In this Act, unless the context otherwise requires,—
Board
[Repealed]
Board: this definition was omitted, as from 19 October 1965, by section 45(2) State Advances Corporation Act 1965 (1965 No 47).
Corporation means Housing New Zealand Corporation
Corporation: this definition was substituted, as from 14 October 1974, by section 50(1) Housing Corporation Act 1974 (1974 No 19).
Corporation: this definition was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words “Housing New Zealand Corporation” for the words “the Housing Corporation of New Zealand”.
District means a district of a local authority
District: this definition was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Dwelling means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith; but does not include the land appurtenant to a dwelling
local authority means a territorial authority within the meaning of the Local Government Act 2002
Local authority: this definition was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Minister means the Minister of Housing
Owner, in relation to any land in respect of which there is registered an easement certificate issued under section 25 of this Act, means the person (including the Crown) for the time being entitled to the rack rent thereof or who would be so entitled if the land were let at a rack rent; and does not include the Crown in any case where any agreement for sale or licence to occupy under section 16 or section 17 of this Act is for the time being in force in respect of the land
Pipe line means any system of pipes for the passage or disposal of water or storm water or sewage; and includes a septic tank system and a communal water supply system
State housing land means land that is for the time being held or set apart for State housing purposes; and includes land that at any material date was held or set apart for the purposes of Part 1 of the Housing Act 1919
State housing purposes means the erection, acquisition, or holding of dwellings and ancillary commercial buildings by the Crown under this act for disposal by way of sale, lease, or tenancy; and includes the acquisition of land by the Crown—
(a)
As sites for dwellings and ancillary commercial buildings:
(b)
For schemes of development and subdivision into sites for dwellings:
(c)
For motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works upon or for the benefit of the land so acquired or the occupiers thereof:
Acquisition or acquire, in relation to any land, includes the taking or setting apart of the land under the Public Works Act 1928, and its vesting pursuant to any Act, and its purchase, leasing, or acquisition in any other manner whatsoever
Reference to any motorway, road, street, access way, or service lane shall be deemed to include every carriage way, cycle track, bridge, culvert, kerb, drain, channel, footway, crossing, fence, barricade, entrance thereto, exit therefrom, or other thing belonging thereto, or lying upon the line or within the limits of the land having that status.
(2)
While an agreement for sale under section 16 of this Act remains in force in respect of any land, the land shall be deemed not to be State housing land. If any such agreement is rescinded, the land (if then belonging to the Crown) shall thereupon be deemed to be State housing land.
Compare: 1919 No 32 s 2; 1940 No 14 s 2; 1953 No 115 s 14
The Minister may from time to time determine either generally or in any particular case what land or classes of land may be acquired for State housing purposes and the general scheme of development thereof, the number and classes of dwellings and ancillary commercial buildings to be constructed, and any other matters of State housing policy.
3A
Relationship to Resource Management Act 1991
Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991.
Section 3A was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
4-
Crown land may be set apart for State housing purposes
(1)
The Minister of Lands may from time to time, by notice in the Gazette, set apart as State housing land any Crown land within the meaning of the Land Act 1948.
(2)
All land which immediately before the commencement of this Act was held or set apart for the purposes of Part 1 of the Housing Act 1919 shall be deemed to be State housing land at the commencement of this Act.
Compare: 1919 No 32 s 9
5-
Power to take land for State housing purposes
The Governor-General may take under the Public Works Act 1928 any land required for State housing purposes:
Provided that no Maori land shall be taken for State housing purposes without the consent of the Minister of Maori Affairs.
Compare: 1936 No 58 s 32
6-
Power to purchase land, dwellings, etc, for State housing purposes
(1)
There may from time to time be purchased or taken on lease, out of money appropriated by Parliament for the purpose or (subject to any direction of the Minister) out of money received by the Corporation under subsection (1) of section 32 of this Act, such land, dwellings, buildings, and chattels as may be required for State housing purposes.
(2)
Any lease which is taken as aforesaid may be for such term of years, at such rent, and on such terms and conditions as to payment of rent, renewals, compensation for improvements, purchase of outstanding interests of the lessor, and other matters, as may be determined by the Minister or by the Corporation subject to his direction.
Compare: 1919 No 32 s 10; 1920 No 49 s 2; 1943 No 3 s 2(4)
7-
Land, etc, to be acquired in name of Crown
All land, dwellings, buildings, and chattels acquired as aforesaid for State housing purposes shall be acquired in the name and on behalf of the Crown.
The cost of doing all or any of the following may be paid or contributed to out of money appropriated by Parliament for the purpose, namely:
(a)
Surveying and subdividing any State housing land:
(b)
Developing any State housing land as sites for all types of buildings which are desirable for the general residential development of the area:
(c)
Laying out and constructing works upon or for the benefit of any State housing land or the occupiers thereof, including motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, and river and flood protection works.
9-
Power to erect and repair dwellings
(1)
The Minister, from time to time out of money appropriated by Parliament for the purpose, may cause dwellings and ancillary commercial buildings to be erected for State housing purposes on any State housing land, and may cause any dwelling or building on any such land to be demolished or rebuilt.
(2)
The Minister or the Corporation may from time to time alter, enlarge, repair, or otherwise improve any dwelling or building on any State housing land.
Compare: 1919 No 32 s 11; 1943 No 3 s 2(4)
10-
[Repealed]
The original section 10 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Section 10 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
11-
Vesting of roads, streets, etc
(1)
The Governor-General may, by Order in Council published in the Gazette, declare that any road, street, access way, or service lane, laid out or constructed under this Part of this Act within a district shall be vested in the territorial authority of the district and be under the control and management of that authority, and thereupon the road, street, access way, or service lane and the soil thereof and all materials of which it is composed shall be deemed to be vested in the authority in fee simple.
(2)
Subject to the Resource Management Act 1991, but notwithstanding anything to the contrary in the Public Works Act 1981 or the Local Government Act 1974, it shall be lawful for any local authority to consent under sections 114, 116, 117, 119 or 120 of the Public Works Act 1981 to the proclaiming of any land as a road or street of a width less than 12 metres if the land is State housing land or if the road or street is required to provide access to any State housing land or land subject to an agreement for sale or licence to occupy under section 16 or section 17 of this Act.
Section 11 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Subject to the Resource Management Act 1991” for the words “Subject to the Town and Country Planning Act 1977”.
References in section 10 to the “Public Works Act 1981” have been substituted, without specific authority, for the provisions of the repealed “Public Works Act 1928”.
12-
[Repealed]
Section 12 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
This subsection amended s 167(1A) of the Land Act 1948.
Subsection (1) was repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).
14-
Power to hold and dispose of shares in company formed to erect flats
The Corporation may from time to time, upon such terms as it thinks fit, acquire, hold, and dispose of shares and other rights in any company or organisation formed with the object of acquiring State housing land for the purpose of erecting thereon living accommodation comprising 2 or more separate flats or apartments or with the object of purchasing State housing land on which such living accommodation has been erected.
Disposal of State housing land
15-
Disposal of State housing land by sale or lease
Subject as hereafter provided in this Act, any State housing land and any buildings or chattels held for State housing purposes may be disposed of by way of sale, lease, or tenancy by the Corporation.
Compare: 1919 No 32 ss 12, 25; 1937 No 20 s 6
16-
Sale of State housing land
(1)
Subject to any direction of the Minister, any State housing land may be sold for cash or under an agreement for sale in such manner, at such price, and on such terms and conditions as the Corporation thinks fit.
(2)
Without limiting the power of the Corporation to fix the selling price or the terms and conditions of sale in connection with any such sale, it is hereby declared that the Corporation may—
(a)
Allow discount at such rate as it thinks fit on any money so paid in excess of a minimum deposit, and on any principal money paid in respect of the selling price in excess of the payments of principal for the time being due in respect of the sale:
(b)
Allow the remission of the whole or any part of the unpaid balance of the selling price on the death of the purchaser or of any other specified person whom the Corporation considers to be the wage earner of the purchaser's household before the purchaser or specified person attains an age to be fixed by the Corporation in consideration of a payment of such amount, or of an increase of the selling price by such amount, as the Corporation may determine:
(c)
Make the sale conditional on the land not being sold within a specified period fixed by the Corporation without the land being offered to the Crown at a price to be agreed upon or determined by arbitration:
(d)
Make the sale conditional on the purchaser remaining the sole owner of the land for a specified period fixed by the Corporation, and on the purchaser residing and making his home in a dwelling erected on the land and not parting with the possession of it during that period; and may permit these conditions to be fulfilled, in the event of the purchaser's death, by a specified member of the purchaser's household approved by the Corporation either at the time of sale or subsequently:
(e)
Allow a reduction of the rate of interest on the whole or any part of the purchase price, and a remission of interest on such part of the purchase price as the Corporation thinks fit, while the terms and conditions of the sale or any specified terms and conditions are being fulfilled:
(f)
Allow a remission of part of the purchase price if the terms and conditions of the sale or any specified terms and conditions are complied with for such period as may be fixed by the Corporation:
(g)
Accept as security for any part of the purchase price a mortgage in favour of the Crown.
Compare: 1950 No 93 s 23
Subsection (2)(g) was inserted, as from 23 December 1980, by section 2 Housing Amendment Act 1980 (1980 No 114).
Where any State housing land has been sold (whether before or after the commencement of this Act) and at the date of the sale the land had a dwelling thereon, then, if after all principal, interest, and other money payable in consequence of the sale have been paid in full the Corporation is unable to confer on the purchaser a title to the land under the Land Transfer Act 1952 on account of roads not having been dedicated, surveys not having been completed, or any other reason, the Corporation may issue to the purchaser a licence to occupy the land in such form as the Corporation thinks fit.
Compare: 1950 No 93 s 24
18-
Registration of agreements and licences
(1)
Notwithstanding anything to the contrary in the Land Transfer Act 1952, an agreement for sale or a licence to occupy under section 16 or section 17 of this Act may be registered under the Land Transfer Act 1952 by constituting it a folium of the register book; and the same registration fee shall be payable on any such agreement or licence as on a memorandum of lease.
(2)
Any such agreement or licence may describe the land comprised therein by reference to the plan thereof held by the Corporation as well as by any other mode of description; and, where a copy of that plan is deposited in the Land Registry Office of the district where the land is situated or a plan of the land is endorsed on the agreement or licence, the district Land Registrar for that district shall register the agreement or licence notwithstanding that a plan of the land has not been deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952.
(3)
Where a plan of the land in any such agreement or licence has not been deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952, he may, after constituting the agreement or licence a folium of the register book, endorse thereupon the words “Limited as to parcels”; and where a registered agreement or registered licence is so endorsed it shall have the same effect as if it were registered against a certificate of title limited as to parcels under Part 12 of the Land Transfer Act 1952.
(4)
Where a plan is deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952 in respect of the land comprised in any such agreement or licence which is limited as to parcels, the District Land Registrar shall, if necessary, without payment of any further fee, correct the description of the land by making an appropriate endorsement on the folium of the register book constituted by the agreement or licence and shall endorse that folium to show that the agreement or licence is no longer limited as to parcels.
(5)
Where any such agreement or licence has been registered as aforesaid (whether before or after the commencement of this Act), every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under this section, and subject to the provisions of section 37 of this Act, as a similar transfer, mortgage, lease, transmission, or disposition of a registered lease.
(6)
The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement or licence, as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land.
(7)
The covenants, conditions, and restrictions contained or implied in any such agreement or licence registered under this section, and the amount of or allocation of the purchase price or the rate or rates of interest payable thereon, may from time to time be varied by a memorandum of variation thereof signed by the Corporation and the purchaser or licensee for the time being and registered in a form approved by the District Land Registrar. The same registration fee shall be payable on any such memorandum of variation as on a memorandum of extension of a lease. If the land affected by the memorandum of variation is at the time of registration thereof subject to any mortgage, then, except where that mortgage is in favour of the Corporation, the memorandum shall not be binding on the mortgagee unless he has consented thereto in writing upon the memorandum.
(8)
Where the Corporation lawfully rescinds or the purchaser surrenders or partially surrenders any such agreement or licence which has been registered under this section, the Corporation may send a notice of rescission or surrender to the District Land Registrar, who, without further notice or inquiry and without fee, shall enter a memorial thereof upon the register.
(9)
Where the purchaser's estate or interest under any such registered agreement or under any such registered licence is subject to any registered encumbrance, lien, or other interest, the District Land Registrar, before issuing a certificate of title under the Land Transfer Act 1952 in respect of the land, shall make all entries necessary to record on the certificate of title every existing registered encumbrance, lien, and interest, in the order of their registered priority; and the purchaser's estate or interest in the land shall be subject to every such encumbrance, lien, and interest as if it had been created in respect of that estate.
Subject to the Residential Tenancies Act 1986 and to any general directions of the Minister, every lease or tenancy granted by the Corporation of State housing land shall be on such terms, at such rent, and otherwise as the Corporation may stipulate.
Section 19 was substituted, as from 1 February 1987, by section 144(3) Residential Tenancies Act 1986 (1986 No 120).
19A
Special provisions applying to rent payable under leases and tenancies of State housing land
(1)
Notwithstanding anything in this Act, the Residential Tenancies Act 1986, any other enactment, or rule of law, for the purposes of determining the rent payable under a lease or tenancy granted by the Corporation in respect of State housing land, whether before or after the commencement of the Housing Amendment Act 1992 and whether or not the land or the lease or tenancy has been vested in Housing New Zealand Limited pursuant to the Housing Restructuring and Tenancy Matters Act 1992,—
(a)
No term or condition shall be taken to be implied in the lease or tenancy, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined:
(b)
No effect shall be given to any representation made by or on behalf of the Corporation, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined.
(2)
Nothing in subsection (1) of this section shall be taken as imposing any liability on the Crown or the Corporation to pay compensation to any person.
Section 19A was inserted, as from 18 August 1992, by section 2(1) Housing Amendment Act 1992 (1992 No 77).
Subsection (1) was amended, as from 1 July 2006, by section 5(2)(a) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting the words “and Tenancy Matters” after the word “Restructuring”.
20-
[Repealed]
Section 20 was repealed, as from 1 February 1987, by section 144(3) Residential Tenancies Act 1986 (1986 No 120).
