1: Title
This Act is the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes
1: The purposes of this Act are—
a: to facilitate the settlement of civil proceedings about the payment of wages to HCS employees at the minimum rate prescribed under the Minimum Wage Act 1983
b: to provide for payment by HCS employers to HCS employees for travel between clients from 1 July 2015.
2: To those ends, this Act—
a: extinguishes claims by HCS employees for wages payable under the Minimum Wage Act 1983
b: amends the Minimum Wage Act 1983
c: provides a minimum level of required payments to be made to HCS employees for travel between clients.
4: Interpretation
In this Act, unless the context otherwise requires,— ACC section 259 client visit client day
a: means a calendar day; but
b: in relation to an HCS employee who makes overnight client visits, means the employee’s work period within the meaning of section 69ZC deemed distance section 21(2) deemed travel time section 18(2) employee
a: is an employee within the meaning of that term in section 6(1)(a) or (b)(i)
b: is not paid a salary exceptional first client travel section 5(2)(a) exceptional last client travel section 5(2)(b) exceptional travel section 5(1) former HCS employer
a: means an entity listed in Schedule 2
b: if the former HCS employer does not itself have separate legal personality, means the person or persons who have the legal authority to make decisions on behalf of that employer HCS employee
a: means a person who—
i: is an employee of an HCS employer; and
ii: provides home and community-based support services to clients of the HCS employer; and
b: for the purposes of sections 8 9
i: was previously an employee of an HCS employer; and
ii: provided home and community-based support services to clients of the HCS employer HCS employer
a: means—
i: an entity listed in Schedule 3
ii: an entity that provides home and community-based support services on behalf of an entity listed in Schedule 3
b: if the HCS employer does not itself have separate legal personality, means the person or persons who have the legal authority to make decisions on behalf of that employer Health New Zealand section 4 home and community-based support services
a: means—
i: services funded by the Ministry of Health or Health New Zealand
ii: services funded by ACC that are performed in a client’s home for the purposes of supporting the client's rehabilitation from an injury covered by the Accident Compensation Act 2001
b: does not include—
i: services that are performed for the purpose of preparing an intellectually disabled client to live independently in the community; or
ii: services purchased by a disabled client (or by a disabled client’s caregiver on the client’s behalf) using funding from the Ministry of Health or another agency to allow maximum travel distance section 5(1) mileage rate clause 1 qualifying distance clause 2(1) qualifying travel time clause 3(1) travel between clients
a: means the travel by an HCS employee in a day to get to each client; and
b: includes exceptional travel; but
c: does not include—
i: travel by the employee to the first client visit of the day (unless the travel is exceptional first client travel):
ii: travel by the employee after the employee leaves the last client visit of the day (unless the travel is exceptional last client travel). Section 4 DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 home and community-based support services amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 4 home and community-based support services amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 home and community-based support services amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Māori Health Authority repealed 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024
5: Meaning of exceptional travel and related terms
1: In this Act, unless the context otherwise requires,— exceptional travel
a: travel by an HCS employee between clients where the distance travelled is more than the maximum travel distance; and
b: exceptional first client travel by an HCS employee; and
c: exceptional last client travel by an HCS employee maximum travel distance section 16(2) clause 4
2: For the purposes of subsection (1),—
a: an HCS employee’s travel to the first client visit of the day is exceptional first client travel
b: an HCS employee’s travel from the last client visit of the day is exceptional last client travel
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Payment for travel between clients
Extinguishing claims for travel payments and statutory amendment to employment agreements
8: Certain claims extinguished
1: This section applies to—
a: any claim by or on behalf of an HCS employee for wages payable under the Minimum Wage Act 1983
b: any potential claim by or on behalf of an HCS employee against an HCS employer, a former HCS employer, Health New Zealand, ACC, or the Crown Minimum Wage Act 1983
2: The claim or potential claim cannot be pursued and must be treated as if it had been withdrawn or is incapable of being lodged.
3: Without limiting subsection (2), an HCS employee (or any person acting on his or her behalf) cannot—
a: name, join, or seek to name or join an HCS employer, a former HCS employer, Health New Zealand, ACC, or the Crown
b: apply in any civil proceedings for any remedy or relief from an HCS employer, a former HCS employer, Health New Zealand, ACC, or the Crown
4: This section is subject to section 9 Section 8(1)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 8(3)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 8(3)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
9: Act does not affect enforcement of employment agreements requiring payment for travel before commencement of Act
Nothing in section 8
10: Act overrides existing terms and conditions in employment agreements requiring payment of greater amounts
1: This section applies to an employment agreement containing either or both of the following terms or conditions agreed before the commencement of this Act:
a: a term or condition that requires an HCS employee to be paid a greater amount for travel between clients than that required by this Act:
b: a term or condition that requires an HCS employee to be paid for—
i: travel by the employee to the first client visit of the day that is not exceptional first client travel; or
ii: travel by the employee from the last client visit of the day that is not exceptional last client travel.
2: To the extent that the term or condition exceeds the requirements of this Act, the term or condition has no effect, and is not enforceable, for travel on and from the commencement of this Act.
11: Act does not prevent new terms and conditions in employment agreements requiring payment of greater amounts
This Act does not prevent an HCS employer from paying an HCS employee a greater amount for travel between clients than that required by this Act or for travel described in section 10(1)(b)
12: No HCS employee to be financially disadvantaged
1: Subsection (2) applies if, because of the operation of section 10
2: The HCS employer must compensate the employee for the reduced entitlement by inserting a term in the employee’s employment agreement that has the effect of requiring the employer to pay the employee an amount for travel between clients greater than that required by this Act.
3: The amount must be no less than the amount that is equal to the employee’s total entitlement before 1 July 2015.
4: An HCS employer and an HCS employee—
a: may agree to enhance a term inserted in the employee’s employment agreement under subsection (2); but
b: may not agree to otherwise amend or remove the term at any time while the employee is employed by the employer.
5: In this section,— post-commencement travel entitlement pre-commencement travel entitlement section 10
a: travel between clients in the pay period immediately after 1 March 2016; and
b: travel described in section 10(1)(b)
13: Payment of lesser amounts prohibited
An employment agreement that contains a term or condition that excludes, restricts, or reduces an HCS employee’s entitlements under this Act—
a: has no effect to the extent that it does so, regardless of whether the term or condition was agreed before or after the commencement of this Act; but
b: is not an illegal contract under subpart 5 Section 13(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Time spent in travel between clients
14: Time spent in travel between clients
1: An HCS employer must pay an HCS employee for the time spent by the employee on or after 1 July 2015 in travel between clients.
2: For travel between clients during the period starting on 1 July 2015 and ending on 29 February 2016, the minimum amount payable must be calculated in accordance with sections 15 16
3: For travel between clients on or after 1 March 2016—
a: that is not exceptional travel, the minimum amount payable must be calculated in accordance with section 17
b: that is exceptional travel, the minimum amount payable must be calculated in accordance with section 18
15: Minimum amounts payable for travel before 1 March 2016 funded by Ministry of Health or Health New Zealand
1: This section applies to travel between clients, whether exceptional travel or not, by an HCS employee for the purpose of a client visit—
a: in which the HCS employee provides services described in paragraph (a)(i) of the definition of home and community-based support services in section 4
b: that is not the first client visit for the HCS employee in a day.
2: The minimum amount payable to an HCS employee for each client visit is $2.28. Section 15 heading replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
16: Minimum amounts payable for travel before 1 March 2016 funded by ACC
1: This section applies to travel between clients by an HCS employee for the purpose of a client visit in which the HCS employee provides services described in paragraph (a)(ii) of the definition of home and community-based support services in section 4
2: The minimum amount payable to an HCS employee is—
a: for travel that is not exceptional travel, $1.89 for each client visit; and
b: for exceptional travel, the amount calculated in accordance with section 18
3: For the purposes of subsection (2), the maximum travel distance
17: Minimum amount payable for travel on and from 1 March 2016 (other than for exceptional travel)
The minimum amount payable each day to an HCS employee is calculated as follows: a = b × (c ÷ 60) where— a is the minimum amount payable b is the minimum hourly rate of wage prescribed under section 4 c is the qualifying travel time in minutes for the employee for that day calculated in accordance with clause 3(2)
18: Minimum amount payable for exceptional travel on and from 1 March 2016
1: The minimum amount payable each day to an HCS employee is calculated as follows: a = b × (c ÷ 60) where— a is the minimum amount payable b is the minimum hourly rate of wage prescribed under section 4 c is the deemed travel time in minutes for exceptional travel for the employee for that day.
2: In this section, deemed travel time
a: taking the most efficient route; and
b: when travelling at the same time of day and on the same day of the week. Costs relating to travel between clients
19: Costs relating to travel between clients
1: An HCS employer must pay an HCS employee a contribution towards the costs relating to travel between clients by the employee on or after 1 March 2016.
2: For travel between clients that is not exceptional travel, the minimum amount payable must be calculated in accordance with section 20
3: For travel between clients that is exceptional travel, the minimum amount payable must be calculated in accordance with section 21
4: Subsection (1) does not apply to any travel between clients for which—
a: an HCS employee uses a vehicle provided by the HCS employer; and
b: the employer is responsible for all the costs associated with the use of the vehicle.
20: Minimum amount payable towards costs (other than for exceptional travel)
The minimum amount payable each day to an HCS employee is calculated as follows: a = b × c where— a is the minimum amount payable b is the mileage rate c is the qualifying distance in kilometres for the employee for that day calculated in accordance with clause 2(2)
21: Minimum amount payable towards costs for exceptional travel
1: The minimum amount payable each day to an HCS employee is calculated as follows: a = b × c where— a is the minimum amount payable b is the mileage rate c is the deemed distance in kilometres of exceptional travel by the employee for that day.
2: In this section, deemed distance Relationship with Employment Relations Act 2000
22: Compliance dispute is employment relationship problem
To avoid doubt,—
a: a dispute about whether an HCS employer is complying, or has complied, with this Act is an employment relationship problem within the meaning of that term in section 5
b: the dispute must be resolved in accordance with that Act.
23: HCS employee may recover arrears
The failure by an HCS employer to pay an HCS employee an amount required by this Act, either in whole or in part, constitutes payment of wages or other money at a rate lower than that legally payable for the purposes of section 131 Record keeping
24: Record of amounts paid, qualifying travel time, and qualifying travel distance
1: An HCS employer must keep a record, for each HCS employee employed by the employer, of—
a: the amounts paid to the employee under this Act for each pay period; and
b: the qualifying travel times, qualifying distances, deemed travel times, and deemed distances used as the basis for calculating the amounts.
2: A record kept for the purposes of subsection (1) is deemed, for the purposes of the Employment Relations Act 2000 section 130 Penalty for non-compliance
25: Penalty for non-compliance
An HCS employer who fails to comply with an obligation imposed on the employer by this Act is liable to a penalty imposed by the Employment Relations Authority under the Employment Relations Act 2000 Other employers and employees unaffected
26: Other employers and employees unaffected
1: Nothing in this Act limits or affects the rights, duties, or obligations relating to payment for employment-related travel of any employer or employee (within the meaning of those terms in the Employment Relations Act 2000
2: This section is to avoid doubt. Amendments to Act by Order in Council
27: Power to amend Schedule 3
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, amend Schedule 3
a: replace the name of an HCS employer in recognition of a change in the employer’s name:
b: insert the name of an employer who begins providing home and community-based support services after 1 December 2015.
2: Before making a recommendation under subsection (1)(b), the Minister of Health must—
a: consult ACC and the Minister for ACC; and
b: obtain the consent of—
i: any unions representing 1 or more HCS employees of the employer; and
ii: any HCS employees of the employer who are not represented by a union.
3: An order made under subsection (1)(b) may apply retrospectively from the date that the HCS employer started providing home and community-based support services but only if the parties listed in subsection (2)(b) agree.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Power to amend Schedule 4
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health and the Minister for ACC,—
a: adjust the figure specified in clause 1
b: adjust the figure specified in clause 2(1)
c: adjust the figure specified in clause 3(1)
d: adjust the figure specified in clause 4
2: Before making a recommendation under subsection (1), the following parties must be consulted:
a: ACC:
b: Health New Zealand:
c: all HCS employers listed in Schedule 3
d: any unions representing 1 or more HCS employees.
3: Before making a recommendation under subsection (1)(b), the Minister of Health and the Minister for ACC must be satisfied that the adjusted figure is a fair approximation of the actual distance HCS employees would travel between clients.
4: Before making a recommendation under subsection (1)(c), the Minister of Health and the Minister for ACC must be satisfied that the adjusted figure is a fair approximation of the actual amount of time HCS employees would spend travelling between clients.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28(2)(b) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 28(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Annual review of Schedule 4
1: The Minister of Health must, on or before 30 May 2017 and every 12 months after that date,—
a: review clauses 1 2(1) 3(1) 4
b: decide whether to recommend the making of an order under section 28(1)
2: For the purpose of undertaking the review, the Minister must consult—
a: the Minister for ACC; and
b: ACC; and
c: Health New Zealand; and
d: all HCS employers listed in Schedule 3
e: any unions representing 1 or more HCS employees. Section 29(2)(c) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
3: Amendments to other Acts
30: Amendment to Minimum Wage Act 1983
1: This section amends the Minimum Wage Act 1983
2: After section 9(d)
e: employees to whom the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 applies, in respect of travel between clients (as defined in section 4 2016-02-25 Minimum Wage Act 1983
31: Amendments to Employment Relations Act 2000
1: This section amends the Employment Relations Act 2000
2: In section 5 minimum entitlements Holidays Act 2003 or the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
3: After section 161(1)(m)(iii)
iiia: under section 25
4: After section 223(1)(c)
ca: the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016; and
5: After section 236(4)(d)
da: the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016: 2016-02-25 Employment Relations Act 2000
32: Amendment to Holidays Act 2003
1: This section amends the Holidays Act 2003
2: After section 10
10A: Treatment of payments made under Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
For the purposes of sections 8, 9, and 14, the ordinary weekly pay, relevant daily pay, or gross earnings (as the case may be) of an employee—
a: includes payments made to the employee under section 14 Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
b: excludes payments made to the employee under section 19 Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 2016-02-25 Holidays Act 2003


Housing Amendment Act 2016

1: Title
This Act is the Housing Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Housing Act 1955 principal Act 2016-02-25 Housing Act 1955
4: Section 2 amended (Interpretation)
In section 2(1) Ministry
5: New section 2A inserted (Minister may exclusively administer land declared subject to this section)
After section 2
2A: Minister may exclusively administer land declared subject to this section
1: The Minister may, after notifying the Corporation and by notice in the Gazette section 2A land
2: The effect of a declaration is that the Minister, to the exclusion of the Corporation, has and may perform and exercise the functions, powers, and duties of the Corporation under this Act in respect of section 2A
3: However, sections 32 to 34 do not apply in respect of section 2A
4: The Corporation is not responsible or liable for the Minister’s performance or exercise of functions, powers, or duties under subsection (2)
5: A declaration made under subsection (1) is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
6: All amounts payable to the Crown in respect of section 2A
7: The Ministry must include in its annual report under section 43 of the Public Finance Act 1989 a report on the operations in respect of section 2A


1: Title
This Act is the Housing Corporation (Social Housing Reform) Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Housing Corporation Act 1974 principal Act 2016-02-25 Housing Corporation Act 1974
4: New section 2A inserted (Act binds the Crown)
After section 2
2A: Act binds the Crown
This Act binds the Crown.
5: Section 3B amended (Objectives of Corporation)
Insert as section 3B(b)
b: but see section 50J Part 5A
6: New Part 5A inserted
After Part 5
5A: Social housing reform
Purpose, overview, and interpretation
50A: Purpose of this Part
The purpose of this Part is to enable social housing transactions to be entered into and implemented.
50B: Overview of this Part
1: This Part—
a: gives powers to the Minister to enter into social housing transactions for and on behalf of the Corporation or subsidiary; and
b: provides for both the Minister and the Corporation to have a role in implementing social housing transactions; and
c: provides for other matters, such as delegation of the Minister’s powers, and provisions relating to liabilities.
2: Subsection (1) is only a guide to the general scheme and effect of this Part.
50C: Interpretation
In this Part, unless the context otherwise requires,— assets contract Corporation or subsidiary
a: the Corporation:
b: any 1 or more Crown entity subsidiary of the Corporation member Ministry person relevant board settled social housing reform objectives section 50D social housing transaction section 50E or 50F transaction process transfer contract section 50E transferee transitional services contract section 50F Entry into and implementation of social housing transactions
50D: Meaning and relevance of social housing reform objectives
1: The social housing reform objectives are any 1 or more of the following:
a: people who need housing support can access it and receive social services that meet their needs:
b: social housing is of the right size and configuration, and in the right areas, for households that need it:
c: social housing tenants are helped to independence, as appropriate:
d: there is more diverse ownership or provision of social housing:
e: there is more innovation and more responsiveness to social housing tenants and communities:
f: the supply of affordable housing is increased, especially in Auckland.
2: The social housing reform objectives are relevant to decisions by the Minister to enter into transfer contracts ( see section 50E
50E: Minister may enter into transfer contracts as Corporation or subsidiary
1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that provides for either or both of the following (a transfer contract
a: the transfer of ownership of assets of the Corporation or subsidiary:
b: the grant of an interest in assets of the Corporation or subsidiary.
2: A transfer contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee.
50F: Minister may enter into transitional services contracts as Corporation or subsidiary
1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that relates to any assets that are the subject of a transfer contract and that provides for either or both of the following (a transitional services contract
a: the provision of housing related services by the Corporation or subsidiary, to the transferee, on a transitional basis:
b: the provision of access to information and information technology systems and processes of the Corporation or subsidiary, to the transferee, on a transitional basis.
2: A transitional services contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee.
3: See section 50M
50G: Minister may do other things as Corporation or subsidiary relating to and to implement social housing transactions
The Minister may, for and on behalf of the Corporation or subsidiary, do anything—
a: that the Minister considers necessary or desirable in relation to the negotiation of, or entry or potential entry into, a transfer contract or a transitional services contract:
b: to effect a transfer of assets or a grant of an interest in assets under a transfer contract:
c: that the Minister otherwise considers necessary or desirable for the implementation of a social housing transaction.
50H: Provisions applying to things Minister may do
1: In acting under section 50E, 50F, or 50G
2: However, the Minister is not constrained by, and sections 50E to 50G
a: the objectives, functions, or powers of the Corporation or subsidiary:
b: the statement of intent or statement of performance expectations for the Corporation or subsidiary:
c: the constitution of any subsidiary:
d: the role, authority, powers, or duties of any relevant board:
e: anything to the contrary contained or implied in this Act, the Crown Entities Act 2004, or the Companies Act 1993:
f: any rule of law to the contrary relating to capacity or validity of acts.
3: An act of the Minister in accordance with this Part binds the Corporation or subsidiary (regardless of the capacity of the entity or entities concerned). 1993 No 105 ss 16–17, 181(2); 2004 No 115 ss 16–19, 129(2)
50I: Application of Public Works Act 1981
1: Nothing in sections 40 to 42 of the Public Works Act 1981 applies to land to be (or that may be) transferred, or to interests in land to be (or that may be) granted, under a transfer contract.
2: Subsection (1) applies despite the powers exercised (and exercisable) by the Minister under this Part.
3: Nothing in subsection (1) limits section 27(4A) Facilitation and implementation of social housing transactions
50J: Objectives of Corporation for this Part
1: The Corporation’s principal objectives for this Part are to facilitate the transaction processes and to facilitate and implement social housing transactions.
2: The Corporation’s principal objectives for this Part prevail over the Corporation’s other objectives.
50K: Functions of Corporation for this Part
1: Despite section 18(1), the Corporation’s principal function for this Part is to achieve the Corporation’s principal objectives for this Part.
2: The Corporation’s functions for this Part include—
a: performing social housing transactions:
b: taking action in relation to or in connection with social housing transactions (including action under or in relation to transfer contracts or transitional services contracts, and including action provided for in the Corporation’s current statement of intent or statement of performance expectations):
c: taking action in relation to or in connection with potential social housing transactions (including action provided for in the Corporation’s current statement of intent or statement of performance expectations):
d: any other functions conferred on it by this Part.
3: Subsection (2) does not limit subsection (1). Miscellaneous
50L: Publication of social housing transaction
1: The Minister must, as soon as practicable after a social housing transaction is settled,—
a: publish a notice in the Gazette
b: present a copy of that notice to the House of Representatives.
2: The Ministry must,—
a: as soon as practicable after the Minister’s notice is published in the Gazette
b: ensure that the notice remains on the site and accessible to members of the public at all reasonable times.
50M: Minister must notify Corporation or subsidiary of intention to enter into transitional services contract
1: The Minister must give written notice to the Corporation or subsidiary, as relevant, of the Minister’s intention to enter into a transitional services contract, at least 5 working days before entering into the contract.
2: The notice must be accompanied by a copy of the proposed contract.
50N: Minister must notify Corporation or subsidiary of social housing transaction
1: The Minister must give written notice to the Corporation or subsidiary, as relevant, as soon as practicable after entering into a social housing transaction that is, or has become, unconditional.
2: The notice must be accompanied by—
a: the 1 or more contracts that give effect to the social housing transaction; and
b: a copy of any related documents (for example, any notices given); and
c: a description of the general nature of anything else done (or anticipated to be done) under section 50G
50O: Corporation or subsidiary must supply information
1: The Corporation or subsidiary must supply to the Minister any information requested in writing by the Minister to facilitate a transaction process, or to facilitate the implementation by the Minister of a social housing transaction.
2: Subsection (1) does not apply to the extent that the supply of the information would breach the information privacy principles set out in the Privacy Act 1993.
3: The Corporation or subsidiary must supply the information as soon as practicable after receiving the Minister’s written request.
4: Section 178 of the Companies Act 1993 does not entitle a Crown entity subsidiary of the Corporation to refuse to provide information requested under this section.
50P: Method of contracting
1: The Minister may enter into a contract or other enforceable obligation in accordance with this Part, for and on behalf of the Corporation or subsidiary, by signing under the name of the entity or entities concerned.
2: A contract or other enforceable obligation entered into by the Minister for and on behalf of the Corporation under subsection (1) is deemed to be entered into in accordance with section 127(2) of the Crown Entities Act 2004.
3: A contract or other enforceable obligation entered into by the Minister for and on behalf of a Crown entity subsidiary of the Corporation under subsection (1) is deemed to be entered into in accordance with section 180(1)(a) of the Companies Act 1993. 1993 No 105 s 180; 2004 No 115 s 127
50Q: Delegation
1: The Minister may delegate all or any of the Minister’s functions and powers under this Part to the chief executive of the Ministry.
2: Section 28(2) to (7) and section 29 of the State Sector Act 1988 apply to every delegation under subsection (1) of this section as if that delegation were a delegation under section 28 of that Act and the Minister were the appropriate Minister.
3: Section 41(2) and (5) of the State Sector Act 1988 does not apply to a delegation to the chief executive of the Ministry of the Minister’s functions and powers under this Part.
4: Every person purporting to act under this Part pursuant to any delegation under section 41 of the State Sector Act 1988—
a: must produce evidence of his or her authority to do so if signing a document in the nature of a deed or if reasonably requested to do so; and
b: must otherwise, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
5: This section applies despite any enactment or rule of law to the contrary. Legal effect
50R: Legal effect of things done by Minister
1: The Corporation or subsidiary is responsible and liable for anything done, or not done, under section 50E, 50F, or 50G
2: Neither the Crown nor the Minister is responsible or liable to any person by reason of acting, or having not acted, under section 50E, 50F, or 50G
3: In subsections (1) and (2), not acted
4: Anything done, or purported to be done, under section 50E, 50F, or 50G
5: This section applies despite any enactment or rule of law to the contrary.
6: Nothing in this section affects the right of a person to apply, in accordance with the law, for judicial review.
50S: Protection from liability for board, members, individuals, etc
1: No relevant board or member, nor any office holder or employee of the Corporation or subsidiary, is liable to any person for—
a: a decision of the Minister under this Part; or
b: the exercise by the Minister of a power under section 50E, 50F, or 50G
2: The effect of this Part must be taken into account in determining the nature of the duties of each relevant board and member in respect of acts or omissions under this Part (for example, under section 51 or 56 of the Crown Entities Act 2004 and under section 137 of the Companies Act 1993).
3: The benefit of the immunity in section 121 of the Crown Entities Act 2004 extends to each director, office holder, and employee of a Crown entity subsidiary of the Corporation as if they were in the same position as a member, office holder, or employee of the Corporation in respect of the performance or intended performance of the functions of the Corporation under this Part, with any necessary modifications.
4: Section 138A(2) of the Companies Act 1993 must be read as extending to powers or duties exercised or performed in relation to this Part in a manner that the director reasonably believed would best achieve the Corporation’s principal function for this Part, even though, in other respects, it may not have been in the best interests of the Corporation or subsidiary.
5: A requirement to keep accounting records (for example, as in section 168(1) of the Crown Entities Act 2004) applies for this Part to the extent that a relevant board has actual or constructive knowledge of the matters.
6: This section applies despite any enactment or rule of law to the contrary.


1: Title
This Act is the Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Housing Restructuring and Tenancy Matters Act 1992 principal Act 2016-02-25 Housing Restructuring and Tenancy Matters Act 1992
4: Section 27 amended (Provisions relating to vesting of land)
After section 27(4)
4A: To avoid doubt, sections 40 to 42 of the Public Works Act 1981 do not apply (and have never applied) to the sale or disposal by the company of land vested in the company pursuant to this Part.