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 Hastings District Council
The request was successful.
From: Aaron Packard
Dear Hastings 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: Customer Service (External)
Hastings District Council
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From: Annette M. Murdoch
Hastings District Council
Dear Mr Packard
Local Government Official Information and Meetings Act Request – Rights
under the Public Health Act to Inspect Rental Housing Properties
1. I write to acknowledge your request for information received 7
September 2020 regarding rights under the Public Health Act to inspect
rental housing properties.
2. This is being treated as an Official Information request, and as
such Council must meet certain criteria in how and when we respond to you,
set out in the Local Government Official Information and Meetings Act
1987.
3. Your request has been provided to the relevant officers for follow
up. You will be advised of Council’s decision as soon as is reasonably
possible, and no later than 20 working days from the date we received your
request, unless we have informed you that we need an extension to that
time frame with you before the due date.
Yours faithfully
Jackie Evans
Democracy & Governance Services Manager
ANNETTE M. MURDOCH
SENIOR DEMOCRACY & GOVERNANCE SUPPORT OFFICER
Phone (06) 871 5110 ext 5631
Email [1][email address] Web [2]hastingsdc.govt.nz
Hastings District Council, Private Bag 9002, Hastings 4156, New Zealand
Attention:
The information contained in this message and or attachments is intended
only for the person or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon,
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error, please contact the sender
and delete the material from any system and destroy any copies.
Please consider the environment before printing this e-mail
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mailto:[email address]
2. http://hastingsdc.govt.nz/
From: Annette M. Murdoch
Hastings District Council
Dear Mr Packard
Local Government Official Information and Meetings Act Request – Rights
under the Public Health Act to Inspect Rental Housing Properties –
Response
1. Further to your request for information received 7 September 2020
regarding rights under the Public Health Act to inspect rental housing
properties, I am now able to provide you with Hastings District Council’s
response.
2. You requested / Our response
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?
Council has no specific information as records do not differentiate
between private and private rental properties with regard to this matter.
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 can find no records of this over the past five years.
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
In relation to private rental properties, this would normally be when a
complaint is received.
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?
Normally an occupier of a private rental property would contact Council
about a health related concern. This would be investigated and actioned
according to the circumstances. This may result in a letter/ notice.
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
None in relation to private rental housing.
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
This is normally at the request of the tenant (of the private rental
property) or the Tribunal.
3. If you have any questions with regards to your request, please do
not hesitate to contact Council’s Environmental Health/Liquor, Team
Leader, at [email address].
4. If you are unhappy with the decision(s) communicated here, you have
the option to contact the Office of the Ombudsman to request a review. The
Ombudsman can be contacted at:
The Ombudsman
PO Box 10152
Wellington 6143
[1][email address]
or an online form can be accessed at:
[2]http://www.ombudsman.parliament.nz/make-...
Yours faithfully
Jackie Evans
Democracy & Governance Services Manager
ANNETTE M. MURDOCH
SENIOR DEMOCRACY & GOVERNANCE SUPPORT OFFICER
Phone (06) 871 5110 ext 5631
Email [3][email address] Web [4]hastingsdc.govt.nz
Hastings District Council, Private Bag 9002, Hastings 4156, New Zealand
[5]HBAF
Attention:
The information contained in this message and or attachments is intended
only for the person or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon,
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error, please contact the sender
and delete the material from any system and destroy any copies.
Please consider the environment before printing this e-mail
HDC520801932
References
Visible links
1. mailto:[email address]
2. http://www.ombudsman.parliament.nz/make-...
3. Click to send email to Annette M. Murdoch
mailto:[email address]
4. http://hastingsdc.govt.nz/
5. http://www.hbaf.co.nz/
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