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 Wairoa District Council
The request was successful.
From: Aaron Packard
Dear Wairoa 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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).
From: LGOIMA Requests
Wairoa District Council
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Tçnâ koe Aaron
This email is to acknowledge receipt of your official information request
dated 08/09/2020 for details regarding how the Council is using it’s
rights under the Public Health Act to inspect rental housing properties.
We will endeavour to respond to your request as soon as possible and in
any event no later than 06/10/2020 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.
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you, we will advise you of the cost of processing your request before we
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withdraw or refine your request. We may ask you to pay some or all of
this cost in advance.
If you have any queries, please feel free to contact the LGOIMA team on
[1][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
Ngâ mihi,
LGOIMA Administrator
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Coronation Square, 97-103 Queen Street, Wairoa 4108 | PO Box 54, Wairoa 4160
( | +64 6 838 7309
[4]www.wairoadc.govt.nz | [5]Facebook
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Kind Regards
Local Government Official Information and Meeting Act Administrator
Wairoa District Council
Coronation Square, 97-103 Queen Street, Wairoa 4108 | PO Box 54, Wairoa
4160
Phone: +64 6 838 7309 | Fax: +64 6 838 8874
[7]www.wairoadc.govt.nz | [8]Facebook
Connected Communities | Desirable Lifestyles | Treasured Environments
He waka eke noa - We are all in this together
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te tuku ki a koe, whakakorea koa. Tçnâ anô koe. Tirohia ki te Ture o te
Kurutete Tâhiko 2002.
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not the intended recipient, please delete it. Thank you. Refer to the
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From: LGOIMA Requests
Wairoa District Council
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Tēnā koe Aaron
Please see the attached letter with details regarding your request.
Ngā mihi
LGOIMA Administrator
[1]signature_449130860 [2]/var/folders/q7/m12ml_7j2k190ybdj18pytsc0000gn/T/com.microsoft.Outlook/WebArchiveCopyPasteTempFiles/cidimage002.png@01D4DA61.AD8C6850
Coronation Square, 97-103 Queen Street, Wairoa 4108 | PO Box 54, Wairoa 4160
( | +64 6 838 7309
[3]www.wairoadc.govt.nz | [4]Facebook
Connected Communities | Desirable Lifestyles | Treasured Environments
[5]/Users/MarritKirkenier/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_375484146
Kind Regards
Local Government Official Information and Meeting Act Administrator
Wairoa District Council
Coronation Square, 97-103 Queen Street, Wairoa 4108 | PO Box 54, Wairoa
4160
Phone: +64 6 838 7309 | Fax: +64 6 838 8874
[6]www.wairoadc.govt.nz | [7]Facebook
Connected Communities | Desirable Lifestyles | Treasured Environments
He waka eke noa - We are all in this together
Ko tēnei īmerā, waihoki ētahi tāpiringa, he mea noho matatapu..Mēnā i hē
te tuku ki a koe, whakakorea koa. Tēnā anō koe. Tirohia ki te Ture o te
Kurutete Tāhiko 2002.
This communication, including any attachments, is confidential. If you are
not the intended recipient, please delete it. Thank you. Refer to the
Contract and Commercial Law Act 2017.
References
Visible links
3. https://www.wairoadc.govt.nz/
4. https://www.facebook.com/wairoadistrictc...
6. https://www.wairoadc.govt.nz/
7. https://www.facebook.com/wairoadistrictc...
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