NEW ZEALAND GAZETTE, No. 54 — 16 JUNE 2016

Instrument

1. Title—This instrument is the Instrument Amending the Special Needs Grants Programme 2016.

2. Commencement—This instrument comes into force on 1 July 2016.

3. Principal programme—This instrument amends the Special Needs Grants Programme (as established and approved on 18 December 1998¹) ("principal programme").

4. Clause 3 amended (Interpretation)—(1) In clause 3.1, insert in its appropriate alphabetical order:

   Emergency Housing means premises that are intended to be used as temporary accommodation by people who have no usual place of residence or who are unable to stay in their usual place of residence (whether also used as temporary accommodation by other people).

5. Clause 9 amended (Restriction on Payments)—In clause 9.6, replace "under clause 17" with "under clause 14A, clause 17,".

6. Clause 14 amended (Other emergency grants)—In clause 14.1, after "or service", insert "other than Emergency Housing".

7. New Clause 14A inserted (People in need of Emergency Housing)—After the Part 5 heading, insert:

   14A People in need of Emergency Housing

   14A.1 The chief executive may make a Grant to an Applicant for the supply of Emergency Housing that the chief executive considers adequate to meet the needs of the Applicant and his or her Immediate Family (an emergency housing grant) if the chief executive considers that the Applicant has an immediate emergency housing need, and that not providing the Grant would—

   a. worsen the Applicant’s position;

   b. increase or create any risk to the life or welfare of the Applicant or the Applicant’s Immediate Family; or

   c. cause serious hardship to the Applicant or the Applicant’s Immediate Family.

   14A.2 Despite clauses 7.1 and 8.1, the chief executive may make an emergency housing grant to an Applicant whose income or cash assets exceed the appropriate limit set out in those clauses if the chief executive considers that the Applicant is in exceptional circumstances.

   14A.3 An emergency housing grant must be for no more than 7 days of Emergency Housing.

   14A.4 Despite clause 14A.3, the period of an emergency housing grant may be extended for one or more further periods of not more than 7 days each if the chief executive considers that the Applicant is in exceptional circumstances.

   14A.5 The amount of an emergency housing grant must not exceed the actual and reasonable costs of the Emergency Housing including the amount of any bond required by the provider of the Emergency Housing whether that amount exceeds the limits in clause 9.4.

   14A.6 An emergency housing grant is recoverable—

   a. to the extent of the amount of any bond included in it that is not used by the Applicant for the Emergency Housing that the chief executive considered to be adequate under clause 14A.1:

   b. if the chief executive considers that—

   i. the Applicant has failed to make a reasonable effort in the circumstances to access other sources of assistance; or

   ii. if the Grant is the second or subsequent emergency housing grant made to the Applicant within a 52-week period, the Applicant has unreasonably contributed to the existence of the immediate emergency housing need.

   14A.7 In this clause, an Applicant has an immediate emergency housing need if, on the date on which the Application is made or during some or all of the following 7-day period, the Applicant—

   a. cannot remain in his or her usual place of residence (if any); and

   b. will not have access to other accommodation that, in the opinion of the chief executive, is adequate for the needs of the Applicant and the Applicant’s Immediate Family.

   14A.8 In this clause, bond means any sum of money required by the provider of the Emergency Housing as security against any loss arising from damage or a failure by the Applicant to observe and perform the Applicant’s obligations under the agreement for the provision of the Emergency Housing, and which is intended to be refunded if no such loss occurs (or to be refunded to the extent that the amount of the bond exceeds the amount of the loss).

8. Clause 15 amended (Re-establishment costs)
   Before clause 15.1 insert: