel.

(3) The offence is punishable on conviction by a fine not exceeding $10,000.

(1) The owner of a hostel must ensure compliance—

• (a) with the minimum standards for hostel premises and facilities in Part 3; and

• (b) with the code of practice relating to management of hostels in Part 4.

(2) An owner commits an offence if the owner contravenes subclause (1)(a) or (b) at any time when boarders are accommodated in the hostel.

(3) The offence is punishable on conviction by a fine not exceeding $10,000.