How is the Council using its rights under the Public Health Act to inspect rental housing properties?
Aaron Packard made this Official Information request to Far North District Council
The request was successful.
From: Aaron Packard
Dear Far North District Council,
Last month, the Wellington City Council tabled a report* looking into the powers that the council has to inspect and report on unsanitary or unhealthy housing. The report showed that the Council has significantly stronger powers to enforce healthy and sanitary housing that it had been aware of or was practising. These powers are applicable to all local, unitary and district councils. You can read the legislative basis for these powers in the appendix below.
Renters United is a national organisation of renters campaigning to improve conditions for all renters in Aotearoa. We are concerned that many councils around the country are not adequately using their powers to ensure housing is healthy and sanitary, particularly private rental housing.
We write to request the following information under the Local Government Information and Meetings Act 1987:
1. In the past five years, how many times has the Council used their rights under the Public Health Act to inspect rental housing properties?
2. In the past five years, how many times has the Council exercised its powers to issue a repair or closure notice to landlords whose properties do not meet the Housing Improvement Regulations?
3. How do you identify which rental housing properties to inspect under the Public Health Act?
4. What is the process for tenants to request the Council inspect their rental housing property under the Public Health Act and provide a written report on its condition?
5. What information is available on your website or in your publications on rental housing inspections provided by the Council?
6. What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct?
We look forward to hearing from you as soon as reasonably practicable.
Thank you.
Aaron Packard
Renters United Organiser
027 3519994
Appendix:
The legislative basis
The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c). These regulations require that, for example, housing is free from dampness, fitted with an approved form of heating, provided with sufficient windows, provided with a toilet, and that rooms are of a minimum size. Many of these regulations are encompassed in more recent legislation, including under the Residential Tenancies Act 1986 and the Residential Tenancies Act (Healthy Homes Standards) Regulations 2019. Under the Health Act 1956, local bodies are directed and empowered to enforce the regulations in their district (s23d). If housing does not comply with the Housing Improvement Regulations, local bodies can issue a repair notice or a closure notice**. The council’s public health team should inspect properties upon request and provide a written report for tenants or the Tenancy Tribunal on their observations of the state of the property.
*Wellington City Council, ‘Safety of Housing in Wellington’, in Ordinary Meeting of Strategy and Policy Committee, 2020, pp. 245–52 (p. 251) <https://wellington.govt.nz/~/media/your-...>.
**Barry Barton, ‘A Warm and Dry Place to Live: Energy Efficiency and Rental Accommodation’, Canterbury Law Review, 19 (2013), 1–25 (pp. 10–13).
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
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From: Ask Us Team
Far North District Council
Kia ora Aaron
Thank you for contacting Far North District Council.
Your request regarding inspections of rental housing properties has been
referred to our Legal Department to action and respond.
Your reference number is RFS-4023416, you can use this in any future
correspondence concerning this request.
Nga mihi,
Cheryl
[1][IMG] Ask Us Team
District Services
Far North District Council
09 401 5200 or 24-hour Contact Centre 0800 920 029 |
[2][Far North District Council request email]
-----Original Message-----
From: Aaron Packard
[[3]mailto:[FOI #13647 email]]
Sent: Wednesday, 2 September 2020 3:02:10 PM
To: Ask Us Team
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
Dear Far North District Council,
Last month, the Wellington City Council tabled a report* looking into the
powers that the council has to inspect and report on unsanitary or
unhealthy housing. The report showed that the Council has significantly
stronger powers to enforce healthy and sanitary housing that it had been
aware of or was practising. These powers are applicable to all local,
unitary and district councils. You can read the legislative basis for
these powers in the appendix below.
Renters United is a national organisation of renters campaigning to
improve conditions for all renters in Aotearoa. We are concerned that many
councils around the country are not adequately using their powers to
ensure housing is healthy and sanitary, particularly private rental
housing.
We write to request the following information under the Local Government
Information and Meetings Act 1987:
1. In the past five years, how many times has the Council used their
rights under the Public Health Act to inspect rental housing properties?
2. In the past five years, how many times has the Council exercised its
powers to issue a repair or closure notice to landlords whose properties
do not meet the Housing Improvement Regulations?
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
4. What is the process for tenants to request the Council inspect their
rental housing property under the Public Health Act and provide a written
report on its condition?
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
We look forward to hearing from you as soon as reasonably practicable.
Thank you.
Aaron Packard
Renters United Organiser
027 3519994
Appendix:
The legislative basis
?The Housing Improvement Regulations 1947, originally made under the
Housing Improvement Act 1945, are now in force under the Health Act 1956
(s120c). These regulations require that, for example, housing is free from
dampness, fitted with an approved form of heating, provided with
sufficient windows, provided with a toilet, and that rooms are of a
minimum size. Many of these regulations are encompassed in more recent
legislation, including under the Residential Tenancies Act 1986 and the
Residential Tenancies Act (Healthy Homes Standards) Regulations 2019.
Under the Health Act 1956, local bodies are directed and empowered to
enforce the regulations in their district (s23d). If housing does not
comply with the Housing Improvement Regulations, local bodies can issue a
repair notice or a closure notice**. The council’s public health team
should inspect properties upon request and provide a written report for
tenants or the Tenancy Tribunal on their observations of the state of the
property.
*Wellington City Council, ‘Safety of Housing in Wellington’, in Ordinary
Meeting of Strategy and Policy Committee, 2020, pp. 245–52 (p. 251)
<[4]https://apc01.safelinks.protection.outlo...>.
**Barry Barton, ‘A Warm and Dry Place to Live: Energy Efficiency and
Rental Accommodation’, Canterbury Law Review, 19 (2013), 1–25 (pp. 10–13).
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Get it done online at your convenience, visit our website -
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-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
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2. mailto:[Far North District Council request email]
3. mailto:[FOI #13647 email]
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Tēnā koe Mr Packard
Official Information Request: RFS 4023416
Thank you for your official information request received 2 September 2020, which has been referred to Legal Services for consideration in accordance with the provisions of the Local Government Official Information and Meetings Act 1987 (“the LGOIMA”).
Information request
You requested the Far North District Council (‘Council’) provide the following information:
”1. In the past five years, how many times has the Council used their rights under the Public Health Act to inspect rental housing properties?
2. In the past five years, how many times has the Council exercised its powers to issue a repair or closure notice to landlords whose properties do not meet the Housing Improvement Regulations?
3. How do you identify which rental housing properties to inspect under the Public Health Act?
4. What is the process for tenants to request the Council inspect their rental housing property under the Public Health Act and provide a written report on its condition?
5. What information is available on your website or in your publications on rental housing inspections provided by the Council?
6. What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct? “
Council response
Pursuant to the LGOIMA, Council notes as follows:
1. In the past five years, how many times has the Council used their rights under the Public Health Act to inspect rental housing properties?
To the best of Council’s knowledge, Council has not used its rights to inspect rental properties under the Health Act 1956.
2. In the past five years, how many times has the Council exercised its powers to issue a repair or closure notice to landlords whose properties do not meet the Housing Improvement Regulations?
To the best of Council’s knowledge, these powers have not been exercised.
3. How do you identify which rental housing properties to inspect under the Public Health Act?
On the receipt of a complaint from a customer (who may or may not be the tenant); or it may be by Council staff identifying a property that appears to have non-compliance issues.
4. What is the process for tenants to request the Council inspect their rental housing property under the Public Health Act and provide a written report on its condition?
The tenant makes a complaint under Council’s request for Service (‘RFS’) process . Depending on the nature of the complaint, it would be assigned to the appropriate Team at Council. For any health nuisance complaint, Council’s Environmental Health Team would manage the matter and carry out an inspection. If the matter related to the structural integrity of the building, then the complaint would be referred to the Building Team to assess and carry out an investigation. The documentation would then report the action taken and the result of the inspection.
5. What information is available on your website or in your publications on rental housing inspections provided by the Council?
There is no information available on our website or in Council’s publications regarding rental housing inspections by Council.
6. What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct?
As noted above, a Council Environmental Health Officer will investigate any health nuisance (whether it is a rental property or not) that is reported under the Health Act 1956. Health nuisances are defined at http://www.legislation.govt.nz/act/publi... Building integrity matters would be investigated by the Building Team. Council would suggest that any tenant who has an issue with their rental property contact with Tenancy Services. They have a Tenancy Compliance and Investigations Team. Please see https://www.tenancy.govt.nz/mi/about-ten...
Additionally, in respect of your query, Council notes that it owns and maintains “Housing for the Elderly” units. Council inspects these units every 6 months on a revolving basis. As there are 12 villages, Council inspects 2 villages per month. Written notice of the inspection is sent in time to give the tenant at least 48 hours notice. While visiting each village, we talk with the tenant and note down anything that needs repairing or maintenance on it. That request is then sent to District Facilities to organise and carry out the work.
If there is a defect that the tenant needs to rectify, then this request to fix is put to them in writing. Council is not aware of any instance where it has had to enforce the Health Act 1956 in respect of its Housing for the Elderly. Council notes that it will occasionally issue a Notice to remedy if the tenant is breaching the tenancy agreement (unauthorised person staying in the unit / dogs / disturbing the neighbours etc). This provides the tenant with a chance to rectify the situation before it escalates higher. The tenancy services template used is found at https://www.tenancy.govt.nz/assets/Uploa...
Thank you for your enquiry
Nāku noa, nā
Erica Cooney
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Erica Cooney
Solicitor
Corporate Services, Far North District Council | 24-hour Contact Centre 0800 920 029
Erica.Cooney@fndc.govt.nz
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