sep 17, 2008 - Affordable Housing: Enabling Territorial Authorities Act

Description:

The Affordable Housing: Territorial Authorities Enabling Act 2008 enabled territorial authorities, based on evidence of affordable housing need and the development of an affordable housing policy, to require developers to make an affordable housing contribution of either houses, land, payment in lieu, or a mix of these.

The Act defined affordable housing as housing that:
• is for persons living in households that—
(i) have low to moderate income; and
(ii) have no, low, or moderate legal or beneficial interests in property; and
• is priced so that the persons are able to meet—
(i) their housing costs; and
(ii) their other essential basic living costs; and
• is within the regulatory criteria for determining what affordable housing is, if regulations setting criteria exist
The Act enabled territorial authorities to take into account the desirability of the community having a mix of housing sizes, tenures, and costs when requiring developers to make affordable housing contributions. The Act permitted incentives, such as density bonuses, to be used by territorial authorities to help off-set costs to developers making an affordable housing contribution.
The Act contained safeguards in the form of statutory requirements that territorial authorities must follow before they are able to require contributions, and an appeals process.
The affordable housing provisions were not utilised by territorial authorities and the Act was repealed in 2010.
The Act also prevented the use of covenants on land titles where the principal purpose was to prevent the purchase or lease of a property for social or affordable housing purposes. This provision applied only to covenants placed on titles after the legislation came into force.
In 2010, the Affordable Housing: Enabling Territorial Authorities Act 2008 was repealed. An amendment to the Property Law Act 2007 retained the provision relating to covenants.

Source: https://www.msd.govt.nz/about-msd-and-our-work/about-msd/history/social-assistance-chronology-programme-history.html

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