enable the assessment of need and eligibility for social housing, and eligibility for an income-related rent, and associated functions (such as providing advice, managing applications for social housing, carrying out investigations, and referring and allocating prospective tenants and tenants to social housing providers), to be performed by 1 or more government agencies that are independent of the agency that provides state housing:

align Housing New Zealand Corporation’s role to the provision of social housing in a multiple-provider environment:

facilitate the growth of the community housing sector by enabling the extension, on terms and conditions set by the joint Ministers, of an income-related rent subsidy to registered community housing providers and an income-related rent to their tenants:

enable the appointment of a government agency as a regulatory authority for registered community housing providers, with associated objectives, functions, and powers to monitor and enforce compliance with regulatory standards:

enable the making of regulations that prescribe eligibility criteria and performance standards to be met by registered community housing providers:

create certain offences for failure to comply with information requirements issued to tenants and associated parties by relevant government agencies.

an income-related rent has been calculated for the tenant under Part 9, the calculation mechanism, or under Schedule 3; and

the agency has notified under section 106 the income-related rent calculated for the tenant; and

that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the tenant must pay market rent.

is required by section 72 or 74 to change the rent for the housing; or

is empowered by section 72 to change the rent for the housing, and decides to do so.

the date on which it takes effect; and

the matters referred to in paragraphs (j) and (k) of section 13A of that Act.

HNZ must, subject to subsection (4), give the tenant written notice, in accordance with section 73(2), stating the date on which the increased income-related rent takes effect (the effective date); and

the effective date must be a date no earlier than 61 days after the date (as stated in the agency’s notification) that the change in circumstances occurred; and

HNZ must give the notice to the tenant at least 2 weeks before the effective date.

the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and

the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.

allocate a prospective tenant for HNZ housing to particular HNZ housing:

review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular HNZ housing:

require a tenant to transfer to different HNZ housing (being housing that is appropriate for the tenant’s housing needs) if HNZ considers that the transfer is necessary or desirable for any reason.

a tenant’s rights under the Residential Tenancies Act 1986:

HNZ’s rights as a landlord under the Residential Tenancies Act 1986, including its rights to terminate a tenancy in accordance with that Act:

HNZ’s functions and powers under this Act or any other Act.

an applicant for, or a recipient of, a financial product; or

any person who, at the time of application, is the spouse or partner of the applicant.

may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and

may ask any person whose circumstances it may investigate to verify by statutory declaration—

any person whose circumstances it may investigate—

it believes on reasonable grounds that any person whose circumstances it may investigate under section 77 has deliberately given a false or misleading answer to any question asked under subsection (1)(a).

assess the eligibility of an applicant for, or recipient of, a financial product on the basis of HNZ’s own understanding of the circumstances:

treat the applicant or recipient as not or as no longer eligible for that financial product.

answer questions; or

allow HNZ to inspect any document or other written information; or

give HNZ—

for the purpose of any investigation under section 77:

for the purpose of detecting whether a person has committed or is committing an offence under section 82 or 83:

for the purpose of determining and detecting the cost of fraud under section 82 or 83:

for the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 78(1)(a).

no later than 5 working days after the notice was given; and

in the manner specified in the notice, without charge to HNZ.

require any person to provide any information or produce any document that would be privileged in a court of law:

require any person to provide any information or produce any document that is legally professionally privileged.

that consists wholly or partly of, or relates wholly or partly to,—

is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.

HNZ or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and

for the purposes of determining that application, the Judge may require the information or document to be produced to the court.

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

whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or

their incomes; or

their property; or

2 or more of those factors.

allocating, assigning, and letting, or continuing to let, HNZ housing to a tenant; and

reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular HNZ housing; and

terminating a tenancy; and

reallocating or reassigning HNZ housing to a tenant; and

retaining the current allocation, assignment, or letting of particular HNZ housing to a tenant.

fails or refuses to provide, without reasonable excuse, the information required:

provides false or misleading information in response to the requirement.

fails or refuses to provide the advice without reasonable excuse:

provides false or misleading information in response to the requirement.

makes any statement knowing it to be false in any material particular; or

deliberately does or says anything for the purpose of misleading or attempting to mislead HNZ; or

when required to provide information under section 80, deliberately omits to do or say anything for the purpose of misleading or attempting to mislead HNZ.

for that person or another person to be or continue to be allocated, assigned, or let particular HNZ housing, or to be allocated, assigned, or let some other HNZ housing:

for that person or another person to receive or continue to receive a financial product.

is or continues to be allocated, assigned, or let particular HNZ housing:

is allocated, assigned, or let some other HNZ housing:

receives or continues to receive a financial product.

may not delegate a power under section 78(1)(b), (2), or (3), except to the Corporation, the agency, the chief executive of the agency, or to an employee of HNZ or the Corporation; and

may not delegate any other power under this Part except to—

the body corporate cannot subdelegate the power except to a person who is an employee of the body corporate; and

an employee of the body corporate to whom the power is subdelegated cannot subdelegate it further.

this Part, the calculation mechanism, and Schedule 3 were a requirement by the Crown for HNZ to enter into agreements (as the circumstances from time to time require) for the provision by HNZ of housing and related services to persons who pay income-related rents rather than market rents for the housing, in return for the payment by the Crown of the price to HNZ of doing so; and

that price were the difference between the amounts of market rents for the housing and the income-related rents charged.

must include the matters specified in section 90; and

may include restrictions on obtaining—

must specify procedures applying to the obtaining of information under section 80.

HNZ and every employee of HNZ:

the Corporation and every employee of the Corporation:

the agency and every employee and the chief executive of the agency:

every person or body corporate engaged by HNZ under a contract for services providing for the person to exercise the power to require such information:

every employee of a person or body corporate referred to in paragraph (d).

any specified class of information; or

information from any specified class of persons; or

information in any specified manner.

provisions requiring the information to be first sought, as the case may require, except where compliance with such provision would prejudice the maintenance of the law, from the applicant for or recipient of a financial product or the spouse or partner of the applicant or recipient:

provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before HNZ requires that information or confirmation of that information from another person or agency, except where compliance with such provision would prejudice the maintenance of the law:

a provision prohibiting a requirement under section 80 being made in respect of a person referred to in paragraph (a) to any other person (not being a financial institution, a lawyer, employer, or former employer of the person referred to in paragraph (a), and not being a department, departmental agency, Crown entity), unless there is reasonable cause to make a requirement under that section:

a provision prohibiting a requirement under section 80 being made to an employer in respect of any information that relates solely to the marital or relationship status of an employee or a former employee of that employer:

provisions otherwise restricting requirements under section 80 being made to an employer to information specified in the code relating to the employment and the address of an employee or a former employee of that employer.

cause to suspect that the person—

the fact that the person has failed, within the time specified in the code, or has refused, to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)(a).

the tenant is an eligible tenant who—

an income-related rent has been calculated for the tenant under Part 9 and the calculation mechanism; and

the agency has notified under section 106 the income-related rent calculated for the tenant; and

that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the rent for the housing may be determined by the registered community housing provider but must not exceed its market rent for the time being.

is required by section 92 or 94 to change the rent for the housing; or

is empowered by section 92 to change the rent for the housing, and decides to do so.

the day on which it takes effect; and

the matters referred to in paragraphs (j) and (k) of section 13A of that Act.

the provider must, subject to subsection (4), give the tenant written notice, in accordance with section 93(2), stating the date on which the increased income-related rent takes effect (the effective date); and

the effective date must be a date no earlier than 61 days after the date (as stated in the agency’s notification) that the change in circumstances occurred; and

the provider must give the notice to the tenant at least 2 weeks before the effective date.

the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and

the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.

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

whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or

their incomes; or

their property; or

2 or more of those factors.

allocating, assigning, and letting community housing to tenants at an income-related rent; and

allocating, assigning, and letting community housing to tenants; and

reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing; and

terminating a tenancy; and

reallocating or reassigning community housing to tenants; and

retaining the current allocation, assignment, or letting of particular community housing to tenants.

allocate a prospective tenant for community housing to particular community housing provided by that provider:

review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing provided by that provider:

require a tenant to transfer to different community housing provided by that provider if the provider considers that the transfer is necessary or desirable for any reason and the other housing is appropriate to the tenant’s housing needs.

a tenant’s rights under the Residential Tenancies Act 1986:

a registered community housing provider’s rights as a landlord under the Residential Tenancies Act 1986, including its rights to terminate a tenancy in accordance with that Act.

providing assistance and advice to people on matters relating to housing or services related to housing; and

managing applications for social housing, including—

any other functions of the agency set out in this Act and any other functions under Part 7 that are delegated to the agency.

the type of housing units that may be funded using the subsidy during any specified period of time; or

the number of housing units that may be funded using the subsidy during any specified period of time; or

the location of housing units that may be funded using the subsidy during any specified period of time.

a person’s eligibility for social housing:

a person’s continued eligibility for social housing.

the timing of reviews by the agency under section 117; and

the class or classes of people which the agency may or may not review under that section.

the agency and the authority; and

any social housing provider that, in the Minister’s opinion, will be materially affected by the direction.

the eligibility or continued eligibility of the tenant for social housing; and

the housing needs of the tenant.

must set out the results of the agency’s assessment; and

may include any other information that the agency considers reasonable or necessary, including matters relevant to tenancy sustainability; and

must include the information reasonably requested by the social housing provider, to enable the social housing provider to make decisions on allocating, assigning, and letting housing, and continuing to allocate, assign, and let housing.

the tenant is eligible to be allocated social housing or has been allocated, assigned, or let particular social housing; and

the tenant has applied to the agency for it to calculate an income-related rent; and

the agency is satisfied that—

calculate the income-related rent for the time being for the tenant; and

provide notification under section 106.

the rent for the housing must be its market rent for the time being, in accordance with section 72(3); or

the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3).

it has all information reasonably needed to calculate an income-related rent as at the time determined; and

the information is accurate; and

it was unreasonable in all the circumstances to expect the application to have been made earlier.

at the time it was made, the agency—

at some later time, the agency is satisfied that—

must update the notification following any change to the income-related rent calculated or notified for the tenant, including any change where the agency’s assessment is that the income-related rent should be equal to the market rent; and

may update a notification following an investigation under this Part.

a rent calculated by reference to household income under subsection (2):

a rent calculated by reference to benefit levels under subsection (3).

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

the prescribed proportion of any amount by which that sum is greater than that threshold; and

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—

the prescribed proportion of the rate (before abatement) stated in paragraphs (a) to (f) of clause 1 of Schedule 9 of the Social Security Act 1964 that would be appropriate if the tenant were a beneficiary; and

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—

if the agency considers that income tax is payable on any part of it, after the deduction of whichever of the following the agency thinks fit in the particular case:

if the agency considers that any premium is payable in respect of any part of it under section 219(1) of the Accident Compensation Act 2001, after the deduction of whichever of the following the agency thinks fit in the particular case:

if the agency considers that any levy is payable in respect of any part of it under section 219 of the Accident Compensation Act 2001, after the deduction of whichever of the following the agency thinks fit in the particular case:

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

the appropriate weekly proportion of the value of any goods, service, transport, or accommodation (other than accommodation provided by HNZ or a registered community housing provider) supplied to the person on a regular basis by any other person.

includes any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description:

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.

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

the person’s weekly income must be estimated accordingly.

an applicable person has directly or indirectly deprived himself or herself of any income or property; and

as a consequence of the deprivation, an income-related rent of any social 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.

that estimated income must be treated as an amount equal to—

there may be deducted from that amount any items by which the agency is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the agency is satisfied the income is likely to be increased.

prescribing a definition of assessable assets for the purposes of section 111(2):

prescribing matters contemplated by sections 107 to 113:

providing for any other matters contemplated by sections 107 to 113, necessary for their administration, or necessary for giving them full effect.

prescribe a zero proportion (or a means for calculating proportions capable of producing a zero proportion) for the purposes of any provision:

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:

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.

any change in the person’s circumstances likely to result in the payment of a higher income-related rent; and

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 by the first-mentioned person.

any change in the person’s circumstances likely to result in the person no longer being eligible to be allocated social housing or no longer in need of the particular social housing the person is being let; and

any change known to the person in the circumstances of any other applicable person likely to result in the first-mentioned person no longer—

being eligible to be allocated social housing; or

needing to be allocated, assigned, or let any particular social housing.

whether it or some other income-related rent is now appropriate; or

whether at some earlier time it or some other income-related rent was appropriate; or

both.

if satisfied some other income-related rent (including an income-related rent equivalent to the market rent) is now appropriate, may calculate and notify that other income-related rent for the tenant:

if satisfied that at some earlier time a higher income-related rent was appropriate, may take action under section 74(3), 94(2), or 127:

if satisfied that at some earlier time a lower income-related rent was appropriate, must make any necessary refund.

the rent for the housing must be its market rent for the time being, in accordance with section 72(3); or

the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3).

does not have to calculate that other income-related rent under subsection (2)(a) unless, in the agency’s opinion, it would result in a material difference to the existing income-related rent; and

does not have to give a notification under section 103 or 106 unless the agency has calculated the income-related rent and, in the agency’s opinion, the result is a material difference from the existing income-related rent; and

does not have to act under subsection (2)(b) unless in the agency’s opinion, there has been a material under-payment of rent for the housing concerned.

at any time, on its own motion or on the application of a social housing provider, review the eligibility of a prospective tenant for social housing:

subject to and in accordance with any directions given under section 102(3), at any time, on its own motion or on the application of a social housing provider, review the continued eligibility of a tenant for social housing.

the present circumstances of—

the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—

the eligibility of the prospective tenant to be allocated social housing or to be allocated or referred to any particular social housing provider; or

the housing needs of the prospective tenant.

the continued eligibility of the tenant to be allocated social housing; or

the housing needs of the tenant.

may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and

may ask any person whose circumstances it may investigate to verify by statutory declaration—

any person whose circumstances it may investigate—

it believes on reasonable grounds that any person whose circumstances it may investigate has deliberately given a false or misleading answer to any question asked under section 122(a); or

for the purpose of a review under section 117 or 118, the agency requires information from a tenant under section 125(1)(d), and—

to the extent that the tenant is the person or people to whom any social housing is let or to be let,—

to the extent that the tenant is a prospective tenant only,—

to the extent that the tenant is an existing tenant only,—

answer questions; or

allow the agency to inspect any document or other written information; or

give the agency—

the purpose of ascertaining the housing needs of a prospective tenant:

the purpose of ascertaining the eligibility of a tenant to be allocated social housing:

the purpose of calculating an appropriate income-related rent:

the purpose of a review under section 116, 117, or 118:

the purpose of any investigation under section 119, 120, or 121:

the purpose of detecting whether a person has committed or is committing an offence under section 130 or 131:

the purpose of determining and detecting the cost of fraud under section 130 or 131:

the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 122(a).

no later than 5 working days after the notice was given; and

in the manner specified in the notice, without charge to the agency.

require any person to provide any information or produce any document that would be privileged in a court of law:

require any person to provide any information or produce any document that is legally professionally privileged.

consists wholly or partly of, or relates wholly or partly to,—

is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.

the agency or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and

for the purposes of determining that application, the Judge may require the information or document to be produced to the court.

use information obtained under this Part and Schedule 4 to perform its functions, duties, and powers under the Social Security Act 1964; and

use information obtained under the Social Security Act 1964 to perform its functions, duties, and powers under this Part.

has in its possession information (whether or not obtained as a result of a review or an investigation under this Act) that—

is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have calculated for the tenant an income-related rent higher than the income-related rent that it last notified to the social housing provider in respect of the period (capped at the market rent).

the higher income-related rent it would have calculated for the tenant, but capped at the market rent for the housing, in respect of the period; and

the income-related rent calculated and notified for the tenant (capped at the market rent).

the agency must treat the debt as if it were a debt due to the Crown under section 85A of the Social Security Act 1964, with any necessary modification; and

to avoid doubt, the agency may recover that debt in accordance with that Act from any tenant or former tenant of social housing.

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 section 21(1)(b), (h), (i), and (l) of the Human Rights Act 1993); or

whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or

their incomes; or

their property; or

2 or more of those factors.

assessing the housing needs of a tenant:

assessing the eligibility of prospective tenants to be allocated social housing:

reviewing the eligibility of tenants to be or continue to be allocated social housing, or reviewing the eligibility of a tenant under section 117 or the housing needs of a tenant under section 118:

operating a waiting list of tenants who have been assessed as being eligible for social housing, but who have yet to be allocated, assigned, or let social housing or particular social housing:

providing the results of its assessments of eligibility and housing needs to HNZ or registered community housing providers:

referring or allocating prospective tenants to social housing providers.

fails or refuses to provide, without reasonable excuse, the information required:

provides false or misleading information in response to the requirement.

fails or refuses to provide that advice, without reasonable excuse:

provides false or misleading information in response to the requirement.