Housing Act 1955

2A: Minister may exclusively administer land declared subject to this section

You could also call this:

"The Minister can take control of some State housing land and make decisions about it."

Illustration for Housing Act 1955

The Minister can decide to take care of some State housing land. You need to know that the Minister will tell Kāinga Ora–Homes and Communities and put a notice in the Gazette before making this decision. The Minister will then be in charge of this land, and Kāinga Ora–Homes and Communities will not be responsible for it. The Minister's decision means they will have all the powers and duties that Kāinga Ora–Homes and Communities normally have over this land. However, some parts of the Housing Act, such as sections 32 to 34, will not apply to this land. Kāinga Ora–Homes and Communities will not be responsible for what the Minister does with this land. When the Minister makes this decision, it is called a declaration, and it must be presented to the House of Representatives. The declaration is not a legislative instrument, but it must follow the rules in the Legislation Act 2012. Any money that is owed to the government from this land must be paid into a Crown Bank Account. The Ministry will also have to report on what happens with this land each year, as part of their annual report under section 43 of the Public Finance Act 1989. This report will help keep track of what is happening with the land that the Minister is taking care of. You can find more information about this in the Legislation Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6754214.

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2: Interpretation, or

"What special words mean in the Housing Act 1955"


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3: Powers of Minister in relation to State housing, or

"The Minister decides on land and housing for State homes"

2AMinister may exclusively administer land declared subject to this section

  1. The Minister may, after notifying Kāinga Ora–Homes and Communities and by notice in the Gazette, declare any State housing land or class of State housing land (including any dwellings, other buildings, and chattels on that land) to be land that is subject to this section (section 2A land).

  2. The effect of a declaration is that the Minister, to the exclusion of Kāinga Ora–Homes and Communities, has and may perform and exercise the functions, powers, and duties of Kāinga Ora–Homes and Communities under this Act in respect of section 2A land.

  3. However, sections 32 to 34 do not apply in respect of section 2A land.

  4. Kāinga Ora–Homes and Communities 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 land (including all amounts that, if this Act had not been passed, would have been payable into the Housing Account (if any)) must be paid to a Crown Bank Account.

  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 land for the relevant financial year.

Notes
  • Section 2A: inserted, on , by section 5 of the Housing Amendment Act 2016 (2016 No 3).
  • Section 2A(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 2A(2): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 2A(4): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).