New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 1 April 2008
| Public Act | 1992 No 76 |
| Date of assent | 18 August 1992 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Housing.
4 Principal objective of company [Repealed]
5 Responsibility of Ministers [Repealed]
6 Directors and their role [Repealed]
8 Collective agreements [Repealed]
9 Acquisition by the Crown of shares in company [Repealed]
10 Application of Companies Act 1955 [Repealed]
11 Shareholding Ministers may subscribe for additional shares and equity bonds in company [Repealed]
12 Equity bonds [Repealed]
13 Provisions relating to Ministers' shareholding [Repealed]
15 Statement of corporate intent [Repealed]
16 Annual report, accounts, and dividend [Repealed]
17 Half-yearly reports [Repealed]
19 Other information [Repealed]
Part 4
Vesting of state housing assets and liabilities and corporation assets and liabilities in company
22 Agreements in relation to vesting of State housing assets and liabilities and Corporation assets and liabilities
24 Vesting of State housing assets and liabilities and Corporation assets and liabilities in company
31 Orders in Council relating to vesting of State housing assets and liabilities and Corporation assets and liabilities
Calculating income-related rents
Assessable assets, and deprivation of income or property
Estimating weekly income, and regulations for purposes of calculation mechanism
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
Paragraph (c) of the title was amended, as from 1 July 2006, by section 4 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by adding the words “, income-related rents, information matching, and other tenancy matters”
.
BE IT ENACTED by the Parliament of New Zealand as follows:
(1) This Act may be cited as the Housing Restructuring and Tenancy Matters Act 1992.
(2) Except as provided in subsections (3) and (4) of this section, this Act shall come into force on the date on which it receives the Royal assent.
(3) Section 38 of this Act shall be deemed to have come into force on the 31st day of March 1989.
(4) Section 41 of this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
Subsection (1) was amended, as from 1 July 2006, by section 5(2) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting the words “and Tenancy Matters”
after the word “Restructuring”
.
(1) In this Act, unless the context otherwise requires,—
Agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law
Board means the board of directors of the company
company,—
(a) before the day on which the order under section 53 of the Housing Corporation Act 1974 relating to it comes into force, means the company the shares in which—
(i) on 30 June 2001 were owned by the responsible Minister (as that term was then defined by this section) and the Minister of Finance, having been acquired under the former section 9; and
(ii) on 1 July 2001 vested in the Corporation under section 52(1) of the Housing Corporation Act 1974; but
(b) on and after that day, must be read as a reference to the Corporation as that company's successor.
Company: this definition was substituted, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37).
Corporation means the Housing New Zealand Corporation established under section 3 of the Housing Corporation Act 1974
Corporation: this definition was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37), by substituting the words “New Zealand Corporation”
for the words “Corporation of New Zealand”
.
Corporation assets means any real or personal property of any kind belonging to the Corporation, whether or not subject to rights; and, without limiting the generality of the foregoing, includes—
(a) Any estate or interest in any land belonging to the Corporation, including all rights of occupation of land or buildings:
(b) All buildings, vehicles, plant, equipment, and machinery belonging to the Corporation, and any rights therein:
(c) All securities within the meaning of the Securities Act 1978 belonging to the Corporation:
(d) All rights of any kind belonging to the Corporation, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights:
(e) All patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights whether enforceable by Act or rule of law belonging to the Corporation:
(f) Goodwill and any business undertaking of the Corporation:
Corporation liabilities means liabilities of the Corporation
District Land Registrar means a District Land Registrar appointed under the Land Transfer Act 1952; and includes a Registrar of Deeds
Liabilities includes—
(a) Liabilities and obligations under any Act or agreement; and
(b) Deposits and other debt securities within the meaning of the Securities Act 1978; and
(c) Contingent liabilities:
Responsible Minister
[Repealed]
Responsible Minister: this definition was repealed, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37).
Rights includes powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective
Rules means the memorandum of association and articles of association of the company
Security means a mortgage, submortgage, charge (whether legal or equitable), bond, stock, debenture, bill of exchange, promissory note, guarantee, indemnity, defeasance, hypothecation, instrument by way of security, lien, pledge, or other security for the payment of money or for the discharge of any other obligation or liability, and in any case whether upon demand or otherwise, whether present or future and whether actual or contingent, and includes an acknowledgment of debt (whether or not otherwise secured) and an agreement or undertaking to give or execute whether upon demand or otherwise any of the foregoing
Shareholding Ministers
[Repealed]
Shareholding Ministers: this definition was repealed, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37).
Sitting day means a sitting day of the House of Representatives
State housing assets means State housing land within the meaning of section 2(1) of the Housing Act 1955; and includes—
(a) All buildings, vehicles, plant, equipment, machinery, and chattels belonging to the Crown and relating to State housing land (as so defined) and any rights therein:
(b) All rights of the Crown of any kind relating to State housing land (as so defined) including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights; and
(c) All securities belonging to the Crown and relating to State housing land (as so defined):
State housing liabilities means all liabilities of the Crown relating to State housing land within the meaning of section 2(1) of the Housing Act 1955
Statement of corporate intent means the current statement of corporate intent for the company prepared pursuant to section 15 of this Act
Subsidiary has the same meaning as in section 158 of the Companies Act 1955.
(2) In this Act, a reference to transfer, authorise, or grant includes entering into an agreement to transfer, authorise, or grant, as the case may be.
(3) References in this Act to State housing land within the meaning of subsection (1) of section 2 of the Housing Act 1955 shall be construed as references to State housing land within the meaning of that subsection and nothing in subsection (2) of that section shall apply.
This Act binds the Crown.
[Repealed]
Sections 4 to 6 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 4 to 6 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
The Crown may, from time to time, require the company to enter into agreements for the provision by the company of housing and related services to any persons in return for the payment by the Crown of the whole or part of the price thereof and, in any such case, the company shall enter into such agreements with the Crown.
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Subsection (2)(d) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “Income Tax act 1994”
for the words “Income Tax Act 1976”
.
Subsection (2)(d)(ii) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section CF 2(1) of the Income Tax Act 1994”
for the words “section 4(1) of the Income Tax Act 1976”
.
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
[Repealed]
Sections 8 to 21 were repealed, as from 1 July 2001, by section 25(1)(c) Housing Corporation Amendment Act 2001 (2001 No 37).
(1) Notwithstanding any Act, rule of law, or agreement, the shareholding Ministers may, from time to time, do any one or more of the following:
(a) Enter into an agreement with the company on such terms and conditions as the shareholding Ministers and the company think fit that identifies the State housing assets or liabilities or Corporation assets or liabilities that the shareholding Ministers and the company agree should be vested in the company and that states the consideration for such vesting:
(b) Authorise the company to act on behalf of the Crown or the Corporation in providing housing services or in managing State housing assets or liabilities or Corporation assets or liabilities:
(c) Grant to the company leases, licences, easements, permits, or rights of any kind in respect of State housing assets or liabilities or Corporation assets or liabilities.
(2) Any agreement entered into under subsection (1) of this section may apply to State housing assets or liabilities or Corporation assets or liabilities separately or as a group or class and, for the purposes of this subsection, a class of State housing assets or liabilities or Corporation assets or liabilities may comprise—
(a) All or any State housing assets or liabilities or Corporation assets or liabilities:
(b) All or any State housing assets or liabilities or Corporation assets or liabilities other than State housing assets or liabilities or Corporation assets or liabilities identified separately or as a group or class.
(3) The responsible Minister shall lay before the House of Representatives any contract or other document entered into pursuant to subsection (1) of this section within 12 sitting days after the date of that contract or document.
The shareholding Ministers and the company may agree pursuant to section 22 of this Act that any State housing assets or Corporation assets that are fixed to, or are under or over, any land may be vested in the company whether or not the land is also vested in the company and, in any such case, for the purposes of this Part of this Act, the assets and the land shall be regarded as separate assets each capable of separate ownership.
(1) The Governor-General may from time to time, by Order in Council, appoint a date on which, by virtue of this Act, State housing assets or liabilities and Corporation assets or liabilities referred to in any agreement entered into between the shareholding Ministers and the company, being an agreement specified in the order, shall vest in the company.
(2) The vesting of State housing assets and liabilities and Corporation assets and liabilities pursuant to this Part of this Act shall take effect notwithstanding any enactment or rule of law or agreement and, in particular, but without limitation, the vesting shall take effect notwithstanding any provision contained in the Land Act 1948, the Reserves Act 1977, the Public Works Act 1981, the Resource Management Act 1991, or any other enactment relating to land.
(3) Every Order in Council under this section shall be deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989.
(1) Nothing in this Part of this Act—
(a) Shall be regarded as placing the Crown, the company, the Corporation, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) Shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
(c) Shall be regarded as placing the Crown, the company, the Corporation, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
(d) Shall release any surety from any obligation; or
(e) Shall invalidate or discharge any contract or security.
(2) District Land Registrars and other persons charged with the keeping of books or registers are hereby authorised to make such entries in their respective books or registers and do everything necessary to give effect to the vesting of any State housing assets or liabilities and Corporation assets or liabilities in the company under this Part of this Act.
(3) A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate, or described in any document on which the certificate appears, is land vested in the company pursuant to this Part of this Act shall be sufficient evidence, in the absence of proof to the contrary, that the land was so vested.
(4) Where State housing assets or liabilities or Corporation assets or liabilities vest in the company pursuant to this Part of this Act,—
(a) The publication under the Acts and Regulations Publication Act 1989 of any Order in Council made under section 24 of this Act relating to those State housing assets or liabilities or Corporation assets or liabilities shall be deemed to be notice of the vesting and any third party shall, after the date of such publication, deal with the company in place of the Crown or the Corporation, as the case may be:
(b) The Crown or the Corporation, as the case may be, shall remain liable to any third party as if the asset or liability had not been vested but shall be indemnified by the company in respect of any liability to any third party:
(c) Any satisfaction or performance by the company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown or the Corporation, as the case may be:
(d) Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the company shall be deemed to be also to the benefit of the Crown or the Corporation, as the case may be.
(1) Where—
(a) Rights or obligations to provide goods or services to third parties are vested in the company pursuant to this Part of this Act; and
(b) Those goods or services have previously been provided by the Crown or the Corporation, as the case may be, on terms and conditions wholly or partly prescribed by any Act; and
(c) The Governor-General has, by Order in Council, declared that this subsection shall apply in respect of those goods or services,—
the goods or services shall, to the extent that those terms and conditions are not already contained in contracts between the Crown or the Corporation, as the case may be, and third parties, from the date of vesting be deemed to be provided pursuant to contracts between the company and the third parties (whether or not the Act is repealed).
(2) Each such contract shall be deemed to include such of the terms and conditions contained in that Act (with all necessary modifications) as are specified in the Order in Council.
(3) Where any land that is subject to any lease, licence, permit, or right, created on terms and conditions wholly or partly set out in any Act has been vested in the company pursuant to this Part of this Act, the Governor-General may, by Order in Council, declare that such of the provisions of that Act as are specified in the order shall continue to apply in relation to the land and such lease, licence, permit, or right.
(4) Where an Order in Council is made under subsection (3) of this section, the provisions of the Act referred to in the order shall, with all necessary modifications, continue to apply in relation to the land and the terms or conditions of the lease, licence, permit, or right subject to any agreement to—
(a) Amend or revoke any such term or condition; or
(b) Revoke any such term or condition and substitute another term or condition for it—
made between the owner for the time being of the land and the holder for the time being of the lease, licence, permit, or right.
Compare: 1986 No 124 s 23(7), (8), (8A); 1992 No 27 s 4
(1) Notwithstanding any other provision of this Act, no land that is subject to a lease or licence pursuant to section 66 or section 66AA of the Land Act 1948 shall be vested in the company pursuant to this Part of this Act.
(2) Notwithstanding any other provision of this Act, no land for the time being administered by the Department of Conservation under the Conservation Act 1987 or under any enactment specified in Schedule 1 to that Act shall be vested in the company pursuant to this Part of this Act.
(3) All land that is subject to the Housing Act 1955 and that is vested in the company pursuant to this Part of this Act shall cease to be subject to that Act from the date of that vesting unless otherwise expressly provided by this Act or any other Act.
(4) Nothing in sections 40 to 42 of the Public Works Act 1981 shall apply to the vesting of land in the company pursuant to this Part of this Act.
(5) Nothing in this Part of this Act or in any vesting of land in the company pursuant to this Part of this Act shall derogate from the provisions of section 10 or section 11 of the Crown Minerals Act 1991.
Compare: 1986 No 124 s 24(2)-(5); 1987 No 117 s 7(1), (2); 1990 No 31 s 37; 1991 No 70 s 121
(1) A District Land Registrar shall, on written application by any person authorised by either of the shareholding Ministers and on payment of the prescribed fee,—
(a) Register the company as the proprietor, in substitution for the Crown, of the estate or the interest of the Crown in land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the company pursuant to this Part of this Act; and
(b) Register the company as the proprietor, in substitution for the Corporation, of the estate or the interest of the Corporation in land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the company pursuant to this Part of this Act; and
(c) Make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
(2) The powers conferred by subsection (1) of this section may be exercised in respect of any estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or been determined.
(3) A District Land Registrar shall, on written application by any person authorised by either of the shareholding Ministers, and on payment of the prescribed fee, issue a certificate of title for land, other than land that is registered under the Land Transfer Act 1952, that is vested in the company pursuant to this Part of this Act in Form No 1 of Schedule 1 to the Land Transfer Act 1952, amended as appropriate.
(4) A District Land Registrar shall, on written application by a person authorised by either of the shareholding Ministers and on payment of the prescribed fee, issue a certificate of title for land that is subject to the Land Transfer Act 1952 but for which no certificate of title has been issued and that is vested in the company pursuant to this Part of this Act in Form No 2 in Schedule 1 to the Land Transfer Act 1952, amended as appropriate.
(5) Every application under subsection (1) or subsection (3) or subsection (4) of this section shall—
(a) State that the land has been vested in the company under this Part of this Act; and
(b) Contain a description of the land that is sufficient to identify it; and
(c) In the case of an application under subsection (3) of this section, be accompanied by a certificate by the Chief Surveyor for the district concerned as to the correctness of the description.
(6) Where land is vested in the company pursuant to this Part of this Act and at any time before the 1st day of October 1991 (being the date of the coming into force of Part 10 of the Resource Management Act 1991), in relation to a proposed subdivision of the land, either the Crown or the Corporation held an approval under the Local Government Act 1974 (being an approval that expired before that date) or no approval under that Act or any other Act was required, as the case may be,—
(a) Any person authorised by either of the shareholding Ministers may, notwithstanding the Resource Management Act 1991, lodge for deposit by a District Land Registrar a survey plan in respect of the land and, in any such case, the District Land Registrar shall, notwithstanding that Act but subject to the provisions of any other applicable enactment,—
(i) Deposit any such plan; and
(ii) On written application by any such person, issue a certificate of title for any land that is shown as a separate allotment on the plan as so deposited:
(b) A District Land Registrar shall, notwithstanding the Resource Management Act 1991, on written application by a person authorised by either of the shareholding Ministers, issue a certificate of title for any land that is shown as a separate allotment on any survey plan in respect of the land that was deposited before the 1st day of October 1991.
(7) For the purposes of subsection (6) of this section, the expressions allotment, subdivision, and survey plan shall have the same meanings as in the Resource Management Act 1991.
Compare: 1990 No 105 s 9
(1) Before a District Land Registrar issues a certificate of title in respect of any land, other than land that is registered under the Land Transfer Act 1952, that is vested in the company pursuant to this Part of this Act, the District Land Registrar shall either receive under the hand of, or request from, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in a form substantially similar to the form set out in Schedule 2 to the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the District Land Registrar considers appropriate.
(2) A certificate in accordance with subsection (1) of this section shall be filed by the District Land Registrar in the land registry office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in it.
Compare: 1990 No 105 s 10
Subsection (1) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “Director-General within the meaning of section 2 of the Survey Act 1986”
for the words “Director-General of Survey and Land Information”
.
(1) Where land is vested in the company pursuant to this Part of this Act subject to the reservation of or together with any easement, not being an easement previously registered under the Land Transfer Act 1952, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor shall include in the certificate given under section 29(1) of this Act a sufficient description of the easement and particulars as to the rights and powers, terms, covenants, conditions, or restrictions attaching thereto.
(2) The District Land Registrar shall enter a memorial of the easement upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement.
(3) Where a memorial of an easement is entered upon the relevant certificate of title under subsection (2) of this section, the easement shall be treated for all purposes including all subsequent dealings as if it had been created under the Land Transfer Act 1952.
Compare: 1986 No 124 s 26A; 1992 No 27 s 6
Subsection (1) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “Director-General within the meaning of section 2 of the Survey Act 1986”
for the words “Director-General of Survey and Land Information”
.
For the purpose of facilitating the vesting of State housing assets or liabilities and Corporation assets or liabilities in the company pursuant to this Part of this Act, the Governor-General may, from time to time, by Order in Council, do any one or more of the following:
(a) Declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown or to the Corporation or an officer or employee of the Corporation, as the case may be, in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to the company:
(b) Declare that the company shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown or of the Corporation or an officer or employee of the Corporation, as the case may be, in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that have been vested in the company pursuant to this Part of this Act:
(c) Declare, in respect of any State housing assets or liabilities or Corporation assets or liabilities vested in the company pursuant to this Part of this Act, that the company shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown or the Corporation, as the case may be, to the company:
(d) Declare that any Order in Council made under this section shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person:
(e) Direct any authority or other person to register or record any such vesting or declaration.
Compare: 1986 No 124 s 28; 1991 No 69 s 362
(1) Any document, matter, or thing, which if this Act had not been passed would have been admissible in evidence in respect of any matter relating to State housing assets or liabilities or Corporation assets or liabilities vested in the company pursuant to this Part of this Act for or against the Crown or the Corporation, as the case may be, shall, on and after the date on which those assets or liabilities vest in the company, be admissible in evidence in respect of the same matter for or against the company.
(2) In this section document has the same meaning as in section 2(1) of the Evidence Amendment Act (No 2) 1980.
(1) The Housing Act 1955 shall have effect in respect of State housing land within the meaning of section 2(1) of the Housing Act 1955 vested in the company pursuant to this Part of this Act where at the date of vesting there is a lease, licence, permit, agreement, or tenancy in respect of that land to which all or any of the following provisions of the Housing Act 1955 (or any corresponding provisions of any former Housing Act, as the case may be) apply, and those provisions shall continue to apply to that lease, licence, permit, agreement, or tenancy (and any renewal thereof pursuant to a right expressly conferred thereby or by any Act) as if the land were still State housing land subject to the Housing Act 1955 and every reference in those provisions to the Minister of Housing or the Corporation included a reference to the company:
(a) Section 17 (which relates to the issue of licences to occupy):
(b) Section 18 (which relates to the registration of agreements for sale and licences to occupy):
(c) Section 22 (which relates to the acceptance of money after the rescission of an agreement for sale):
(d) Section 23 (which relates to the recovery of possession of land):
(e) Section 37 (which relates to the registration of dealings with agreements registered under section 18 of the Housing Act 1955).
(2) Without limiting subsection (1) of this section, section 18 of the Housing Act 1955 shall apply in relation to every licence to occupy land that is issued by the company under section 17 of that Act as applied by subsection (1) of this section.
(3) Without limiting the powers of the company, the provisions of sections 25 to 30 of the Housing Act 1955 shall continue to apply in relation to State housing land within the meaning of section 2(1) of the Housing Act 1955 that has been vested in the company pursuant to this Part of this Act, whether or not the land remains vested in the company, as if the land continued to be State housing land subject to that Act and as if the references to the Crown and to the Corporation included a reference to the company.
(4) Section 36(5) of the Housing Act 1955 shall continue to apply in relation to State housing land within the meaning of section 2(1) of the Housing Act 1955 vested in the company pursuant to this Part of this Act as if the land continued to be State housing land and as if the references to the Minister of Housing and the Corporation included a reference to the company.
(5) Section 3 of the Housing Amendment Act 1956 shall have effect as if—
(a) The references to the Corporation and the Minister of Housing included references to the company; and
(b) The reference in subsection (2) to State housing land included a reference to land vested in the company pursuant to this Part of this Act.
Where, before the vesting of any land in the company pursuant to this Part of this Act, any negotiations or action had been commenced by the Crown or the Corporation in respect of the taking or acquisition or setting apart of the land under the Public Works Act 1981, the taking or acquisition or setting apart may be continued and concluded as if the land were required for a public work.
(1) The Governor-General may, from time to time, by Order in Council, vest in the Crown, on a date specified in the order, any assets or liabilities specified in the order, being assets or liabilities that were State housing assets or liabilities vested in the company pursuant to this Part of this Act and that the shareholding Ministers and the company agree should be vested in the Crown.
(2) Where, pursuant to an Order in Council under subsection (1) of this section, assets or liabilities vest in the Crown,—
(a) The provisions of sections 24(2) and 25 of this Act shall apply, with such modifications as may be necessary:
(b) The company shall remain liable to any third party in respect of any liability in relation to the assets or liabilities incurred on or after the vesting of the assets or liabilities in the company under this Part of this Act but shall be indemnified by the Crown in respect of that liability to that third party:
(c) Any satisfaction or performance by the Crown in relation to the assets or liabilities shall be deemed to be also satisfaction or performance by the company:
(d) Any satisfaction or performance in respect of the assets or liabilities by any third party to the benefit of the Crown shall be deemed to be also to the benefit of the company.
(3) Where land taken or acquired by the Crown under the Public Works Act 1981 before it was vested in the company pursuant to this Part of this Act is vested in the Crown pursuant to an Order in Council under this section, the provisions of that Act shall apply to the land as if the land continued to be land taken or acquired under that Act.
(1) A District Land Registrar shall, on written application by any person authorised by either of the shareholding Ministers and on payment of the prescribed fee,—
(a) Register the Crown as the proprietor, in substitution for the company, of the estate or interest of the company in any land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the Crown pursuant to an Order in Council made under section 35 of this Act; and
(b) Make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
(2) Every application under this section shall—
(a) State that the land has been vested in the Crown under section 35 of this Act; and
(b) Contain a description of the land that is sufficient to identify it.
Where land is vested in the Crown pursuant to an Order in Council made under section 35 of this Act, the Housing Act 1955 shall apply in relation to the land in the same way as it applied before it was vested in the company.
Section 34(1) of the Housing Act 1955 is hereby amended by omitting the expression “31st day of March”
, and substituting the expression “30th day of June”
.
The Maori Housing Act 1935 is hereby amended by repealing section 10 (as amended by section 9(1) of the Ministry of Maori Development Act 1991), and substituting the following section:
“10 Rate of interest on advances
The rate of interest to be charged on advances made under this Act shall be such rate as the chief executive determines, but not in excess of the rate fixed under section 25 of the Housing Corporation Act 1974 in respect of similar loans made by the Housing Corporation of New Zealand.”
(1) For the purposes of the Government Superannuation Fund Act 1956, a person who, at any time within 9 months after the prescribed date, became or becomes an employee of a specified company and who, immediately before becoming such an employee, was an officer or employee of the Corporation and was a contributor to the Government Superannuation Fund under that Act shall, so long as that person was or continues to be employed by that company, be deemed to have been or to be employed in the Government service and that Act shall be deemed to have applied or to apply, as the case may be, to that person as if service with the company were Government service.
(2) Subject to the Government Superannuation Fund Act 1956, nothing in subsection (1) of this section shall entitle any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.
(3) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (1) of this section, to a person who is in the service of the company and is a contributor to the Government Superannuation Fund the term controlling authority, in relation to that person, means the chief executive of the company.
(4) In this section—
(a) Prescribed date means a date (whether or not it is a date that is earlier than the date on which this Act comes into force) declared by the responsible Minister by notice in the Gazette to be the prescribed date for the purposes of this section:
(b) Specified company means a company declared by the responsible Minister by notice in the Gazette to be a specified company for the purposes of this section.
The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.
Section 41 was amended by section YB 1 Income Tax Act 1994 (1994 No 164) by inserting the words “Subject to section YB 2 of the Income Tax Act 1994,”
.
Section 41 was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the word “The”
for the words “Subject to section YB 2 of the Income Tax Act 1994, the”
.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) In this Part and Schedules 2 and 3, unless the context otherwise requires,—
additional resident, in relation to any HNZ housing, means a person who—
(a) is aged 16 years or over; and
(b) is financially independent (within the meaning of section 3(1) of the Social Security Act 1964); and
(c) resides or is to reside in the housing; but
(d) is not an applicable person
applicable person, in relation to any HNZ housing,—
(a) means every person to whom the housing is or is to be let; and
(b) includes every person who is the spouse or partner of such a person
applicable person: paragraph (b) of this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “spouse or partner”
for the word “partner”
.
appointed day means the day appointed under section 2(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 for the commencement of subsections (1), (2), and (4) to (7) of section 7 of that Act
assessable assets has the meaning given to that term by the calculation mechanism
assessable income has the meaning given to that term by section 47
calculate includes ascertain
calculation mechanism,—
contributions, in relation to an additional resident of any HNZ housing, means all payments made by the resident, and the value of all goods or services provided or paid for by the resident,—
(a) as a contribution towards the costs and expenses incurred by the applicable persons in residing there; or
(b) in consideration of goods or services provided by the applicable persons while the resident is residing there; or
(c) in consideration of the resident's being allowed to reside there; or
(d) for 2 or all of those reasons
HNZ housing means premises (whether owned by the Crown, the company, or any other person) let or to be let by or on behalf of the company for occupation by any person as a place of residence
income-related purpose has the same meaning as in section 3(1) of the Social Security Act 1964
income-related rent, in relation to a tenant, means a rent calculated for the tenant under the calculation mechanism, or under Schedule 3
market rent, in relation to any HNZ housing, means the rent for the time being determined by the company (or the Tenancy Tribunal under the Residential Tenancies Act 1986) as the market rent for that housing
partner, in the phrase spouse or partner and in related contexts, means, in relation to any person (A), a person—
(a) who is A's civil union partner or de facto partner; and
(b) who is not, in the company's opinion, living apart from A.
partner: this definition was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
prescribed, in any provision of this Part, means for the time being—
(a) prescribed by the calculation mechanism for the purposes of the provision; or
(b) calculated under a means prescribed by the calculation mechanism for the purposes of the provision
prospective tenant means a person—
(a) who—
(i) is not a person to whom any HNZ housing is let or to be let; and
(ii) has applied to the company (alone or together with some other person or people) to become a tenant of HNZ housing and has not yet had the application accepted or declined, or withdrawn it; or
(b) who—
(i) is already a person to whom HNZ housing is let or to be let; but
(ii) has applied to the company (alone or together with some other person or people) to become a tenant of some other HNZ housing and has not yet had the application accepted or declined, or withdrawn it
rent period, in relation to any HNZ housing, means a period in respect of which the tenant is required by the tenancy agreement to pay rent for it
standard tax means the amount of tax reckoned on a weekly basis that would be deductible in accordance with tax code “M”
specified in section 24B of the Tax Administration Act 1994
study grant means a basic grant or independent circumstances grant under regulations under section 303 of the Education Act 1989 (or an allowance, award, bursary, grant, or scholarship that the company considers to have been established under that section in place of a basic grant or independent circumstances grant)
tenant,—
(a) in relation to HNZ housing in general,—
(i) means any person or people to whom any HNZ housing is let or to be let; and
(ii) includes a prospective tenant; and
(b) in relation to any particular HNZ housing, means the person or people to whom it is let or to be let.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
standard tax: this definition was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Section 42(1) standard tax: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
standard tax: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
(1) This subsection applies to HNZ housing and a tenant if—
(a) the tenant has applied to the company for it to calculate an income-related rent for the housing; and
(b) the company is satisfied that—
(i) it has had all information reasonably needed to calculate such a rent for the housing for long enough to be able to do so; and
(ii) the information is accurate.
(2) If subsection (1) applies to any HNZ housing and a tenant, the rent for the housing on or after the appointed day must be the income-related rent for the time being calculated for the tenant.
(3) If subsection (1) does not apply to any HNZ housing and a tenant, the rent for the housing on or after the appointed day must be its market rent for the time being.
(4) If satisfied that special circumstances justify its doing so, the company may, in its absolute discretion, set for and accept from a tenant of any HNZ housing a rent lower than the rent otherwise required by subsection (2) or subsection (3) to be paid for the housing by the tenant.
(6) Subsections (2) to (4) are subject to section 45.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The company may treat an application made at any time to it for it to calculate an income-related rent for any HNZ housing as having been made at any earlier time it determines, if satisfied that—
(a) it has all information reasonably needed to calculate an income-related rent for the housing as at the time determined; and
(b) the information is accurate; and
(c) it was unreasonable in all the circumstances to expect the application to have been made earlier.
(2) This subsection applies to an application made to the company for it to calculate an income-related rent for any HNZ housing if,—
(a) at the time it was made, the company—
(i) did not have all information reasonably needed to calculate an income-related rent for the housing; or
(ii) had all information reasonably needed to calculate an income-related rent for the housing, but was not satisfied that it was accurate; and
(b) at some later time the company is satisfied that—
(i) it has all that information; and
(ii) the information is accurate.
(3) The company may treat an application to which subsection (2) applies as if the company had had all information reasonably needed to calculate an income-related rent for the housing concerned at any time it determines between the time the application was made and the later time concerned.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) This subsection applies to an existing tenant of HNZ housing if the company—
(a) is required by section 43 to reduce the rent for the housing; or
(2) The company must, in accordance with section 136 of the Residential Tenancies Act 1986, give a tenant to whom subsection (1) applies written notice of the reduction or increase in rent concerned, stating—
(a) the day on which it takes effect (being a day no earlier than the commencement of the first rent period commencing after the appointed day); and
(3) In the case of an increase in rent, the notice must comply with section 24 of the Residential Tenancies Act 1986.
(4) In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing, whether or not the tenant signs it.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The income-related rent for any HNZ housing (calculated on a weekly basis) is the higher of the following rents:
(a) a rent calculated by reference to household income under subsection (2):
(b) a rent calculated by reference to benefit levels under subsection (3).
(2) A rent calculated by reference to household income is the sum of—
(a) the prescribed proportion of the sum of the assessable incomes of the applicable persons concerned, up to the prescribed threshold (or the threshold prescribed for tenants of a category to which the tenant belongs); and
(b) the prescribed proportion of any amount by which that sum is greater than that threshold; and
(c) if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007, the prescribed proportion of the lesser of—
(i) the total of the amounts that the applicable persons are eligible to receive as family tax credits under that Subpart; and
(ii) a prescribed amount (or an amount calculated by a prescribed means).
(3) A rent calculated by reference to benefit levels is the sum of—
(a) the prescribed proportion of the rate (before abatement) stated in paragraphs (a) to (j) of clause 1 of Schedule 9 of the Social Security Act 1964 that would be appropriate if the tenant were a beneficiary; and
(b) if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007, the prescribed proportion of the lesser of—
(i) the total of the amounts that the applicable persons are eligible to receive as family tax credits under that Subpart; and
(ii) a prescribed amount (or an amount calculated by a prescribed means).
(4) The income-related rent for any HNZ housing must not exceed its market rent for the time being.
(6) [Repealed]
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 46(2)(c): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 46(2)(c): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Subsection (2)(c) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004”
for “Income Tax Act 1994”
.
Section 46(2)(c)(i): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Section 46(3)(b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 46(3)(b): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Subsection (3)(b) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004”
for “Income Tax Act 1994”
.
Section 46(3)(b)(i): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Subsection (6) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and the New Zealand Superannuation Act 2001”
after “Social Welfare (Transitional Provisions) Act 1990”
.
Subsection (6) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting “and Part 6 of the War Pensions Act 1954”
after “Social Welfare (Transitional Provisions) Act 1990”
.
Subsection (6) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001”
for “New Zealand Superannuation Act 2001”
.
Subsection (6) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “de facto partner”
for “partner”
.
Subsection (6) was repealed, as from 1 April 2007, by section 3(1) Relationships (Statutory References) Act 2005 (2005 No 3).
The assessable income of an applicable person is the company's estimate of the person's weekly income from all sources,—
(a) if the company considers that income tax is payable on any part of it, after the deduction of whichever of the following the company thinks fit in the particular case:
(i) any income tax actually paid in respect of or deducted from that part; or
(ii) the company's estimate of the amount of income tax payable in respect of it; and
(b) if the company considers that any premium is payable in respect of any part of it under section 219(1) of the Injury Prevention, Rehabilatation, and Compensation Act 2001, after the deduction of whichever of the following the company thinks fit in the particular case:
(i) any premium actually paid in respect of that part; or
(ii) the company's estimate of the amount of premium payable in respect of it; and
(c) if the company considers that any levy is payable in respect of any part of it under section 219(2) of the Injury Prevention, Rehabilatation, and Compensation Act 2001, after the deduction of whichever of the following the company thinks fit in the particular case:
(i) any levy actually paid in respect of that part; or
(ii) the company's estimate of the amount of levy payable in respect of it.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Paragraph (b) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilatation, and Compensation Act 2001 (2001 No 49), by substituting the words “section 219(1) of the Injury Prevention, Rehabilatation, and Compensation Act 2001”
for the words “section 283(1) of the Accident Insurance Act 1998”
. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Paragraph (c) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilatation, and Compensation Act 2001 (2001 No 49), by substituting the words “section 219(2) of the Injury Prevention, Rehabilatation, and Compensation Act 2001”
for the words “section 283(2) of the Accident Insurance Act 1998”
. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
(1) For the purposes of section 47, a person's weekly income includes—
(a) the appropriate weekly proportion of any periodical payment, whether capital or not, made to the person on a regular basis by any other person for income-related purposes and used by the person for income-related purposes; and
(b) the appropriate weekly proportion of the value of any goods, service, transport, or accommodation (other than accommodation provided by the company) supplied to the person on a regular basis by any other person.
(2) A person's weekly income includes contributions from additional residents to the extent only required by the calculation mechanism.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) For the purposes of section 47, a person's weekly income—
(a) includes any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description:
(b) does not include any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) Assessable assets generate imputed income at a rate of interest for the time being stated by the shareholding Ministers by notice in the Gazette; and, for the purposes of section 47,—
(a) the gross income from any person's assessable assets is the greater of the actual income from those assets and the imputed income they generate; and
(b) the person's weekly income must be estimated accordingly.
(2) In subsection (1), assessable assets has the meaning prescribed.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) If satisfied that—
(a) an applicable person has directly or indirectly deprived himself or herself of any income or property; and
(b) as a consequence of the deprivation, an income-related rent of any HNZ housing in respect of which the person is an applicable person is (or but for this section would be) lower than it would otherwise be,—
the company may treat the person's assessable income as having been increased to the extent the company thinks necessary to reflect the deprivation, or any lesser extent.
(3) In this section,—
income does not include any amount that an applicable person might be considered to derive from any impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998 received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment
property does not include any such impairment lump sum or a lump sum payment of an independence allowance received by an applicable person for the period of 12 months following the receipt of that payment.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Subsection (3) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilatation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
For the purposes of section 47, a person's weekly income is the person's estimated income for the prescribed period commencing on the day on which the estimation is made (or in the case of an application backdated under section 44 or a review under section 57 or action taken under section 58(4), the day from which the estimation is made), divided so as to equate to a weekly amount; but—
(a) that estimated income must be treated as an amount equal to—
(i) the company's estimate of the income received by the person for any period equal to the prescribed period (ending on a day before the day concerned) that the company decides, divided so as to equate to a weekly amount; or
(ii) if the company thinks it more appropriate in all the circumstances, the company's estimate of the income received by the person for any shorter period (ending on a day before the day concerned) that the company decides, divided so as to equate to a weekly amount; and
(b) there may be deducted from that amount any items by which the company is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the company is satisfied the income is likely to be increased.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
(a) prescribing a definition of assessable assets for the purposes of section 50(2):
(b) prescribing matters contemplated by sections 46 to 52:
(c) providing for any other matters contemplated by sections 46 to 52, necessary for their administration, or necessary for giving them full effect.
(2) The regulations may—
(a) prescribe a zero proportion (or a means for calculating proportions capable of producing a zero proportion) for the purposes of any provision:
(b) prescribe a proportion or threshold (or a means for calculating a proportion or threshold) for the purposes of any provision by reference to any or all of the following matters:
(i) the relationship status of the tenant concerned:
(ii) the relationship status of the applicable persons concerned:
(iii) the number of dependent children of the tenant concerned:
(iv) the number of dependent children of the applicable persons concerned:
(v) the number of people living or intended to live in the housing concerned:
(c) prescribe a threshold (or a means for calculating a threshold) for the purposes of any provision by reference to the rate of a benefit within the meaning of section 3(1) of the Social Security Act 1964, or the rates of 2 or more such benefits.
(3) A means for calculating may comprise any number of mechanisms and parameters.
(5) Subsection (2) overrides the Human Rights Act 1993.
(6) Subsection (5) is for the avoidance of doubt.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Subsection (2)(b)(i) and (ii) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “relationship status”
for the words “marital status”
.
(1) This section and Schedule 3 apply to a tenant of HNZ housing if, but for the provisions of that schedule,—
(a) the rent that the tenant would be required to pay for the first rent period commencing on or after the appointed day—
would be greater than—
(b) the rent, after the deduction of any accommodation assistance (within the meaning of clause 1 of Schedule 3) to which the tenant was entitled, that the tenant was required to pay for the last rent period commencing before the appointed day.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
For the purposes of section 54 and Schedule 3,—
(a) the company may, with the consent of the applicable persons concerned, give the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964 details of—
(i) those persons' assessable incomes and the components of those incomes, and their cash assets, as supplied to the company under section 43(1); and
(ii) the weekly market rent in relation to the housing; and
(iii) the dates of the beginning and end of the rent period in respect of the housing that commenced immediately prior to the appointed day; and
(b) an officer or employee of the department may, on the basis of the details given,—
(i) certify in writing to the applicable persons the kinds of accommodation assistance (within the meaning of clause 1 of Schedule 3) they were receiving and, in respect of assistance of each kind, whether they were receiving more than their entitlement, their entitlement, or less than their entitlement immediately before the appointed day; and
(ii) give the company a copy of the certificate; and
(c) the company may rely on the certificate.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
The heading to section 55 was amended, as from 1 October 2001, by section 12(1) State Sector Amendment Act 2003 (2003 No 41) by substituting the words “Responsible department”
for the words “Department of Work and Income”
.
Paragraph (a) was amended, as from 1 October 2001, by section 12(1) State Sector Amendment Act 2003 (2003 No 41) by substituting the words “department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964”
for the words “Department of Work and Income”
.
Paragraph (b) was amended, as from 1 October 2001, by section 12(1) State Sector Amendment Act 2003 (2003 No 41) by substituting the word “department”
for the word “Department”
.
(1) Every person to whom any HNZ housing is let at an income-related rent must promptly advise the company of—
(a) any change in the person's circumstances likely to result in the payment of a higher income-related rent; and
(b) any change known to the person in the circumstances of any other applicable person likely to result in the payment of a higher income-related rent.
(2) A person does not commit an offence by reason only of failing to comply with subsection (1).
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The company may at any time, of its own motion or on application by the tenant concerned, review any income-related rent to ascertain—
(a) whether it or some other income-related rent is now appropriate for the housing concerned; or
(b) whether at some earlier time it or some other income-related rent was appropriate for the housing concerned; or
(c) both.
(2) After reviewing the rent, the company,—
(a) if satisfied that some other income-related rent is now appropriate for the housing concerned, may calculate and charge that other rent for the tenant:
(b) if satisfied that at some earlier time a higher income-related rent was appropriate for the housing concerned, may take action under section 60:
(c) if satisfied that at some earlier time a lower income-related rent was appropriate for the housing concerned, must make any necessary refund.
(3) The company—
(a) does not have to act under subsection (2)(a) unless, in the company's opinion, it would result in a material difference to the rent to be paid for the housing concerned; and
(b) does not have to act under subsection (2)(b) unless, in the company's opinion, there has been a material underpayment of rent for the housing concerned.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The company may investigate—
(a) the present circumstances of—
(i) any tenant of HNZ housing who is paying, or has applied to the company for the company to calculate, an income-related rent for the housing; or
(ii) any person who is an applicable person in relation to the tenant:
(b) to the extent that those circumstances might be relevant to the eligibility of a prospective tenant to be allocated HNZ housing, or to the housing need of a prospective tenant, the present circumstances of—
(i) the prospective tenant; or
(ii) any person who would be an applicable person in relation to the prospective tenant:
(c) the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—
(i) any tenant or former tenant of HNZ housing who was required to pay an income-related rent for the housing; or
(ii) any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
(2) For the purposes of subsection (1), the company—
(a) may ask any person whose circumstances it may investigate under that subsection any relevant questions it thinks fit; and
(b) may ask any person whose circumstances it may investigate under that subsection to verify by statutory declaration—
(i) any information he or she has given when answering questions asked under paragraph (a); or
(ii) any other information that he or she has at any time given to the company; or
(iii) any information within his or her personal knowledge that any of the applicable persons concerned has at any time given to the company.
(3) The company may take the actions stated in subsection (4) if—
(a) any person whose circumstances it may investigate under subsection (1)—
(i) fails or refuses to answer (or, in the company's opinion, fails or refuses to answer fully) any question asked under subsection (2)(a); or
(ii) fails or refuses to verify any information by statutory declaration when asked to do so under subsection (2)(b); or
(4) The actions are—
(a) to the extent that the tenant is the person or people to whom any HNZ housing is let or to be let,—
(i) calculate an income-related rent for the tenant for that housing on the basis of its own understanding of the circumstances; or
(ii) treat the market rent for that housing as the income-related rent for the tenant for that housing:
(b) to the extent that the tenant is a prospective tenant only,—
(i) suspend the process of determining whether to allocate, assign, or let any HNZ housing to the prospective tenant; or
(ii) decline the tenant's application to become a tenant of HNZ housing.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) For the purposes of a review under section 57 or an investigation under section 58, the company may request any person to—
(a) answer questions; or
(b) allow the company to inspect any document or other written information; or
(c) give the company—
(i) a copy of any document or other written information; or
(ii) a print-out of any information stored digitally.
(2) The person does not have to comply with the request; but (for the purposes of section 7(1) of the Privacy Act 1993) this subsection authorises the person to make personal information available in response to the request.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) Subsection (2) applies to a tenant of HNZ housing and a period of time if, at any later time, the company—
(a) has in its possession information (whether or not obtained as a result of a review under section 57 or an investigation under section 58) that—
(i) it did not have during that period, or had but did not have reasonable grounds to believe; and
(ii) it now believes on reasonable grounds; and
(b) is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have required the tenant to pay an income-related rent higher than the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
(2) If this subsection applies to a tenant of HNZ housing and a period of time, the company may calculate, and recover as a debt due to the Crown, the difference between—
(a) the higher income-related rent it would have required the tenant to pay for the housing in respect of the period; and
(b) the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
(3) Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The things to which the company may have regard in doing either or both of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that people (including prospective tenants, people who might be applicable persons in relation to those prospective tenants, and other people who might reside in the housing concerned) are treated differently on the basis of—
(a) their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in paragraphs (b), (h), (i), and (l) of section 21(1) of the Human Rights Act 1993); or
(b) whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
(c) their incomes; or
(d) their property; or
(e) 2 or more of those factors.
(2) The things are—
(a) assess the eligibility of prospective tenants to be allocated HNZ housing; and
(b) allocate, assign, and let HNZ housing to prospective tenants.
(3) Subsection (1) overrides the Human Rights Act 1993.
(4) This section is for the avoidance of doubt.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) This subsection applies to—
(a) any decision or determination of the company made under this Part, the calculation mechanism, or Schedule 3 (other than a decision under section 43(4)) in respect of an income-related rent; and
(b) any assessment by the company of—
(i) the eligibility of any prospective tenant to be allocated HNZ housing; or
(ii) the housing needs of any prospective tenant.
(2) At any time on or after the appointed day, a tenant may, in accordance with regulations made under section 63, appeal against a decision, determination, or assessment to which subsection (1) applies, if the company—
(a) has confirmed it (whether as originally made or as varied) under the process for the time being established by the company to review such decisions; or
(b) has no such process for the time being established.
(3) In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the company had in relation to the matter concerned; and may—
(a) confirm, modify, or reverse the decision or determination; or
(b) refer all or any part of the matter back to the company for further consideration, together with—
(i) any directions it thinks just relating to the reconsideration; and
(ii) a written statement of its reasons for doing so.
(4) The appeal body—
(a) may award costs against the company in respect of any appeal if—
(i) it is allowed in whole or in part; or
(ii) all or any part of the matter is referred back to the company for further consideration; and
(b) may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that it was frivolous or vexatious, or should not have been brought.
(5) If regulations under section 63(1)(a) establish a body to dispose of appeals under this section, any party to any appeal to the body who is dissatisfied with any determination of the body may appeal to a District Court; and in that case,—
(a) within 14 days after the date of the determination, the appellant must lodge a notice of appeal with the Court, and forthwith deliver or post a copy of the notice to every other party to the appeal:
(b) the Court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
(c) except as provided by this subsection, the case must be dealt with in accordance with the District Courts Rules 1992.
(6) Nothing in this section, or in any regulations under section 63, limits or affects the rights of any tenant of HNZ housing under the Residential Tenancies Act 1986.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
(1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a) for the purposes of section 62,—
(i) establishing a body to dispose of appeals under that section, prescribing how its members are to be appointed, and prescribing how it is to hear and dispose of appeals; or
(ii) providing that such appeals are to be made to the Social Security Appeal Authority established by the Social Security Act 1964 as if they were appeals against decisions or determinations under that Act, and providing that sections 12J to 12N, and 12P to 12R of that Act apply, with or without modification, to the hearing and disposal of appeals; or
(iii) providing that such appeals are to be made to a District Court, and providing that the District Courts Act 1947 and the High Court Rules apply, with or without modification, to the hearing and disposal of appeals; or
(iv) providing that such appeals are to be made to the Tenancy Tribunal established by the Residential Tenancies Act 1986 as if they were applications under that Act, and providing that sections 86 to 120 of that Act apply, with or without modification, to the hearing and disposal of appeals:
(b) providing for any other matters contemplated by the provisions of this Part (other than sections 46 to 52), necessary for their administration, or necessary for giving them full effect.
(2) Any body established under subsection (1)(a)(i) is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951; and every member of it is entitled to—
(a) remuneration by way of fees, salary, or allowances, for the member's services as a member of it:
(b) payment of travelling allowances and expenses in respect of time spent travelling in its service.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Subsection (1)(a)(iii) was amended, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63) by substituting the words “the High Court Rules”
for the words “rules made under it”
. See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
(1) The company—
(a) cannot delegate a power under section 57(2)(b), any of subsections (2)(b), (3), or (4) of section 58, or section 60, except to a person who is an employee of the company, the Corporation, or Community Housing Limited; and
(b) cannot delegate any other power under this Part, the calculation mechanism, or Schedule 3, except to a person who is—
(i) an employee of the company, the Corporation, or Community Housing Limited; or
(ii) a person engaged by the company under a contract for services providing for the person to exercise that power.
(2) If the company delegates a power under this Part, the calculation mechanism, or Schedule 3 (not being a power referred to in subsection (1)(a)) to a body corporate engaged by the company under a contract for services,—
(a) the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
(b) an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
(3) Subsections (1) and (2) override section 130(1) of the Companies Act 1993.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Subsection (1) was substituted, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37).
Section 7 has effect as if—
(a) this Part, the calculation mechanism, and Schedule 3 were a requirement by the Crown for the company to enter into agreements (as the circumstances from time to time require) for the provision by the company of housing and related services to persons who are required to pay income-related rents rather than market rents for the housing, in return for the payment by the Crown of the price to the company of doing so; and
(b) that price were the difference between the amounts of market rents for the housing and the income-related rents charged.
Part 5 (comprising sections 42 to 65) was inserted, as from 9 August 2000, by section 5 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
In this Part, unless the context otherwise requires,—
benefit means—
(a) a benefit as defined in section 3(1) of the Social Security Act 1964; or
(c) any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 124(1)(d) of that Act; or
(d) an allowance established by regulations made under section 303 of the Education Act 1989
Corporation, despite section 2(1), includes the company
Corporation housing means premises (whether owned by the Crown, the Corporation, or any other person) let or to be let by or on behalf of the Corporation for occupation by any person as a place of residence
department means the department for the time being responsible for the administration of the Social Security Act 1964
partner, in the phrase “spouse or partner”
and in related contexts, means, in relation to any person (A), a person—
(a) who is A's civil union partner or de facto partner; and
(b) who is not, in the Corporation's opinion, living apart from A.
Part 6 (comprising sections 66 to 69) was amended, as from 1 July 2006, by section 6 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
The purpose of section 68 is to facilitate the disclosure of information by the Corporation to the department for the purpose of helping the department to—
(a) verify the entitlement or eligibility of any person to or for any benefit; and
(b) verify the amount of any benefit to which any person is or was entitled or to which any person is or was eligible; and
(c) recover debts due to the Crown (acting by and through the department) in respect of benefits.
Part 6 (comprising sections 66 to 69) was amended, as from 1 July 2006, by section 6 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
(1) For the purpose stated in section 67, the chief executive of the department may from time to time request the Corporation to supply, in respect of persons who are tenants in relation to Corporation housing, or were tenants of that kind on or after the commencement of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006,—
(a) the biographical information held by the Corporation that is sufficient to identify those persons, including their addresses; and
(b) the details of the tenancies of those persons held by the Corporation that are necessary for the purpose stated in section 67.
(2) A request under subsection (1) must be made in accordance with arrangements made from time to time between the chief executive of the department and the Corporation.
(3) On receipt of a request under subsection (1), the Corporation may supply the information requested to any person who is an officer or employee or agent—
(a) of the chief executive of the department; and
(b) authorised for the purpose by that chief executive.
(4) Information supplied under a request under subsection (1) may be supplied in a form determined by agreement between the Corporation and the chief executive of the department.
Part 6 (comprising sections 66 to 69) was amended, as from 1 July 2006, by section 6 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
Examples of the information and details referred to in section 68(1)(a) and (b) are, for every tenant or former tenant,—
(a) his or her full name, any other names used by him or her, and his or her date of birth; and
(b) the full name, any other names used by, and the date of birth of, his or her spouse or partner (if any) and the full names, any other names used by, and the dates of birth of, any dependent children of the tenant or his or her spouse or partner (if any); and
(c) the physical address of the Corporation housing that is the subject of the tenancy; and
(d) the start date, end date (if any), and weekly rent of the tenancy; and
(e) his or her income, and the components of it, as advised by him or her on any form or forms, or in any other information, supplied to the Corporation for the purposes of enabling it to determine his or her rental, and the period or periods to which that income, or a component of it, relates; and
(f) any address or other details supplied to the Corporation for the purposes of enabling it to contact him or her after the tenancy has ended.
Part 6 (comprising sections 66 to 69) was amended, as from 1 July 2006, by section 6 Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
Schedule 1 | Section 41 |
| Title of Act | Amendment |
|---|---|
| 1975, No 9-The Ombudsmen Act 1975 (RS Vol 21, p 657) | |
| 1976, No 65-The Income Tax Act 1976 (RS Vol 12, p 1) | By inserting in the Fourteen Schedule (as substituted by section 23(1) of the State Services Conditions of Employment Amendment Act 1987), in its appropriate alphabetical order, the following item:
|
| 1982, No 156-The Official Information Act 1982 (RS Vol 21, p 579) |
The item relating to the Ombudsmen Act 1975 (1975 No 9) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
The item relating to the Income Tax Act 1976 was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).
The item relating to the Official Information Act 1982 (1982 No 156 ) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
The item relating to the Public Finance Act 1989 (1989 No 44) was impliedly repealed by section 3(6) Public Finance Amendment Act 1992 (1992 No 142).
Schedules 2 and 3 were inserted, as from 9 August 2000 by section 6 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
The proportion of 25% is prescribed for the purposes of section 46(2)(a).
The following thresholds are prescribed for the purposes of paragraphs (a) and (b) of section 46(2):
(a) in the case of a sole tenant who has no spouse or partner and no dependent children (within the meaning of section 3(1) of the Social Security Act 1964), is the rate stated in clause 1(a) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax; and
(b) in every other case, is the rate stated in clause 1(c) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax, multiplied by 2.
Clause 2(a) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by substituting the words “clause 1(a) of Schedule 1 of the New Zealand Superannuation Act 2001”
, for the words “clause 1(a) of Schedule 1 of the Social Welfare (Transitional Provisions) Act 1990”
.
Clause 2(a) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting the words “New Zealand Superannuation and Retirement Income Act 2001”
for the words “New Zealand Superannuation Act 2001”
.
Clause 2(a) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “spouse or partner”
for the word “partner”
.
Clause 2(b) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by substituting the words “clause 1(c) of Schedule 1 of the New Zealand Superannuation Act 2001”
, for the words “clause 1(c) of Schedule 1 of the Social Welfare (Transitional Provisions) Act 1990”
.
Clause 2(b) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting the words “New Zealand Superannuation and Retirement Income Act 2001”
for the words “New Zealand Superannuation Act 2001”
.
The proportion of 50% is prescribed for the purposes of section 46(2)(b).
Schedule 2 clause 4 heading: amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
The maximum rate of family tax credit payable under subparts MA to MF and MZ of the Income Tax Act 2007 in respect of an eldest dependent child who is under 16 is prescribed for the purposes of sections 46(2)(c)(ii) and 46(3)(b)(ii).
Schedule 2 clause 5 heading: amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Schedule 2 clause 5: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Schedule 2 clause 5: amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Clause 5 was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
The proportion of 25% is prescribed for the purposes of section 46(3)(a).
This clause applies to HNZ housing if, and only if, in the company's opinion, the applicable persons' principal source of income is contributions from additional residents.
For the purposes of section 48(2),—
(a) if clause 7 applies to HNZ housing, the weekly income of the applicable persons includes all contributions from additional residents:
(b) if clause 7 does not apply to HNZ housing and the applicable persons receive contributions from fewer than 3 additional residents, their weekly income does not include any contributions from additional residents:
(c) if clause 7 does not apply to HNZ housing and the applicable persons receive contributions from 3 or more additional residents, their weekly income—
(i) does not include any contributions from the 2 additional residents making the greatest contributions; and
(ii) includes only 62% of the sum of the contributions from the other additional resident or residents.
For the purposes of section 49(1)(a), a person's weekly income includes—
(a) the appropriate weekly proportion of every amount or payment received as—
(i) an income-tested benefit (within the meaning of section 3(1) of the Social Security Act 1964) other than an orphan's benefit or an unsupported child's benefit; or
(ii) New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran's pension under Part 6 of the War Pensions Act 1954; or
(iii) a study grant; and
(b) amounts received from the Corporation or an insurer under the Injury Prevention, Rehabilatation, and Compensation Act 2001 as weekly compensation for loss of earnings or potential earning capacity; and
(c) any minimum family tax credit the person is eligible for under subparts MA to MF and MZ of the Income Tax Act 2007.
Clause 9(a)(ii) was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
Clause 9(b) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilatation, and Compensation Act 2001 (2001 No 49), by substituting the words “the Corporation or an insurer under the Injury Prevention, Rehabilatation, and Compensation Act 2001”
for the words “an insurer under the Accident Insurance Act 1998”
. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Clause 9(a)(ii) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting the words “New Zealand Superannuation and Retirement Income Act 2001”
for the words “New Zealand Superannuation Act 2001”
.
Clause 9(c) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Schedule 2 clause 9(c): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Schedule 2 clause 9(c): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Clause 9(c) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
For the purposes of section 49(1)(b), a person's weekly income does not include—
(a) an amount or payment—
(i) received as a benefit, allowance, or other payment under the Social Security Act 1964 not referred to in clause 9(a); or
(ii) received as a parental tax credit, child tax credit, or in-work tax credit under subparts MA to MF and MZ of the Income Tax Act 2007; or
(iii) of a kind stated in any of subparagraphs (ii) to (xv) of paragraph (f) of the definition of income in section 3(1) of the Social Security Act 1964; or
(b) in the case of a person with a disability, the value of any regular disability support services supplied to the person; or
(c) the value of any regular disability support services supplied to any dependent child of the person who—
(i) is residing in the HNZ housing concerned; and
(ii) is a person with a disability.
Schedule 2 clause 10(a)(ii): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Schedule 2 clause 10(a)(ii): amended (with effect from 1 April 2007), on 19 December 2007, by section 295 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Paragraph (a)(ii) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Paragraph (a)(ii) was amended, as from 1 April 2006, by section 23(1) Taxation (Working for Families) Act 2004 (2004 No 52) by substituting the words “, child tax credit, or in-work payment”
for the words “or child tax credit”
.
(1) For the purposes of section 50(2), assessable assets,—
(a) in the case of a person with a spouse or partner or a single person with a dependent child or children, means any cash assets (within the meaning of section 61E of the Social Security Act 1964) in excess of $5,400:
(b) in any other case, means any cash assets (within the meaning of section 61E of the Social Security Act 1964) in excess of $2,700.
(2) If, on or after the date this subclause comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subclause (1)(a) or (b) is considered to be increased by the amount of that payment.
Clause 11(1)(a) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “spouse or partner”
for the word “partner”
.
Clause 11(2) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilatation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
The period of 52 weeks is prescribed for the purposes of section 52.
Schedule 3 | s 54 |
Schedules 2 and 3 were inserted, as from 9 August 2000 by section 6 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
In this schedule, unless the context otherwise requires,—
55+ rent protection programme means the programme for the protection of rents applied by the company on and after 1 July 1995 to any tenant of HNZ housing who on that day—
(a) did not qualify for the tenure protection allowance; and
(b) had been a tenant of that housing continuously since at least 30 July 1991; and
(c) either was, or had a spouse or partner who was, aged 55 or more
55+ rent protection programme: paragraph (c) of this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “spouse or partner”
for the word “partner”
.
accommodation assistance, in relation to any HNZ housing, means accommodation benefit, accommodation supplement, tenure protection allowance, or special transfer allowance, payable in respect of that housing
accommodation benefit means an accommodation benefit under regulation 9 of the Student Allowance Regulations 1998
accommodation supplement means an accommodation supplement under section 61EA of the Social Security Act 1964
affected tenant means a tenant of HNZ housing to whom this schedule (by virtue of section 54(1)) applies
special transfer allowance means an amount payable by way of special assistance under the special transfer allowance programme approved under section 124(1)(d) of the Social Security Act 1964
tenure protection allowance means the tenure protection allowance formerly payable under the sections 61FC and 61FD of the Social Security Act 1964.
(1) This clause applies to an affected tenant who, immediately before the appointed day, was receiving in respect of the housing a tenure protection allowance or special transfer allowance that the tenant was entitled to receive.
(2) The income-related rent for any HNZ housing occupied immediately before the appointed day by an affected tenant to whom subclause (1) applies must be calculated by deducting from the rent otherwise payable under the calculation mechanism the appropriate rebate (if any) calculated under subclause (3).
(3) The rebate is the amount (if any) by which—
(a) the weekly income-related rent for the housing calculated in accordance with the calculation mechanism—
exceeds—
(b) the weekly market rent for the housing immediately before the appointed day (after the deduction of the sum of—
(i) the total of the weekly amounts of accommodation supplement or accommodation benefit the applicable persons in relation to the housing were entitled to receive immediately before the appointed day; and
(ii) the weekly amount of tenure protection allowance or special transfer allowance the tenant was entitled to receive in relation to the housing immediately before the appointed day).
(1) this clause applies to an affected tenant who, immediately before the appointed day, was receiving, and was entitled to receive, the protection of the 55+ rent protection programme.
(2) The income-related rent for any HNZ housing occupied immediately before the appointed day by an affected tenant to whom subclause (1) applies must be calculated by deducting from the rent otherwise payable under the calculation mechanism the appropriate rebate (if any)—
(a) calculated under subclause (3); and
(b) where appropriate, reduced under subclause (4).
(3) The rebate is the amount (if any) by which—
(a) the weekly income-related rent for the housing calculated in accordance with the calculation mechanism—
exceeds—
(b) the weekly amount of the rent that applied to the tenant immediately before the appointed day under the 55+ rent protection programme (after the deduction of the total of the weekly amounts of any accommodation supplement or accommodation benefit the applicable persons concerned were entitled to receive immediately before the appointed day).
(4) The company must reduce the amount of the rebate by $5 a week if—
(a) It reviews the tenant's income-related rent under section 57 at a time after 30 June 2001; and
(b) the rebate has not been reduced under this subclause during the 12 months before that time.
(1) The following provisions apply to an affected tenant who is not and never has been entitled to a rebate under clause 2 or clause 3:
(a) the income-related rent for the housing must be calculated by applying the calculation mechanism, if—
(i) not all the applicable persons have consented for the purposes of section 55; or
(ii) the company is satisfied that the tenant is an affected tenant because of receiving more than the amount of accommodation assistance to which the tenant was entitled:
(2) The rebate is the amount (if any) by which—
(a) the weekly income-related rent for the housing calculated in accordance with the calculation mechanism—
exceeds
(b) the weekly amount of the rent that applied to the tenant immediately before the appointed day (after the deduction of the sum of the accommodation assistance the applicable persons in relation to the housing were entitled to receive immediately before the appointed day).
(3) The company must reduce the amount of the rebate by $5 a week if—
(a) it reviews the tenant's income-related rent under section 57 at a time after 30 June 2001; and
(b) the rebate has not been reduced under this subclause during the 12 months before that time.
(1) Clauses 2 to 4 cease to apply to a tenant who—
(a) ceases to occupy the HNZ housing in respect of which the rebate applied (otherwise than by beginning to occupy replacement HNZ housing); or
(b) in the case of a sole tenant, dies.
(2) In subclause (1)(a), replacement HNZ housing, in relation to any HNZ housing in respect of which a rebate applied, means any HNZ housing a tenancy of which replaced—
(a) a tenancy of that housing; or
(b) a tenancy of some other HNZ housing that was replacement HNZ housing in relation to that housing.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Housing Restructuring and Tenancy Matters Act 1992. It incorporates all the amendments to the Housing Restructuring and Tenancy Matters Act 1992 as at 1 April 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.
Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): section 295
Income Tax Act 2007 (2007 No 97): section ZA 2(1)