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.

Ministerial Direction on Application of Reviews of Continued Eligibility for Social Housing Amendment 2024

Gazette notice:
Number 2024-sl758, dated 23 February 2024

Effective date: 22 March 2024

This instrument, which comes into effect on the 28th day after its publication in the Gazette, amends the Ministerial Direction on Application of Reviews of Continued Eligibility for Social Housing. It amends the classes of tenants whose eligibility may be reviewed, to include tenants who at the time they are assessed for eligibility for review, have been let their current social housing for three years or more and are paying market rent for that social housing. It also amends clause 6(2) to improve its readability. It also makes minor editorial corrections.

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 on Application of Reviews of Continued Eligibility for Social Housing

Gazette notice:
Number 5461, dated 1 November 2018

Effective date: 29 November 2018

This direction, which generally comes into force on the 28th day after its publication in the New Zealand Gazette, sets out the classes of people whose continued eligibility for social housing may be reviewed, and the classes of people who are otherwise exempt from review. Clause 8 updates references to provisions of the Social Security Act 1964 to corresponding provisions of the Social Security Act 2018 when that Act comes into force on 26 November 2018. This direction is a disallowable instrument for the purposes of the Legislation Act 2012.