Good morning Aaron

Thank you for your email dated 10 September 2020 requesting information under the Local Government Official Information and Meetings Act 1987 relating to Council inspecting rental housing properties under the Public Health Act.

The information you request will be compiled and we will respond to you as soon as practicable but within 20 working days after the day on which your request was received, as allowed under s13(1) of the Act.

The response and information provided to you may be published on the Masterton District Council website, however before publication personal details and anything that could potentially identify the requester will be removed.

Kind regards,

RUTH COX
Administration Manager
0272 701 723

-----Original Message-----
From: Aaron Packard <[FOI #13760 email]>
Sent: Thursday, 10 September 2020 5:56 PM
To: Ruth Cox <[email address]>
Subject: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?

Dear Masterton 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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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
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Good afternoon,

 

Thank you for your email dated 10 September 2020 requesting information
under the Local Government Official Information and Meetings Act 1987
relating to Council inspecting rental housing properties under the Public
Health Act.

 

Masterton District Council's answers to your questions are highlighted
below.

 

I trust this information satisfies your request. However, you have a right
to seek a review, under section 27 of the Local Government Official
Information and Meetings Act 1987, regarding the information we have
provided.

 

Ngā mihi,

 

DANIELLE ARMSTRONG

Executive Assistant to the Chief Executive

06 370 6283

027 807 0304

-----Original Message-----

From: Aaron Packard <[1][FOI #13760 email]>

Sent: Thursday, 10 September 2020 5:56 PM

To: Ruth Cox <[2][email address]>

Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Masterton 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?
We have used our powers under the Health Act 1956 and inspected 7 times

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? Service Requests or enquiries are made by the
effected parties, MDC reviews and considers options.

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? Action can be  taken under the Health Act 1956 or
the Building Act 2004. Tenants need to first raise the issue with the
landlord and give them the opportunity to remedy the issue raised, before
the council will investigate.

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

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

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)
<[3]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:

[4][FOI #13760 email]

 

Is [5][Masterton District Council request email] the wrong address for Official Information requests
to Masterton District Council? If so, please contact us using this form:

[6]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:

[7]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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