2 October 2020
Aaron Packard
By Email: [FYI request #13687 email]
Dear Aaron
INFORMATION REQUEST – Inspections of rental housing properties
We write in response to your email dated 6 September 2020 in which you requested the
fol owing information:
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?
Tauranga City Council Private Bag 12022, Tauranga 3143, New Zealand +64 7 577 7000 [Tauranga City Council request email] www.tauranga.govt.nz
We have considered your request in accordance with the Local Government Official
Information and Meetings Act 1987 (“LGOIMA”) and respond as fol ows.
1. Environmental Health Officers are appointed by Council under the Health Act 1956
and warranted to inspect properties where notification of health nuisance may occur.
Over the last five years we received 711 complaints about properties in relation to
Health Act 1956 nuisances. However, our complaints process does not require us to
record whether these are rental or non-rental properties.
It may be possible to determine the status (rental or non-rental) of some of the
properties, if this was noted by at the time by the case officer. As our case officers
were not required to seek or record this information, case-by-case research into al
711 complaints would be needed. We estimate that three weeks would be needed to
conduct this research.
As researching this information would place an unreasonable burden on our agency,
in terms of time and resources, this part of your request is refused in accordance with
section 17(f) of LGOIMA, that “the information requested cannot be made available
without substantial col ation or research”.
2. We do not undertake housing inspections under the Housing Improvement
Regulations (HIR), only nuisance inspections as per the Health Act 1956 (described
above). Accordingly, no Repair or Closure Notices have been issued in relation to the
HIR.
3. As mentioned above, we do not distinguish between rental and non-rental properties.
Al inspections are conducted in response to the complaints we receive. If a
complaint to Council meets the legislative criteria, we investigate and conduct an
inspection if required. We deal directly with the occupant(s) and/or property owner(s)
4. Al complainants can write to Council to make a complaint. Complaints should be
addressed to: [email address]. In order to determine whether a complaint
meets the legislative criteria for investigation and/or inspection, we require that the
complainant provide: Their name and contact information, the address of the property
and details of the nuisance and any evidence (photos). The Environmental Health
Officer wil determine if the complaint is likely to meet the definition of a nuisance
under the Health Act 1956 and respond accordingly.
5. We have not publicised any information online in relation to housing inspections for
health nuisance issues. As mentioned above, we do not undertake HIR inspections.
There is information on our website in relation to housing inspections, however this is
in relation to building consents. You can view this information via the fol owing link:
https://www.tauranga.govt.nz/living/building-and-renovations/inspections-and-
approvals/building-inspections
6. We have never engaged directly with the Tenancy Tribunal in relation to health
nuisance issues. We engage only with the occupant(s) and/or property owner(s) as
part of the inspection process, as described above. We do not undertake HIR
inspections as mentioned above.
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You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz
or freephone 0800 802 602.
We may publish this response on our website as your request may be of interest to others.
Al personal information will be removed and only the question and answers wil be seen.
If you wish to discuss this decision with us, please feel free to contact the writer.
Yours sincerely
Coral Hair
Manager
Democracy Services
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