Printed from https://fyi.org.nz/request/13688-how-is-the-council-using-its-rights-under-the-public-health-act-to-inspect-rental-housing-properties?unfold=1 on November 22, 2024 09:53

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 Rotorua District Council

The request was successful.

From: Aaron Packard

Dear Rotorua 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: RDC Mail
Rotorua District Council

Kia ora Aaron,
 
Thank you for taking the time to email us.
 
Your enquiry has been treated as a Official Information Request under the
Local Government Official Information and Meetings Act 1987.
 
We will be in touch with you shortly.  Should you need to contact us
regarding this matter, please quote RFS 5266827.
 
To find out more about LGOIMA requests please click here:
[1]http://www.rotorualakescouncil.nz/our-co...
 
Please feel free to contact us on 07 348 4199 or [2][email address]
(Monday to Friday 8am to 5pm) and one of our friendly Customer Advisors
will assist you.
Kind Regards,

________________________________________________________________________________________________________________________________________________________

Kimiora Savage

Customer Advisor
Customer Solutions, Rotorua Lakes Council
P: [3]07 3484199 | F: 07 3463143
E: [4][email address] | W: [5]rotorualakescouncil.nz
A: 1061 Haupapa St, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046,
New Zealand

______________________________________________________________________________________________________________________________________________________________________________________________________________________

 

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From: Kim McGrath

I refer to your LGOIMA request dated 6 September 2020 regarding the above.

 

As per the Local Government Official Information and Meetings Act, you
will receive a response as soon as reasonably practicable, and no later
than 20 working days from the date of receipt.

 

Regards

 

 

[1]http://dev.rotoruaNZ.com/stationerycreat...
Kim McGrath     Tîheru Ohu Toihautû |
Executive Support Officer, Chief
Executive’s Office
Waea: [2]07 351 8142  | Waea
pûkoro: [3]0276288045 [6]http://images.rotoruaNZ.com/stationery/r...
Îmera: [4][email address]
 | Ipurangi: [5]rotorualakescouncil.nz
Taunga: 1061 Haupapa St, Private Bag
3029, Rotorua Mail Centre, Rotorua
3046, New Zealand
[7]http://dev.rotoruaNZ.com/stationerycreat...

 

 

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From: Jean-Paul Gaston

I refer to your email of 6 September 2020 regarding the above, and reply
below as per your request:

 

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?

Over the past five years the Health Act 1956 has been used to inspect
approximately 12 rental 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?

In the past five years Council has not had to issue a closure notice,
repair notice or cleansing order in regards to the Housing Improvement
Regulations 1947.

 

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

Rental houses are inspected once a notification/complaint is received from
a resident.

 

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 tenant would need to lodge a complaint and an inspection would result.
Complaints can be received via phone, email or in person and referred to
the team to action. A letter may then be sent confirming the outcome of
the inspection and any recommendations.

 

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

The following link to Council’s website provides information to tenants,
home owners and landlords for free, independent advice on healthy homes:

[1]https://www.rotorualakescouncil.nz/our-c...

 

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

The Tenancy Tribunal would need to initially request engagement. The
inspection and reporting process that then follows mirrors what is
described above in point 4.

 

 

You have the right to seek an investigation and review by the Ombudsman of
this response. Complaints can be sent by email to
[2][email address], by fax to (04) 471 2254, or by post to
The Ombudsman, PO Box 10152, Wellington 6143.

 

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes
Council website after they have been responded to, with requesters’
personal details withheld. If you have any concerns about this please
contact the Council on [3][email address] .

 

 

Regards

 

 

[4]http://dev.rotoruaNZ.com/stationerycreat...
Jean-Paul Gaston     Manahautū Rautaki
| Group Manager, Strategy
Waea: [5]07 351 8302  | Waea
pūkoro: [6]0276554415
Īmera: [7][email address] [9]http://images.rotoruaNZ.com/stationery/r...
 | Ipurangi: [8]rotorualakescouncil.nz
Taunga: 1061 Haupapa St, Private Bag
3029, Rotorua Mail Centre, Rotorua
3046, New Zealand
[10]http://dev.rotoruaNZ.com/stationerycreat...

 

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