Good morning Aaron,
 
This is confirmation that Council has received your LGOIMA request.
 
Your email has been forwarded to Barbara Gavan, EPA to the Mayor and Chief
Executive Officer, for a response.  If you should wish to contact Barbara
directly at any stage, her email is [1][email address]  
 
Kind regards,
 
Christine Allanson
Receptionist
South Wairarapa District Council
06 306 9611, Ext. 828
PO Box 6  Martinborough 5741
19 Kitchener Street  Martinborough 5711
[2]www.swdc.govt.nz
 
 
 
Please consider the environment before printing this e-Mail.
This message is intended solely for the recipient and may contain
confidential or privileged information. If you have received this e-mail
in error please notify the sender and delete.
 
 
 
 
Please consider the environment before printing this e-Mail.
This message is intended solely for the recipient and may contain
confidential or privileged information. If you have received this e-mail
in error please notify the sender and delete.
 
 
-----Original Message-----
From: Aaron Packard <[FOI #13769 email]>
Sent: Saturday, 12 September 2020 5:21 p.m.
To: Enquiries <[South Wairarapa District Council request email]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?
 
Dear South Wairarapa 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)
<[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:
[FOI #13769 email]
 
Is [South Wairarapa District Council request email] the wrong address for Official Information
requests to South Wairarapa District Council? If so, please contact us
using this form:
[4]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:
[5]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.
 
 
-------------------------------------------------------------------
 
 

References

Visible links
1. mailto:[email address]
2. http://www.swdc.govt.nz/
3. https://wellington.govt.nz/~/media/your-...
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

hide quoted sections

Dear Aaron

 

Thank you for your request of 12 September.  Please find below the advice
you requested.  I apologise that the response is so late in coming.

 

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?
ZERO

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? ZERO

3. How do you identify which rental housing properties to inspect under
the Public Health Act? This would be on a complaint basis or upon request

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 would look to help where possible and where
resourcing would allow

5. What information is available on your website or in your publications
on rental housing inspections provided by the Council? Currently, none.

6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct? We would follow a
directive from the Tenancy Tribunal

 

Yours sincerely

 

 

 

Barbara Gavan
Executive Assistant to CEO & Mayor

South Wairarapa District Council

06 306 9611 x 832
PO Box 6  Martinborough 5741

19 Kitchener Street  Martinborough 5711

[1][email address]

 

[2]SWDC- Signature

 

 

Please consider the environment before printing this e-Mail.

This message is intended solely for the recipient and may contain

confidential or privileged information. If you have received this

e-mail in error please notify the sender and delete.

 

 

 

 

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

From: Aaron Packard <[3][FOI #13769 email]>

Sent: Saturday, 12 September 2020 5:21 p.m.

To: Enquiries <[4][South Wairarapa District Council request email]>

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

 

Dear South Wairarapa 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)
<[5]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:

[6][FOI #13769 email]

 

Is [7][South Wairarapa District Council request email] the wrong address for Official Information
requests to South Wairarapa District Council? If so, please contact us
using this form:

[8]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:

[9]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.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. mailto:[email address]
3. mailto:[FOI #13769 email]
4. mailto:[South Wairarapa District Council request email]
5. https://wellington.govt.nz/~/media/your-...
6. mailto:[FOI #13769 email]
7. mailto:[South Wairarapa District Council request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers

hide quoted sections