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 Tasman District Council
The request was partially successful.
From: Aaron Packard
Dear Tasman 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: LGOIMA
Tasman District Council
Kia ora
Thank you for your request for information received on 14 September 2020.
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Amy Clarke
Operational Governance
LGOIMA
LGOIMA Requests
[1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
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From: LGOIMA
Tasman District Council
Kia ora Aaron
Please find below the responses to your questions.
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. Any inspection has occurred as a result of an invitation, so the powers
associated with the Health Act 1956 have not been used.
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?
Advice is offered in response to enquiry or complaint, and on occasions
property inspections are instigated for a particular reason, for example,
after a flood event. No distinction is made between properties that are
occupied by tenants or the property owners.
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?
The Council does not routinely inspect properties to speculatively attempt
to discover public health issues. Many such issues can occur as a
consequence of the conduct of occupants; for example, not providing
sufficient ventilation or heating. If a complaint relating to public
health is received about a property, the first step is to provide advice.
If after that process it became necessary to inspect the property and
action was deemed appropriate, the first request or advice would be with
the property owner. Such records would then be made available to the
tenant if requested.
5. What is your process for engaging with the Tenancy Tribunal to
provide reports on the rental housing inspections you conduct?
The Council has no formal relationship with the Tenancy Tribunal, and
would only be a party to such a hearing if it was a tenant or a landlord.
However, as suggested above, the parties to any hearing of the Tenancy
Tribunal may choose to submit information they have obtained from the
Council as evidence.
Kind regards
LGOIMA
LGOIMA Requests
[1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[2][IMG] [3][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
show quoted sections
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