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 Kaipara District Council
The request was partially successful.
From: Aaron Packard
Dear Kaipara 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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).
Yours faithfully,
Aaron Packard
From: Council
Kaipara District Council
Kia ora Aaron
Thank you for your request for information which will be treated under the
Local Government Official Information and Meetings Act 1987. Pursuant to
the Act you will receive a response within 20 working days. Your response
is due 1 October 2020.
Detailed information regarding official information requests can be found
on our website [1]here.
If you require any further assistance please contact the Kaipara District
Council email [2][Kaipara District Council request email], telephone 0800 727 059 or visit
our website [3]www.kaipara.govt.nz
Ngā mihi
Customer Support
[4][IMG] Kerry Ryan | Kaitiaki Kiritaki | Customer Support Advisor
Kaipara te Oranganui | Kaipara District Council, Private Bag
1001, Dargaville 0340
Freephone: 0800 727 059 | 09 439 7059
[5][Kaipara District Council request email] | [6]www.kaipara.govt.nz
Dargaville Office: 42 Hokianga Road, Dargaville 0310
Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai
0505
Opening Hours: Monday, Tuesday, Thursday, Friday 8am to 4.30pm
and Wednesday 9am to 4.30pm
show quoted sections
From: Administration Requests
Kaipara District Council
Hi Aaron
Thank you for your request for information.
To clarify there is no Public Health Act. There is a Health Act and a
Building Act which you are likely to be referring to for these type of
queries.
As a general rule local authorities do not carry out routine inspections
on private properties or rentals other than our own local authority
community housing. Private property ownership / inspections are generally
carried out by the owners or property management companies. In addition
to this government housing inspectors carry out inspections of their
properties under the Housing NZ agency.
Should Council receive a complaint this is either forwarded to the
appropriate owner or alternatively, our building control team can inspect
safe and sanitary conditions or our environmental health team can inspect
nuisances.
Whether it is investigated by Council or passed back to the property owner
depends of the severity of the issue. As an example if waste water was
flowing into the neighbours property we would take action but if it was to
do with insulation then it would be a civil matter.
I haven’t specifically answered your questions as none of them are
applicable because of the above. I hope this helps but feel free to
contact me if you require any further clarification.
Regards Linda
[1]KDC Logo Linda Osborne | Administration Manager
test June 2015
Kaipara District Council, Private Bag 1001, Dargaville 0340
Freephone: 0800 727 059 | 09 439 3123
[2][Kaipara District Council request email] | [3]www.kaipara.govt.nz
From: Council <[4][email address]>
Sent: Thursday, 3 September 2020 12:36 PM
To: Administration Requests <[5][email address]>
Subject: ID043662: Official Information request - How is the Council using
its rights under the Public Health Act to inspect rental housing
properties?
Kia ora
This LGOIMA request has been received in the Council inbox and forwarded
to you for action and reply. Customer has been advised response is due 1
October 2020.
Ngâ mihi
Customer Support
[6][IMG] Kerry Ryan | Kaitiaki Kiritaki | Customer Support Advisor
Kaipara te Oranganui | Kaipara District Council, Private Bag
1001, Dargaville 0340
Freephone: 0800 727 059 | 09 439 7059
[7][Kaipara District Council request email] | [8]www.kaipara.govt.nz
Dargaville Office: 42 Hokianga Road, Dargaville 0310
Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai
0505
Opening Hours: Monday, Tuesday, Thursday, Friday 8am to 4.30pm
and Wednesday 9am to 4.30pm
show quoted sections
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