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The Coromandel - Good for Your Soul

Good Morning,

 

I refer to your request for official information pursuant to the Local
Government Official Information and Meetings Act 1987 (LGOIMA), received
with Council 3^rd September 2020. Your questions are answered below.

 

 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?

Unfortunately we are unable to provide this information due to the way in
which we record our complaints. However any tenanted housing complaints we
do receive are referred to the Tenancy Tribunal.

 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?

If our Health Officers are engaged to inspect a property we would do so in
conjunction with the Building Compliance Team, in which the building would
be assessed as dangerous or insanitary. Any issues would be dealt with by
way of a Notice to Fix.

 3. How do you identify which rental housing properties to inspect under
the Public Health Act?

We do not routinely inspect rental houses under the Health Act, only where
deemed appropriate upon complaint.

 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?

Complaints about housing are referred through our Request for Service
system for action, however our Environmental Health Team will refer the
complainant to the tenancy tribunal  and provide advice in the first
instance.  If an inspection is deemed necessary we would provide a report
of findings on a case by case basis. Generally any actions taken on a
house deemed insanitary or dangerous is enforced under the Building Act.

 5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?

We do not have information on our website, we would refer tenants to the
Tenancy Tribunal website.

6.    What is your process for engaging with the Tenancy Tribunal to
provide reports on the rental housing inspections you conduct?

                Case by case basis upon request only.

 

If you have any further questions please do not hesitate to contact me.

 

Kind Regards,

 

Anouska Greene

Compliance Advisor

Working Hours: Tuesday, Wednesday and Thursday

Thames-Coromandel District Council

Private Bag, 515 Mackay Street, Thames

p: 8680200  f: 8680234

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-----Original Message-----

From: Aaron Packard <[FOI #13657 email]>

Sent: Thursday, 3 September 2020 12:22 PM

To: TCDC General Mail Address <[Thames-Coromandel District Council request email]>

Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Thames-Coromandel 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

 

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