List of amendments

Source

Notes

Instrument amending Ministerial Directions (Modernisation - Automated Decision-Making - End of School Year) 2026

Gazette notice:
Number 2026-sl4413, dated 7 August 2026

Effective date: 4 September 2026

This instrument, which comes into force on 4 September 2026, amends three Ministerial directions under the Public and Community Housing Management Act 1992 in response to the amendments made through the Social Security (Modernisation) Amendment Act 2026 (Modernisation Act). The Ministerial Directions that are being amended are set out in Schedule 1 of this instrument.

The instrument inserts a new definition of dependent child into the specified Ministerial Directions to reflect policy changes for the end of school year review process under the Modernisation Act. Under this process, a dependent child is excluded from being included in a caregiver's benefit or special assistance once the child turns 18, unless the caregiver confirms (and the Ministry of Social Development is satisfied) that the child is not financially independent and is in school or tertiary education. The child will then continue to be included in the caregiver's benefit or special assistance until the earlier of the child being financially independent, leaving school or tertiary education, or until 31 December following the child's 18th birthday.

The instrument incorporates the above policy changes into the specified Ministerial Directions by amending the definition of dependent child in each Direction. Under the new definition, the agency can include an 18 year old child as a dependent child for the purposes of a person's eligibility or continued eligibility to social housing, if either of the following circumstances apply:

• the person has an 18 year old child included in their benefit or special assistance as a dependent child under the relevant end of school year provisions of the Social Security Act 2018, or
• the person does not receive a benefit or special assistance under the Social Security Act to which the relevant end of school year provisions apply, but they have an 18 year old child who would meet the same criteria to be included as a dependent child in a benefit or special assistance (if those provisions did apply), in that the child is not financially independent and is in school or tertiary education.

These amendments ensure that the Ministerial Directions continue to operate as intended following the changes made by the Modernisation Act.

The instrument also amends the residential qualification for social housing, by removing a person's ability to meet this qualification because they are eligible for, and receiving a payment under, the Christchurch Mosques Attack Welfare Programme. This residential qualification is no longer available, as the Christchurch Mosques Welfare Programme expired on 30 June 2024.

Instrument amending Ministerial Directions - Social Housing 2025

Gazette notice:
Number 2025-sl6999, dated 3 December 2025

Effective date: 2 March 2026

This instrument, which comes into force on 2 March 2026, amends two Ministerial directions made under the Public and Community Housing Management Act 1992 in response to the amendments made through the Social Assistance Legislation (Accommodation Supplement and Income-related Rent) Amendment Act 2025 (the Amendment Act) which also comes into force on 2 March 2026.

This instrument amends the Ministerial directions to ensure that the amendments in the Amendment Act regarding the treatment of payments from boarders and renters and the new process for calculating accommodation income are appropriately captured in the Ministerial directions.

To achieve this, the following amendments are required to each of the Ministerial directions:

• insertion and amendments to relevant definitions to ensure they operate as intended;
• excluding both accommodation income and 38% of any amount received by a person for board and lodging from the definition of ‘income', to ensure that board and rent received is treated consistently with contributions from additional residents; and
• including weekly accommodation income in Step 2 of the Calculation of Affordability Formula, to ensure that the Affordability Formula is consistent with how accommodation income will be treated when calculating the rate of accommodation supplement from 2 March 2026.

Instrument amending Ministerial Directions - Social Housing 2023

Gazette notice:
Number 2023-sI3778, dated 16 August 2023

Effective date: 22 August 2023

This instrument, which comes into force on 22 August 2023, amends multiple Ministerial directions made under the Public and Community Housing Management Act 1992 to give effect to the Child Support (Pass on) Acts Amendment Act 2023.

This instrument amends the Ministerial directions to confirm that the Ministry of Social Development may review a person's continued eligibility for social housing:

• based on a change in circumstances disclosed under section 115A of the Public and Community Housing Management Act 1992 (in relation to an information share child support payment); and
• if a person fails to advise the Ministry of Social Development of a change in circumstances (in relation to an information share child support payment) under section 115A(2)(b) of that Act.

The amendments also make minor editorial corrections, change the definition of cash assets, and update references to the Domestic Violence Act 1995 which has been replaced by the Family Violence Act 2018.

Ministerial Direction - Social Housing Amendments 2020

Gazette notice:
Number 3646, dated 11 August 2020

Effective date: 2 November 2020

This instrument, which comes into force on 2 November 2020, amends the principal directions to expand the categories of people who meet the residential qualification tests that apply under each direction. It also updates references to statutes that have been amended or replaced.

Instrument Amending Ministerial Directions Under the Housing Restructuring and Tenancy Matters Act 1992

Gazette notice:
Number 5631, dated 12 November 2018

Effective date: 19 October 2018

This instrument, which comes into force on the day after that date it was made, amends the Ministerial Directions on Eligibility and Continued Eligibility for Social Housing given under the Housing Restructuring and Tenancy Matters Act 1992 (the Act). The amendments clarify that references to a person's income are references to the person's assessable income as defined in section 108 of the Act.

Instrument Amending Ministerial Directions on Eligibility for Social Housing 2015

Gazette notice:
Number 7175, dated 10 December 2015

Effective date: 25 January 2016

This instrument, which comes into force on 25 January 2016, amends the Ministerial Directions on Continued Eligibility for Social Housing and Eligibility for Social Housing respectively. The amendments apply to people who decline an offer to be let social housing by a social housing provider without a good and sufficient reason. The Social Housing Agency must review their continued eligibility for social housing and for the purpose of that review, the person must be considered to not have a persistent housing need that is serious or severe. The decline continues to be taken into account as a material factor for any subsequent assessment of eligibility for social housing within a period of 13 weeks, along with any material change of circumstances. The amendments also set out examples of good and sufficient reason, and what the Social Housing Agency must do before making a final determination on whether a person had a good and sufficient reason for declining the offer. This instrument is a disallowable instrument for the purposes of the Legislation Act 2012.