620 NEW ZEALAND GAZETTE, No. 23 3 MARCH 2011

(a) repair to or refurbishment of:

(i) any building comprising the premises or in which the premises are located; or

(ii) the land on which the premises are located;
or

(iii) any infrastructure required to provide essential services to the premises;

(b) demolition and rebuilding of any building comprising the premises or in which the premises are located.

specified trust means a trust (whether created by will or deed of trust or otherwise) whose trustees own any place occupied (or normally occupied) as a home by a beneficiary of the trust.

temporary accommodation costs, in relation to a person, means the costs of any temporary accommodation for the person and the members of his or her family who usually reside with the person being either:

(a) in relation to premises temporarily rented by the person, the amount paid for rent of the premises, excluding any service costs included in that rent and any arrears; or

(b) in relation to premises in a which the person is a temporary boarder or lodger, the amount paid for board or lodgings (excluding any arrears); or

(c) in relation to any other person, the costs of short-term accommodation in a holiday park, motel, hotel, or serviced apartment (excluding any arrears).

temporary accommodation assistance or assistance means the special assistance under clause 8(2) of this programme.

(2) Terms otherwise defined in sections 3(1) and 61E of the Act have the same meanings in this programme.

(3) A reference in this programme to the expiry of a person’s insurance cover for temporary accommodation is a reference to the expiry of the period for which the person’s insurance company paid for the person’s temporary accommodation, irrespective of the amount or form of that payment.

6. Application of the Act—(1) Sections 12, 61EB, 62, 63, 63A, 74, 74A, 76, 77, 80A, 81, 82 (except 82(6) to 82(6D)), 84, and 86J apply to the following as if temporary relocation assistance under this programme were a benefit under the Act:

(a) this programme;

(b) an applicant;

(c) the spouse or partner of an applicant.

(2) Nothing in subclause (1) limits the application of any other provision of the Act.

7. Application requirements—Temporary accommodation assistance must not be granted to an applicant unless the department has received:

(a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive’s satisfaction; and

(b) any supporting evidence reasonably required by the chief executive.

8. Temporary accommodation assistance—(1) Subclause (2) applies to a person if the chief executive is satisfied that:

(a) either:

(i) the person has been required to vacate any affected premises because the premises are uninhabitable and the person cannot reoccupy the premises until remediation work is carried out; or

(ii) the person is or has been required to temporarily vacate any affected premises to enable remediation work to be carried out;

and

(b) the person intends or, in the case of premises owned by the trustees of a specified trust, the trustees intend to have remediation work carried out in respect of the affected premises; and

(c) the person is incurring costs in respect of his or her temporary accommodation in respect of the period that he or she has been required to vacate the affected premises; and

(d) either:

(i) the person’s insurance cover for temporary accommodation has expired; or

(ii) the person did not have insurance cover in respect of the affected premises or for temporary accommodation while the affected premises are uninhabitable or remediation work is being carried out, and has exceptional circumstances to justify the provision of financial assistance.

(2) The chief executive may grant an applicant to whom this subclause applies, from a date and for a period the chief executive determines, temporary accommodation assistance to assist in meeting the applicant’s temporary accommodation costs if the chief executive is satisfied that the applicant:

(a) intends to resume occupation of the affected premises as his or her home as soon as remediation work is carried out; and

(b) is not receiving, and his or her spouse or partner is not receiving, an accommodation supplement or an accommodation benefit in respect of his or her temporary accommodation costs; and

(c) has taken all reasonable steps to minimise the person’s liability to pay temporary accommodation costs and the amount of those costs.

(3) Subclause (2) is subject to clause 10.

(4) In determining whether an applicant referred to in subclause (1)(d)(ii) has exceptional circumstances, the chief executive must without limitation have regard to the following matters:

(a) The reasons that the applicant has no insurance cover in respect of the affected premises or for temporary accommodation, or for both;

(b) the financial position of the applicant and his or her spouse or partner (if any);

(c) whether the applicant has any alternative to incurring temporary accommodation costs while absent from the affected premises;

(d) the source of the financing of the remediation work in respect of the affected premises.

9. Rates of temporary accommodation assistance—The amount of temporary accommodation assistance granted under clause 8(2) is:

(a) For a person who is married or in a civil union or in a de facto relationship and has 1 or more dependent children, or for a sole parent with 2 or more dependent children, $330.00 a week;

(b) for a person who is married or in a civil union or in a de facto relationship and has no dependent children and, or for a sole parent with 1 dependent child, $275.00 a week;