Good Morning Aaron

Thank you for your email. Your request has been logged as a LGOIMA and sent through to our Legal Team for them to respond to you.

Kind Regards

Anne

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Dear Mr Packard

 

I am writing to acknowledge receipt of your official information request
dated 9 September 2020 asking how Council uses its rights under the Public
Health Act to inspect rental housing properties.

We received your request on 9 September 2020.  We will endeavour to
respond to your request as soon as possible and in any event no later than
7 October 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.

If you have any queries, please feel free to contact me on (06) 349 0001
or by return email.  If any additional factors come to light which are
relevant to your request, please do not hesitate to contact me so that
these can be taken into account.

Kind regards

 

Kellie Brougham

 

 

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Dear Mr Packard

 

I refer to your official information request dated 9 September 2020 asking
how Council uses its rights under the Public Health Act to inspect rental
housing properties.

 

The information you have requested is as follows: - (*Health Act 1956)  

 

In the past five years, how many times has the Council used their rights
under the Public Health Act* to inspect rental housing properties?

The Council has powers under the Health Act 1956, Housing Improvement
Regulations 1947 and Building Act 2004 where there are health related
issues in any building. The Council also has powers under the Building Act
in respect of unsanitary and unsafe buildings. From time to time the
Council is called upon to inspect buildings using these powers. In the
last five years, none of the buildings inspected have been rental housing
properties.      

 

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?

Council has not exercised any powers to issue a repair or closure notice
to landlords in the past five years.

 

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

From a Health Act 1956 perspective, Council inspects properties by way of
a complaints process (often notified by the public), it does not identify
rental houses for inspections specifically. For example; a member of the
public may contact Council to complain that their neighbour’s property is
overgrown and attracting pests.

 

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?

As compliance for rental properties are regulated by the Tenancy Services
New Zealand (Ministry of Business, Innovation and Employment) tenants
would normally contact the Tenancy Service if they have concerns with the
healthy home compliance of their rental property. The Tenancy Service
would make a decision whether to involve Council or not. Should the
Tenancy Service require Council to trigger compliance via the powers that
are available to them, this then becomes a matter between the Council and
the property owner. We have had one instance of this happening in the last
five years.

 

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

As Council does not specifically initiate rental housing inspections there
is no information on our website.

 

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

The Council does not directly engage with the Tenancy Tribunal. See our
answers to the earlier questions regarding how the Council becomes
involved in inspections.

 

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

If you wish to discuss this decision with us, please feel free to contact
me on 06 349 0001 or by return email.

 

 

Yours sincerely

 

 

Kellie Brougham

 

On behalf of

Rob Goldsbury

Legal Counsel

 

 

| LGOIMA Request
P: +64 | M: +64
[2]www.whanganui.govt.nz
Whanganui District Council | | | Whanganui
[3]Keep NZ Beautiful Finalist
[4][IMG][5] Like Us on Facebook

Please consider the environment before printing this email

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