NEW ZEALAND GAZETTE, No. 135 — 10 DECEMBER 2015

(2) In clause 3, insert as subclause 3.2:

3.2 Terms used in this direction and not defined in this clause but defined in section 2 of the Act have the same meanings in this direction.

5. Clause 7 amended (Housing need)

After clause 7.2, insert:

7.3 Clause 7.4 applies to a person who has been assessed by the agency as eligible for social housing and who the agency has referred or allocated to a social housing provider.

7.4 If the person declines an offer by the social housing provider to be let social housing without, in the opinion of the agency, a good and sufficient reason, the agency must review the person’s eligibility for social housing under section 117 of the Act and for the purpose of that review, the person must be considered to not have a persistent housing need that is serious or severe.

7.5 Clause 7.4 is subject to clauses 7.6 to 7.7.

7.6 The agency must not make a determination under clause 7.4 that the person’s declining of the offer is without a good and sufficient reason unless it has given the person, where practicable, in a manner and in language that the person understands—

(a) advice on the consequences of declining an offer without a good and sufficient reason, including how the person’s eligibility for social housing will be assessed if the person applies again to be assessed as eligible to be allocated social housing within a period of 13 weeks after declining the offer; and

(b) if the person has given reasons for declining the offer, the agency’s preliminary view that the person’s reasons are not good and sufficient; and

(c) a further opportunity to provide any alternative or additional reasons before the agency makes a final determination; and

(d) advice on the person’s rights of appeal of the agency’s final determination under section 133 of the Act.

7.7 For the purpose of clause 7.4, a person has a good and sufficient reason for declining an offer to be let social housing if the person’s reason is—

(a) the premises to which the offer relates (the offered premises) do not meet the needs (as assessed by the agency) of the person or any person included in the offer in terms of any of the following:

(i) number of bedrooms:

(ii) design and layout:

(iii) features required to meet the needs of the disabled, children or the elderly:

(iv) fencing:

(v) the proximity and accessibility of—

(A) essential services (for example, medical services, public transport, and (where appropriate) schools and early childhood education):

(B) any workplace of a person described in clause 7.8; or

(b) accepting the offer would or might have an adverse effect on the health, well-being, or safety of the person or any person included in the offer; or

(c) the offered premises are unsuitable because any order of or conditions imposed by any court or bail conditions (within the meaning of the Bail Act 2000) or release conditions (within the meaning of the Parole Act 2002) would prevent the person or any person included in the offer from residing in the premises; or

(d) the person was not offered the opportunity to view the interior of the offered premises before deciding whether to accept the offer; or

(e) any other reason that the agency considers is a good and sufficient reason.

7.8 In clause 7.7, person included in the offer, in relation to the offered premises, means a person who, when the offer was made, the agency contemplated would be residing in the offered premises with the person to whom the offer was made and who is or would be or would have been any of the following:

(a) an applicable person in respect of the offered premises:

(b) a dependent child (within the meaning of section 3(1) of the Social Security Act 1964 read in the light of section 63A of that Act) of the person or of any person included in the offer:

(c) an additional resident of the offered premises.

Part 2—Amendments to Ministerial Direction on Eligibility for Social Housing