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 Rangitikei District Council
The request was successful.
From: Aaron Packard
Dear Rangitikei 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: Carol Gordon
Rangitikei District Council
We have received your Official Information request. As required under the provisions of the Local Government Official Information Act your request will be responded to within 20 working days.
Regards
| Carol Gordon | Manager – Executive Office |
| 46 High Street, Private Bag 1102, Marton 4741 | www.rangitikei.govt.nz |
| P 06 327 0163 or 0800 422 522 | M 027 541 2523
-----Original Message-----
From: Aaron Packard <[FOI #13737 email]>
Sent: Wednesday, 9 September 2020 5:41 pm
To: RDC Information <[email address]>
Subject: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?
Dear Rangitikei 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).
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From: Carol Gordon
Rangitikei District Council
Good afternoon
Here is our response to your official information request. The answers to each of your questions are provided below:
Regards
| Carol Gordon | Manager – Executive Office |
| 46 High Street, Private Bag 1102, Marton 4741 | www.rangitikei.govt.nz |
| P 06 327 0163 or 0800 422 522 | M 027 541 2523 |
-----Original Message-----
From: Aaron Packard <[FOI #13737 email]>
Sent: Wednesday, 9 September 2020 5:41 pm
To: RDC Information <[email address]>
Subject: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?
Dear Rangitikei 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? 0
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? 0
3. How do you identify which rental housing properties to inspect under the Public Health Act? We don’t - we refer these to MBIE for all rental properties.
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? We don’t - we refer these to MBIE for all rental properties.
5. What information is available on your website or in your publications on rental housing inspections provided by the Council? We don’t - we refer these to MBIE for all rental properties.
6. What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct? We don’t - we refer these to MBIE for all rental properties.
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).
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #13737 email]
Is [Rangitikei District Council request email] the wrong address for Official Information requests to Rangitikei District Council? If so, please contact us using this form:
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:
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.
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If you have received this email and any attachments to it in error, please take no action based on it, copy it or show it to anyone. Please advise the sender and delete your copy. Thank you.
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If you have received this email and any attachments to it in error, please
take no action based on it, copy it or show it to anyone. Please advise the
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From: Aaron Packard
Dear Carol Gordon,
Something seems to have gone wrong somewhere and the answers appear to have not been added to the response. Could you double check and resend with the answers that would be great.
Yours sincerely,
Aaron Packard
From: Carol Gordon
Rangitikei District Council
Good morning Aaron - the answers were there - at the end of each question, given you can't format anything in the format of email you originally sent you may not have noticed the answers, to clarify:
For questions 1. 2. The answer was "0"
For questions 3. 4. 5. 6 the answer was "We don’t - we refer these to MBIE for all rental properties."
Ngā mihi,
Carol
-----Original Message-----
From: Aaron Packard [mailto:[FOI #13737 email]]
Sent: Friday, 18 September 2020 6:01 pm
To: Carol Gordon <[email address]>
Subject: Re: FW: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?
Dear Carol Gordon,
Something seems to have gone wrong somewhere and the answers appear to have not been added to the response. Could you double check and resend with the answers that would be great.
Yours sincerely,
Aaron Packard
-----Original Message-----
Good afternoon
Here is our response to your official information request. The answers to each of your questions are provided below:
Regards
| Carol Gordon | Manager – Executive Office |
| 46 High Street, Private Bag 1102, Marton 4741 | www.rangitikei.govt.nz |
| P 06 327 0163 or 0800 422 522 | M 027 541 2523 |
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13737 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.
-------------------------------------------------------------------
--------------------------------------------------------------------------
If you have received this email and any attachments to it in error, please
take no action based on it, copy it or show it to anyone. Please advise the
sender and delete your copy. Thank you.
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hide quoted sections
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