Suspension and revocation of registration
Suspension of registration
Registration continues as long as a CHP continues to meet the eligibility criteria and Performance Standards, and unless the CHP requests revocation of its registration.
CHRA assesses CHPs’ performance against the eligibility criteria and Performance Standards at least annually. If after such an assessment we decide that the requirements of registration are not being met, we must give the CHP at least 14 days written notice and the opportunity to be heard about the impending suspension of registration. If CHRA considers it warranted, the CHP’s registration may be suspended and recorded in the Register. Suspension lasts until we are satisfied the CHP meets the eligibility criteria and Performance Standards. Once 12 months of suspension have elapsed, or any further period we decide, we must revoke the CHP’s registration.
During the suspension period, the CHP will be encouraged 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). However, it may not:
- take on any new tenants paying an IRRS
- apply for any further Crown grants or
- apply for any further assets of the Crown or of a Crown entity1.
1 Section 169(3) of the Housing Restructuring and Tenancy Matters Act 1992.
Revocation of registration
CHRA may revoke a CHP’s registration if satisfied on reasonable grounds that it has ceased to operate as a CHP; or is unable to pay its debts or carry on its business; or is failing to meet:
- one or more of the eligibility criteria
- one or more of the Performance Standards or
- a lawful requirement of CHRA under Part 10 of the Act.
Before CHRA moves to revoke registration on any of these grounds, we must give the CHP at least 14 days written notice and the opportunity to be heard, as well as written notice of our reasons. Revocation can occur whether or not registration has been suspended.
After the (at least 14 day) notice period has expired, the process we must follow is to provide written notice to the CHP indicating the date revocation takes effect, and removing the CHP’s name from the Register. We must also give written notice to the Ministry of Social Development as soon as possible, and give notice of the revocation in the Gazette.
CHP requested revocation of registration
CHRA can revoke registration of a registered CHP’s upon receipt of a written request. A request form is available to assist CHPs who wish to have their registration revoked.
The form sets out the supporting evidence a CHP must provide. Where applicable, the CHP must provide evidence that appropriate arrangements have been made to ensure that its community housing tenants will not be disadvantaged in the following areas:
- geographical location
- type of housing
- amenities in the housing and
- eligibility for income-related rent.
Implications of revocation
If your registration is revoked, the implications for you as a Class 1: Social Landlord include that:
- You will no longer be eligible to receive any benefits associated with that registration. Therefore, you would not be eligible to contract with the Ministry of Social Development (MSD) to receive IRRS.
- If you already have a contract for IRRS with MSD, then revocation will terminate the contract and,
- You will no longer be required to provide annual reports against the eligibility criteria and Performance Standards for ongoing registration, or reports containing financial statements and accounts, or other reports requested by CHRA.
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