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 Napier City Council
The request was successful.
From: Aaron Packard
Dear Napier City 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: Local Governance
Napier City Council
Dear Aaron
Local Government Official Information and Meetings Act request – Rental
property inspections
1. I write to acknowledge your request for information dated 7
September 2020 regarding Rental property inspections.
2. We received your request on 7 September 2020.
3. 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.
4. 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 agreed an extension to that time frame with you
before the due date.
Yours faithfully
GOVERNANCE TEAM
Napier City Council, Private Bag 6010, Napier 4142
t +64 6 835 7579 [1]www.napier.govt.nz
[2]Napier City Council - Te Kaunihera o Ahuriri
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 Part 4 Electronic Transactions.
Please consider the environment before printing this email.
From: Aaron Packard <[FOI #13711 email]>
Sent: Monday, 7 September 2020 5:16 PM
To: Local Governance <[Napier City 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 Napier City 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)
<[3]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: Local Governance
Napier City Council
Dear Aaron
Local Government Official Information and Meetings Act request – Aaron
Packard, Renters United - Rental property inspections– Response
1. Further to your request for information dated 7 September 2020
regarding Rental property inspections, we are now able to provide you with
Napier City Council’s response.
2. You requested:
a) In the past five years, how many times has the Council used their
rights under the Public Health Act to inspect rental housing properties?
b) 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?
c) How do you identify which rental housing properties to inspect
under the Public Health Act?
d) 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?
e) What information is available on your website or in your
publications on rental housing inspections provided by the Council?
f) What is your process for engaging with the Tenancy Tribunal to
provide reports on the rental housing inspections you conduct?
3. Response:
a) In the past five years Napier City Council has enforced section 29
of the Health Act 1956 at nine properties.
b) Napier City Council has issued no repair or closure notices to
landlords under the Housing Improvement Regulations.
c) Napier City Council responds to complaints received and
investigates each of these on their merits and against the Health Act
1956.
d) Tenants are directed to call the Council and speak with an
Environmental Health Officer (EHO). Following discussion and information
gathering a property inspection is carried out by an EHO, photographs are
taken to support Council’s findings. The EHO prepares a report and
findings and this report is issued to the property owner and the tenant.
e) We refer you to our housing complaints page -
[1]https://www.napier.govt.nz/services/hous...
f) Reports and information are forwarded onto the Tenancy Tribunal on
request.
4. If you have any questions with regards to your request, please do
not hesitate to contact us at [2][Napier City Council request email]
5. 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
[3][email address]
or an online form can be accessed at:
[4]http://www.ombudsman.parliament.nz/make-...
Yours faithfully
GOVERNANCE TEAM
On behalf of the Privacy Officer
Napier City Council, Private Bag 6010, Napier 4110
t +64 6 835 7579 [5]www.napier.govt.nz
[6]Napier City Council - Te Kaunihera o Ahuriri
[7]Water - we're on it.
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 Part 4 Electronic Transactions.
Please consider the environment before printing this email.
From: Local Governance
Sent: Tuesday, 8 September 2020 5:17 PM
To: '[FOI #13711 email]'
<[8][FOI #13711 email]>
Subject: 20149 - Official Information Request - Aaron Packard, Rentals
United - Rental property inspections - ACKNOWLEDGEMENT
Dear Aaron
Local Government Official Information and Meetings Act request – Rental
property inspections
1. I write to acknowledge your request for information dated 7
September 2020 regarding Rental property inspections.
2. We received your request on 7 September 2020.
3. 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.
4. 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 agreed an extension to that time frame with you
before the due date.
Yours faithfully
GOVERNANCE TEAM
Napier City Council, Private Bag 6010, Napier 4142
t +64 6 835 7579 [9]www.napier.govt.nz
[10]Napier City Council - Te Kaunihera o Ahuriri
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 Part 4 Electronic Transactions.
Please consider the environment before printing this email.
From: Aaron Packard <[11][FOI #13711 email]>
Sent: Monday, 7 September 2020 5:16 PM
To: Local Governance <[12][Napier City 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 Napier City 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)
<[13]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).
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[14][FOI #13711 email]
Is [15][Napier City Council request email] the wrong address for Official
Information requests to Napier City Council? If so, please contact us
using this form:
[16]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[17]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
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2. mailto:[Napier City Council request email]
3. mailto:[email address]
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9. http://www.napier.govt.nz/
10. http://www.napier.govt.nz/
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12. mailto:[Napier City Council request email]
13. https://wellington.govt.nz/~/media/your-...
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