Printed from https://fyi.org.nz/request/13671-how-is-the-council-using-its-rights-under-the-public-health-act-to-inspect-rental-housing-properties on November 22, 2024 07:09

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 Hamilton City Council

The request was successful.

From: Aaron Packard

Dear Hamilton City 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: official information
Hamilton City Council

Kia ora

I write to acknowledge your information request of 5 September 2020 in respect of how Council is using its rights under the Public Health Act to inspect rental housing properties.

Please be advised that your request has been passed on to the relevant team within Council and you will be informed of the outcome.

The Local Government Official Information and Meetings Act 1987 requires that we advise you of our decision on whether the Council will provide the requested information or not “as soon as reasonably practicable”, no later than 20 working days after the day we received your request. We will respond to you no later than 2 October 2020.

Kind regards,

Michelle van Straalen
Official Information Advisor | Legal Services | Corporate

DDI: 07 974 0589 | [email address]

Hamilton City Council | Private Bag 3010 | Hamilton 3240 | www.hamilton.govt.nz
Like us on Facebook Follow us on Twitter This email and any attachments are strictly confidential and may contain privileged information. If you are not the intended recipient please delete the message and notify the sender. You should not read, copy, use, change, alter, disclose or deal in any manner whatsoever with this email or its attachments without written authorisation from the originating sender. Hamilton City Council does not accept any liability whatsoever in connection with this email and any attachments including in connection with computer viruses, data corruption, delay, interruption, unauthorised access or unauthorised amendment. Unless expressly stated to the contrary the content of this email, or any attachment, shall not be considered as creating any binding legal obligation upon Hamilton City Council. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Hamilton City Council.

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From: official information
Hamilton City Council

Kia ora Aaron

Further to your information request of 5 September 2020 in respect of Council's use of the provisions of the Health Act 1956 to undertake inspections of rental properties, I am now able to provide Hamilton City Council's response.

You requested:
In the past five years, how many times has the Council used their rights under the Public Health Act to inspect rental housing properties?

Our response:
Council has records of having made 9 inspections of properties pursuant to the provisions of the Health Act 1956 during the past five years. 3 related to overcrowding, 5 related to complaints about mould and 1 related to a complaint about odour. Our records do not allow us to determine which of the inspected properties were rental housing properties.

You requested:
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

Our response:
Council has no records of having exercised any powers under the provisions of the Housing Improvement Regulations 1947 during the past five years.

You requested:
How do you identify which rental housing properties to inspect under the Public Health Act

Our response:
Council does not have a proactive process for determining which rental properties should be inspected pursuant to the provisions of the Health Act 1956. The only properties inspected have been as a consequence of a complaint made to Council.

You requested:
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

Our response:
Council does not currently offer any form of proactive rental housing inspection. If Council was to receive a complaint, we would inspect and then engage directly with the property owner, while keeping the tenant updated. Copies of any e-mails and/or formal notices could be sent to the tenant to support any other action they may take.

You requested:
What information is available on your website or in your publications on rental housing inspections provided by the Council

Our response:
There is no information on the Hamilton City Council website or in any publications that relate to rental housing inspections provided by Council.

You requested:
What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct

Our response:
Council does not have a specific process for engaging with the Tenancy Tribunal. As outlined above, we would engage directly with the owner of the property and the tenant.

Note:
Hamilton City Council is in the process of developing a Housing Strategy. The current intent is for the strategy to be inclusive of the United Nations Committee on Economic Social and Cultural Rights, General comments No. 4 (1991) on the right to adequate housing. The United Nations has defined seven standards that must be met in order for housing to be adequate. These include:
• Security of Tenure
• Habitability
• Accessibility
• Affordability
• Availability of services, materials, facilities and infrastructure
• Location
• Cultural Adequacy

We trust this information is of assistance to you.

Kind regards,

Michelle van Straalen
Official Information Advisor | Legal Services

DDI: 07 974 0589 | [email address]

Hamilton City Council | Private Bag 3010 | Hamilton 3240 | www.hamilton.govt.nz
Like us on Facebook Follow us on Twitter
This email and any attachments are strictly confidential and may contain privileged information. If you are not the intended recipient please delete the message and notify the sender. You should not read, copy, use, change, alter, disclose or deal in any manner whatsoever with this email or its attachments without written authorisation from the originating sender. Hamilton City Council does not accept any liability whatsoever in connection with this email and any attachments including in connection with computer viruses, data corruption, delay, interruption, unauthorised access or unauthorised amendment. Unless expressly stated to the contrary the content of this email, or any attachment, shall not be considered as creating any binding legal obligation upon Hamilton City Council. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Hamilton City Council.

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