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 Matamata-Piako District Council
The request was successful.
From: Aaron Packard
Dear Matamata-Piako 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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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From: Ellie Mackintosh
Matamata-Piako District Council
Dear Aaron
We have received your enquiry regarding inspections of rental houses in
our district.
Your request will be processed in accordance with the provisions of the
Local Government Official Information and Meetings Act 1987 ("Act"). As
required under section 13(1) of the Act we will respond to your request as
soon as reasonably practicable and no later than 20 working days. We
calculate this date to be 2 October 2020.
I would like to clarify Aaron are you talking about houses that Council
owns and is landlord for or all other properties in our district?
If you have any questions relating to your request or wish to clarify any
matters contained in your request please do not hesitate to contact me.
Kind Regards
Ellie
Ellie Mackintosh | Graduate Policy Planner
Matamata-Piako District Council 35 Kenrick Street, PO Box 266, Te Aroha
3342
p 07 884 0060 | w [1]www.mpdc.govt.nz
For up to date Ministry of Health guidelines around COVID-19, please visit
their website [2]www.covid19.govt.nz
Please consider the environment before printing this email
-----Original Message-----
From: Aaron Packard <[FOI #13670 email]>
Sent: Sunday, 06 September 2020 1:54
To: Records <[email address]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
ATTENTION! This e-mail originates from outside of the council. Do Not open
attachments or click links unless you are sure this e-mail comes from a
known sender and you know the content is safe.
---
Dear Matamata-Piako 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)
<[3]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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From: Aaron Packard
Dear Ellie Mackintosh,
In response to your question "I would like to clarify Aaron are you talking about houses that Council
owns and is landlord for or all other properties in our district?"
The answer is all other properties in your district. Hope this helps.
Yours sincerely,
Aaron Packard
From: Ellie Mackintosh
Matamata-Piako District Council
Dear Aaron
Please see our response below in red
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?
We have not formally inspected any rental properties. However at times we
have dealt with issues like dampness on a case by case basis.
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? Never
3. How do you identify which rental housing properties to inspect under
the Public Health Act? We don’t, only responding to complaints
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? We don’t have a specific process.
Any complaint is entered into CRM our system for recording complaints
and requests from customers for service. We do not provide written
reports on the condition of properties.
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council? None
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
We don’t have a process as we don’t inspect rental housing. We would
appear as a witness if required at any Tenancy Tribunal hearing.
You have the right, by way of making a complaint to an Ombudsman (under
section 27(3) of the Local Government Official Information and Meetings
Act 1987), to seek an investigation and review of Council’s decision in
relation to the provision of this information.
Kind Regards
Ellie
Ellie Mackintosh | Graduate Policy Planner
Matamata-Piako District Council 35 Kenrick Street, PO Box 266, Te Aroha
3342
p 07 884 0060 | w [1]www.mpdc.govt.nz
For up to date Ministry of Health guidelines around COVID-19, please visit
their website [2]www.covid19.govt.nz
Please consider the environment before printing this email
-----Original Message-----
From: Aaron Packard <[FOI #13670 email]>
Sent: Thursday, 17 September 2020 7:56
To: Ellie Mackintosh <[email address]>
Subject: Re: Acknowledgement + Clarification - LGOIMA - How is the Council
using its rights under the Public Health Act to inspect rental housing
properties?
ATTENTION! This e-mail originates from outside of the council. Do Not open
attachments or click links unless you are sure this e-mail comes from a
known sender and you know the content is safe.
---
Dear Ellie Mackintosh,
In response to your question "I would like to clarify Aaron are you
talking about houses that Council owns and is landlord for or all other
properties in our district?"
The answer is all other properties in your district. Hope this helps.
Yours sincerely,
Aaron Packard
-----Original Message-----
Dear Aaron
We have received your enquiry regarding inspections of rental houses in
our district.
Your request will be processed in accordance with the provisions of the
Local Government Official Information and Meetings Act 1987 ("Act"). As
required under section 13(1) of the Act we will respond to your request
as soon as reasonably practicable and no later than 20 working days. We
calculate this date to be 2 October 2020.
I would like to clarify Aaron are you talking about houses that Council
owns and is landlord for or all other properties in our district?
If you have any questions relating to your request or wish to clarify any
matters contained in your request please do not hesitate to contact me.
Kind Regards
Ellie
Ellie Mackintosh | Graduate Policy Planner Matamata-Piako District
Council 35 Kenrick Street, PO Box 266, Te Aroha
3342
p 07 884 0060 | w [1]www.mpdc.govt.nz
For up to date Ministry of Health guidelines around COVID-19, please
visit their website [2]www.covid19.govt.nz Please consider the
environment before printing this email
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13670 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://fyi.org.nz/help/officers
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 or LGOIMA
page.
-------------------------------------------------------------------
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Attention:
This e-mail is privileged and confidential. If you are not the intended
recipient please delete the message and notify the sender. Any views or
opinions presented are solely those of the author.
This e-mail message has been scanned and cleared by MailMarshal
at Matamata-Piako District Council
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2. file:///tmp/www.covid19.govt.nz
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