Clause 4. Interpretation

4

Interpretation

(1)

In this programme, unless the context otherwise requires,-

52-week period means the period of 52 weeks immediately preceding the date a grant is paid

accommodation, in relation to any residential premises located in New Zealand, means-

(a)

the premises an applicant occupies or intends to occupy as a home under an RTA agreement or non-RTA agreement for the provision of accommodation and may include accommodation provided under:

(i)

a tenancy agreement, as defined in section 2(1) of the Residential Tenancies Act 1986, including a tenancy agreement for social housing (unless otherwise specified):

(ii)

a flat or house sharing arrangement:

(iii)

a hire agreement or rental contract for a cabin, mobile home, or caravan:

(iv)

a lodging or boarding arrangement:

(v)

commercial accommodation such as hotels, motels, and homestays;-

(b)

but does not include accommodation in:

(i)

premises owned in part or fully by the applicant or their spouse or partner:

(ii)

tents, including tents adjoined to vehicles:

(iii)

homeless shelters:

(iv)

prisons and correctional facilities:

(v)

premises used to provide emergency or transitional accommodation for which-

(A)

a grant has been made to the applicant or their spouse or partner under the Special Needs Grant Programme for emergency housing; or

(B)

any other payment has been made by a government department for the provision of emergency or transitional accommodation to people in need of housing

accommodation agreement means an agreement between the applicant and an accommodation supplier for accommodation

accommodation costs in relation to an applicant who has-

(a)

a non-RTA agreement, means the amount payable by the applicant for accommodation under the agreement that is repeated and regular, or as a lump sum, and includes service costs where they cannot be separated from the rest of the amount; or

(b)

an RTA agreement, means rent as defined in section (2)(1) of the Residential Tenancies Act 1986

accommodation supplier in relation to an applicant, means a person, or their agent who is, has, or will provide accommodation and includes, where applicable, a landlord as defined in section 2(1) of the Residential Tenancies Act 1986

Act means the Social Security Act 2018

agency has the same meaning as in section 2(1) of the PaCHMA

alternative housing means accommodation provided under an RTA agreement, but does not include social housing

applicant means-

(a)

a person applying for assistance under this programme; or

(b)

a person on whose behalf an application for assistance is made

bond has the same meaning as in section 2(1) of the Residential Tenancies Act 1986

income has the same meaning as in Schedule 2 of the Act, and also includes any New Zealand Superannuation or Veteran's Pension payable to the applicant or their spouse or partner

increase in rent means an increase in rent as required under section 24 of the Residential Tenancies Act 1986

moving cost-

(a)

means the cost of moving general household goods where the applicant is responsible or partly responsible for the cost of moving those goods into accommodation, including:

(i)

furniture:

(ii)

appliances:

(iii)

personal effects and belongings; and

(b)

does not include costs related to the transport of a person

non-RTA agreement means an accommodation agreement that the Residential Tenancies Act 1986 does not apply to

outstanding accommodation costs and expenses means accommodation costs that the applicant is liable to pay the accommodation supplier at the termination of their accommodation agreement, under the terms of the accommodation agreement or by an order made by the Disputes Tribunal, Tenancy Tribunal, or court, and also includes:

(a)

accommodation costs arrears:

(b)

the cost of making good any damage to the property that the applicant is liable for:

(c)

the cost of storage or disposal of the applicant's abandoned personal effects and personal belongings:

(d)

the cost of any claims relating to the accommodation agreement

PaCHMA means the Public and Community Housing Management Act 1992

RTA agreement means an accommodation agreement that the Residential Tenancies Act 1986 applies to

service costs has the same meaning as in section 65AAA of the Act

shared accommodation is accommodation with 2 or more occupants who are named on the accommodation agreement where at least one of those occupants is not the applicant's spouse or partner

social housing and social housing provider have the same meanings as in section 2(1) of the PaCHMA

tenant has the same meaning as in section 2(1) of the Residential Tenancies Act 1986, and includes a person who has been vested a tenancy by way of a tenancy order made by the court (including but not limited to under section 122 of the Family Violence Act 2018 and section 28 of the Property (Relationships) Act 1976)

universal entrance criteria means the criteria in clause 6 of this programme

(2)

Terms otherwise used in this programme that are defined in Schedule 2 of the Act have the same meanings in this programme.