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 Central Hawke's Bay District Council
The request was successful.
From: Aaron Packard
Dear Central Hawke's Bay 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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
Central Hawke's Bay District Council
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please call 06 857 8060 (24 hr service). Otherwise we will be in touch as
soon as we can. Ngā mihi.
From: Bridget Gibson
Central Hawke's Bay District Council
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Good morning Aaron,
This email is acknowledgement that CHBDC has received your LGOIMA request
dated 8 September 2020, and will respond to your request as soon as
practicable, and within the 20 working day statutory timeframe (6 October
2020).
Regards,
Bridget Gibson
Bridget Gibson
Governance Support Officer
Central Hawke's Bay District Council
PO Box 127
[1]CHBDC Website 28 ‑ 32 Ruataniwha Street
[4]Central Waipawa 4210
[2]Facebook [3]LinkedIn Hawkes Bay 06 857 8060
District [5]0272840997
Council [6]This communication, including any attachments, is
confidential. If you are not the intended recipient, please delete
it. Refer to the disclaimer on our website.
Got an idea or feedback? Fantastic! You can[7] let us know here
[8]Thrive!
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From: Bridget Gibson
Central Hawke's Bay District Council
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Dear Aaron,
Re: Official Information Request – Rental Housing Properties Inspection
Please find below CHBDC’s response to your information request received
September 8, 2020. The information request was managed by Natasha
Karaitiana - Environmental Health Technician, and if you have any
questions regarding this response, please do not hesitate in contacting
Natasha or myself.
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?
4
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?
1
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
Only acted upon complaints
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?
It is the Health Act not public health act but a complaint would be
received and a team member from environmental heath will carry out the
inspection and if required depending on the situation will involve the
building inspector and or the public health unit team at the district
health board
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
There is a Dangerous and Insanitary Buildings Policy under the Building
Act on CHBDC’s website
6. What is your process for engaging with the Tenancy Tribunal to
provide reports on the rental housing inspections you conduct?
Have had requests in the past and have provided a report depending on
circumstances (if it's insanitary – building team will get involved)
Aaron, You have the right to seek an investigation and review by the
Ombudsman of this decision to release information. Information about how
to make a complaint is available at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.
Kind regards,
Bridget
Bridget Gibson
Governance Support Officer
Central Hawke's Bay District Council
PO Box 127
[2]CHBDC Website 28 ‑ 32 Ruataniwha Street
[5]Central Waipawa 4210
[3]Facebook [4]LinkedIn Hawkes Bay 06 857 8060
District [6]0272840997
Council [7]This communication, including any attachments, is
confidential. If you are not the intended recipient, please delete
it. Refer to the disclaimer on our website.
Got an idea or feedback? Fantastic! You can[8] let us know here
[9]Thrive!
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. CHBDC Website
https://www.chbdc.govt.nz/
3. Facebook
https://www.facebook.com/CHBDistrictCoun...
4. LinkedIn
https://www.linkedin.com/company/central...
5. Central Hawkes Bay District Council
https://www.chbdc.govt.nz/
6. file:///tmp/tel:0272840997
7. https://www.chbdc.govt.nz/our-council/ab...
8. https://www.chbdc.govt.nz/our-council/ab...
9. Thrive!
https://www.chbdc.govt.nz/our-council/ab...
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