12 October 2023
Sarah
[FYI request #24156 email]
Tēnā koe Sarah
Thank you for your email of 27 September 2023 to Kāinga Ora – Homes and Communities requesting
the following information under the Of icial Information Act 1982 (the Act):
1) On what grounds can Kainga ora decline a tenants business initiated transfer (BIT) request?
2) What are the valid reasons why kainga ora would decline your BIT request? and what are
NOT valid reasons?
3) Is there a kainga ora policy in relation to over-crowding in a kainga ora property? If so, can
you send me the link for the policy which refers to over-crowding in a kainga ora property.
4) If a tenant is declined a Business initiated transfer (BIT) without any valid reason, what steps
can the tenant take to get the decision reviewed?
Your questions and our responses are listed below.
1) On what grounds can Kainga ora decline a tenants business initiated transfer (BIT) request?
When considering whether or not a customer meets the Business Initiated Transfer (BIT) criteria,
Kāinga Ora apply the following four principles for consideration:
1. Safety and security – we wil prioritise the health and wellbeing of customers and their
whānau where staying in the property poses a significant risk or has the potential to
cause detrimental effects to customer’s and or neighbour’s health or wellbeing.
2. Legal obligations – we wil prioritise transfers where it is required to meet legal
obligations such as where the lease has expired or the customer is required to move
residence because of a court order.
3. Enabling housing for future customers – we will prioritise transfers where a customer is
required to move from their current property in order to allow for a redevelopment or
other asset related matter to take place.
4. Empowering customers to maintain connections to their communities – we will give
customers choice where we can and help make their house a home by enabling them to
maintain connections to their communities.
In order to be considered a high-priority BIT, consideration must be given to whether the BIT is
necessary to ensure one of the principles outlined above is met.
Applicants on the Ministry of Social Development (MSD) public housing register wil be given priority
over other, non-high priority BIT customers.
For more information on how Kāinga Ora determines BIT priority under the four principles above,
please see attached Appendix one of the ‘Match to Suitable Home Policy’, which is being released to
you in full.
2) What are the valid reasons why kainga ora would decline your BIT request? and what are NOT
valid reasons?
A customer may be declined a BIT if they do not meet the criteria under the four principles stated
above. In cases where a BIT is not necessary, the customer is instead referred to MSD for a transfer.
3) Is there a kainga ora policy in relation to over-crowding in a kainga ora property? If so, can you
send me the link for the policy which refers to over-crowding in a kainga ora property.
The key role of Kāinga Ora is to provide housing to those most in need. We understand that our
customers’ circumstances and of those of their whānau can change, and this can affect their housing
needs. Where this happens, and a potential overcrowding situation comes to our attention, we wil
discuss alternatives with the customer, such as applying for a transfer to a property that better suits
their needs. If a transfer is required, the customer is referred to MSD to have their housing needs re-
assessed.
MSD is the primary agency responsible for managing the housing need assessment criteria. The
maximum number of tenants in a property is based on MSD’s assessment of the number of household
occupants and the number of bedrooms required. The bedroom allocation requirements are
determined by MSD for al transfer applications, for both the MSD public housing waitlist and the
Kāinga Ora BIT register.
Where there is significant overcrowding (characterised as requiring two or more bedrooms than the
current home has), and this has been confirmed by MSD, a customer can be placed on the Kāinga
Ora BIT register. Prioritisation of the Kāinga BIT register is determined by a number of principles –
please see Appendix 1 of the attached policy ‘Match to Suitable Home’ for more information.
Please note, if the customer does not meet the criteria for a BIT referral, they are referred to the
Ministry of Social Development (MSD) to request a transfer, and MSD wil complete an assessment of
their eligibility.
4) If a tenant is declined a Business initiated transfer (BIT) without any valid reason, what steps can
the tenant take to get the decision reviewed?
The customer can ask that the decision be reviewed by the Manager Regional Placement, who wil
consider whether a BIT is necessary under the four principles stated above.
I trust you find this information helpful. You have the right to seek an investigation and review by the
Ombudsman of my decision on your request. Information about how to make a complaint is available
at
www.ombudsman.parliament.nz or Freephone 0800 802 602.
Please note that Kāinga Ora proactively releases its responses to official information requests where
possible. Our response to your request may be published at
https:/ kaingaora.govt.nz/publications/official-information-requests/, with your personal information
removed.
Nāku noa, nā
Rachel Kelly
Manager, Government Relations
