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Janine Peters Customer Support

Taupō District Council • 46 Horomatangi Street, Taupō 3330

Private Bag 2005 • Taupō Mail Centre • Taupō 3352 • New Zealand

T +64 7 376 0899 • E [Taupo District Council request email]

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-----Original Message-----
From: [FOI #13685 email]
Sent: Sunday, 6 September 2020 4:04:49 PM
To: "OIA/LGOIMA requests at Taupo District Council" <[Taupo 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 Taupo 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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hide quoted sections

Hi Aaron

 

Your request dated 7 September 2020 is acknowledged and will be processed
under the Local Government Official Information & Meetings Act 1987.

 

We will endeavour to respond to your request as soon as possible and in
any event no later than 5 October 2020, being 20 working days after the
day your request was received.

 

If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.

 

Kind Regards

 

Tina 

 

 

Tina Jakes Head of Democracy, Governance and Venues

Taupô District Council • 46 Horomatangi Street, Taupô 3330

Private Bag 2005 • Taupô Mail Centre • Taupô 3352 • New Zealand

D +64 7 376 0726  T +64 7 376 0899  M 027 436 0944  E
[1][email address]

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Hi Aaron

 

Your request dated 6 September  2020  has been processed under the Local
Government Official Information & Meetings Act 1987.

 

Please find information requested detailed 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?

There have been 10 cases that were reported to council where the actual
house a tenant lived in was the problem

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?

We have never issued a formal repair or closure notice.

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

For us to inspect a rental property (or non rental property in some cases)
we need to have a referral or complaint from a resident of that address or
someone who has concerns about an address before we investigate.
Realistically to regularly inspect every rental in town is unfeasible as
we don’t know which are rentals or owned or who lives there in many cases
so referral is the only practical option. We investigate every complaint
we receive to check the condition of the property unless it is unsafe to
do so.

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?

Our current process for complaints of this type is to visit and make an
initial assessment against the regulations and the HHS and then create a
brief report and then we can send this to Tenancy Services as a referral.
From my discussions with Tenancy Services there is no guarantee that they
will actually investigate as cases are triaged on priority. In theory if
the issues were in contravention of the HI regs then we would look at our
options for this

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

We don’t have any information related to this as it is not a core service
of council and only undertaken on a complaints based priority.

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

In cases where there are significant health issues, we would refer these
onto MBIE and their enforcement arm that undertake inspections for rental
properties. We have never engaged with the tenancy tribunal to my
knowledge. As above we would forward reports to Tenancy Services as
needed.

 

 

If you believe your request for information has not been adequately dealt
with you may complain to the Office of the Ombudsman, and their contact
details are: Phone: 0800 802 602

Email: [1][email address]

Website: [2]www.ombudsman.govt.nz

 

Kind Regards

 

Tina 

 

 

 

Tina Jakes Head of Democracy, Governance and Venues

Taupō District Council • 46 Horomatangi Street, Taupō 3330

Private Bag 2005 • Taupō Mail Centre • Taupō 3352 • New Zealand

D +64 7 376 0726  T +64 7 376 0899  M 027 436 0944  E
[3][email address]

Follow us on [4]Facebook and [5]Twitter

[6]www.taupo.govt.nz

 

 

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