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Kind Regards,

Waikato District Council

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If you have any further questions please do not hesitate to contact us.
You can reach us via email at [1][email address] or on 0800 492 452.

 

Ngaa mihi,

Dylan Herewini

Customer Delivery Team | Contact Centre

Waikato District Council

■ P 07 824 8633 ■ F 07 824 8091 ■Call Free0800 492 452

Private Bag 544, Ngaruawahia 3742

[2]www.waikatodistrict.govt.nz ■ [3]Like us on Facebook

 

-----Original Message-----
From: [FOI #13669 email]
Sent: Saturday, September 05, 2020 2:37:06 PM
To: "OIA/LGOIMA requests at Waikato District Council"
<[Waikato 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 Waikato 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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Please use this email address for all replies to this request:
[FOI #13669 email]

Is [Waikato District Council request email] the wrong address for Official
Information requests to Waikato District Council? If so, please contact
us using this form:
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Disclaimer: This message and any reply that you make will be published
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If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
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hide quoted sections

 

By email: 

 

Dear Mr Aaron Packard

Renters United Organiser

 

RE:  REQUEST FOR INFORMATION UNDER THE LOCAL GOVERNMENT OFFICIAL
INFORMATION AND MEETINGS ACT 1987

 

We acknowledge receipt of your information request dated  7^th September
2020. 

 

In accordance with the Local Government Official Information and Meetings
Act 1987 (“the Act”), Council will, as soon as reasonably practicable, and
in no case later than 20 working days after the day on which the request
is received; -

(a)   decide whether the request is to be granted and, if it is to be
granted, in what manner and for what charge (if any); and

(b)  email to you notice of the decision on the request.

Please be aware that sometimes for large requests or those requiring
consultation, we will seek an extension which the Act allows.  If so, we
will let you know and give you a specific due date; or

we may seek further information from you if we feel your request is not
clear, or we may seek to refine your request if the scope is very broad.

 

If you require any further information regarding your request please
contact Christine Pidduck, Legal Counsel, telephone 07 824 5846 or
[1][email address] .

 

Yours faithfully,

 

Information Officer

 

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Mr Packard

 

Thank you for your enquiry regarding the following questions.  I have
responded below to each of your questions and have kept these to the point
for clarity.   If you are sharing this information I ask that it be shared
in its entirety in the form provided to retain context.

 

 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?

At this time our systems do not allow this query to be searched to be able
to provide you with an accurate number.

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?

At this time our systems do not allow this specific query to be searched
to be able to provide you with an accurate number. There are various
mechanisms under the legislation we use to address property conditions.

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

Our complaints and  service request systems trigger any subsequent action
and involvement in inspections.

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 community can use the Councils complaint and service request system to
trigger any subsequent action and involvement. A Council staff member
would seek specific information to guide the appropriate actions.

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

There is no specific detailed information on housing inspections of rental
properties on the website at this time and this is being reviewed.

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

We would not engage directly with the tribunal unless they requested
information from the Council.

I hope this information is useful to you.  Please let me know if you need
any further clarity.

Regards

Tony

Anthony (Tony) Pipe

Environmental Team Leader

Waikato District Council

■ P 07 824 8633 ■ F ■ Call Free0800 492 452 ■ DDI ■ M

Private Bag 544, Ngaruawahia 3742

[1]www.waikatodistrict.govt.nz ■ [2]Like us on Facebook

P Please consider the environment before printing this e-mail

 

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