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 Whanganui District Council
The request was successful.
From: Aaron Packard
Dear Whanganui 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: Anne Couper
Whanganui District Council
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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From: WDC Information Request
Whanganui District Council
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
| LGOIMA Request
P: +64 | M: +64
[1]www.whanganui.govt.nz
Whanganui District Council | | | Whanganui
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From: WDC Information Request
Whanganui District Council
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
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