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 Hutt City Council
The request was successful.
From: Aaron Packard
Dear Hutt 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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).
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From: Euan Kyle
Hutt City Council
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14/09/2020
Aaron Packard
[1][FOI #13759 email]
Renters United Organiser
027 3519994
Dear Aaron Packard,
REQUEST FOR INFORMATION - LOCAL GOVERNMENT OFFICIAL INFORMATION AND
MEETINGS ACT 1987: ACKNOWLEDGEMENT OF REQUEST
I am writing to acknowledge receipt of your official information request
dated 10 September 2020 for information regarding how the Council is using
its rights under the Public Health Act to inspect rental housing
properties.
We received your request on 11 September 2020. We will endeavour to
respond to your request as soon as possible and in any event no later than
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 any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be taken
into account.
Yours sincerely,
Euan Kyle
Senior Advisor, Official Information and Privacy
Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702 W [2]www.huttcity.govt.nz
Euan Kyle
Senior Advisor – OIA & Privacy
Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702, M 022 4155438, W [3]www.huttcity.govt.nz
[4][IMG]
IMPORTANT: The information contained in this e-mail message may be legally
privileged or confidential. The information is intended only for the
recipient named in the e-mail message. If the reader of this e-mail
message is not the intended recipient, you are notified that any use,
copying or distribution of this e-mail message is prohibited. If you have
received this e-mail message in error, please notify the sender
immediately. Thank you.
From: Contact
Sent: Friday, 11 September 2020 8:15 AM
To: Information Management Team
Subject: FW: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
[#52C71O]
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From: Euan Kyle
Hutt City Council
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08/10/2020
Aaron Packard
[1][FOI #13759 email]
Renters United Organiser
027 3519994
Dear Aaron Packard,
Request for Information – Local Government Official Information and
Meetings Act 1987
We refer to your official information request dated 10 September 2020 for
information regarding how the Council is using its rights under the Public
Health Act to inspect rental housing properties.
Please see our response to your questions below.
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?
o During this time, Environmental Health have received 49 complaints
specific to substandard housing. Most of these would involve a site
visit/inspection.
1. 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?
o Twice.
2. How do you identify which rental housing properties to inspect under
the Public Health Act?
o Response to complaints.
3. 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?
o They need to notify the council and our contact details can be
found on our [2]website.
4. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
o Please find information available [3]here
o In addition, council has an Eco Design Advisor who can provide advice
on preventing dampness and moisture.
5. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
o We do not engage directly with the tribunal, but have provided
reports for tenants wishing to appear before the tribunal.
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
[4]www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely,
Euan Kyle
Senior Advisor, Official Information and Privacy
Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702 W [5]www.huttcity.govt.nz
From: Euan Kyle
Sent: Monday, 14 September 2020 8:09 AM
To: [FOI #13759 email]
Subject: RE: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
[#52C71O]
14/09/2020
Aaron Packard
[6][FOI #13759 email]
Renters United Organiser
027 3519994
Dear Aaron Packard,
REQUEST FOR INFORMATION - LOCAL GOVERNMENT OFFICIAL INFORMATION AND
MEETINGS ACT 1987: ACKNOWLEDGEMENT OF REQUEST
I am writing to acknowledge receipt of your official information request
dated 10 September 2020 for information regarding how the Council is using
its rights under the Public Health Act to inspect rental housing
properties.
We received your request on 11 September 2020. We will endeavour to
respond to your request as soon as possible and in any event no later than
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 any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be taken
into account.
Yours sincerely,
Euan Kyle
Senior Advisor, Official Information and Privacy
Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702 W [7]www.huttcity.govt.nz
Euan Kyle
Senior Advisor – OIA & Privacy
Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702, M 022 4155438, W [8]www.huttcity.govt.nz
[9][IMG]
IMPORTANT: The information contained in this e-mail message may be legally
privileged or confidential. The information is intended only for the
recipient named in the e-mail message. If the reader of this e-mail
message is not the intended recipient, you are notified that any use,
copying or distribution of this e-mail message is prohibited. If you have
received this e-mail message in error, please notify the sender
immediately. Thank you.
From: Contact
Sent: Friday, 11 September 2020 8:15 AM
To: Information Management Team
Subject: FW: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
[#52C71O]
show quoted sections
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