Suspension and revocation of registration
Registration is ongoing as long as a community housing provider (CHP) continues to meet the eligibility criteria and performance standards, but we can suspend or revoke a CHP’s registration in certain circumstances. A CHP can also ask us to revoke its registration.
Suspension and revocation are interventions of last resort. We will always work with the registered CHP where possible as it brings itself back into compliance with the eligibility criteria or the performance standards. Suspension and revocation will only be considered where the registered CHP is unable or unwilling to bring itself back into compliance, or where the breach is serious enough that suspension or revocation are necessary.
Suspension
We’re required to assess a CHP’s performance at least annually. After an assessment, if we decide the CHP is not meeting one or more of the eligibility criteria or the performance standards, we must give them at least 14 days written notice and the opportunity to be heard about the impending suspension of registration.
We must record the suspension in our public Register. Suspension lasts until we’re satisfied the CHP meets the eligibility criteria and performance standards. After 12 months, if the organisation is still not compliant, we can extend the suspension for a further period or revoke the CHP’s registration. During the suspension period, the CHP will be required to remedy any failure to comply with the eligibility criteria or performance standards.
The CHP may still be paid an income-related rent subsidy (IRRS) for existing tenants. However, it may not take on any new IRRS tenants or receive any other housing-related Crown funding. If the failure isn’t addressed, we’ll revoke the CHP’s registration. We will also advise the funding, contracts and other appropriate teams within Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development of any suspension action taken.
For further details please consult our Suspension and Revocation Guidance Note.
Revocation
We may revoke a CHP’s registration if we’re satisfied on reasonable grounds that it:
- has ceased to operate as a CHP
- is unable to pay its debts or carry on its business
- is failing to meet:
- one or more of the eligibility criteria
- one or more of the performance standards
- a lawful requirement of the Community Housing Regulatory Authority under Part 10 of the Public and Community Housing Management Act 1992.
Before we revoke an organisation’s registration, we must give the CHP at least 14 days written notice of our intention, the reasons for revocation, and the opportunity to be heard. Revocation can happen whether action has been taken to suspend a CHP‘s registration or not.
After the notice period has expired, if we are still not satisfied that continued registration is appropriate, we will provide written notice to the CHP indicating the date revocation takes effect.
We must also give written notice as soon as possible and publish the revocation in the Gazette(external link). We will also advise the funding, contracts and other appropriate teams within Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development of the revocation.
Appeals
CHPs have a right of appeal to the District Court against any of our decisions relating to registration, including on eligibility for registration, suspension, and revocation.
CHP-requested revocation of registration
A registered CHP can choose to revoke their registration.
This request must be made in writing. CHPs must work to ensure that any income-related rent subsidy (IRRS) tenants who are still eligible for social housing are transferred to another registered CHP. Where applicable, the CHP must provide evidence that appropriate arrangements have been made to ensure its community housing tenants won’t be disadvantaged in the following areas:
- geographical location
- type of housing
- amenities in the housing
- eligibility for income related rent.
Implications of revocation
If your registration is revoked, your organisation will:
- no longer be a registered Class 1 Social Landlord
- not be eligible to receive IRRS
- have any existing contracts for IRRS terminated.