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 Marlborough District Council

The request was successful.

From: Aaron Packard

Dear Marlborough 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: MDC
Marlborough District Council


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From: Tony Quirk-8077
Marlborough District Council


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Dear Mr Packard

 

I refer to your email of 12 September and have consulted with our
Environmental Health Team who addressed the six questions you raised as
follows:

 

1.     We have not been able to go back over five years.  To do so would
require research even if the data existed.  I am advised, however, that
since 1 January 2019 Council has undertaken 17 inspections of dwellings
following concerns about whether they were sanitary.  The reporting system
does not allow distinguishment between owned or tenanted.

2.     Since 1 January 2019 Council has issued 2 Cleansing Orders on
properties.  There has been no need to issue Repair or Closing Orders
during this time.

3.     Council inspects properties on request or on complaint.

4.     Tenants can phone, email or write in.

5.     There is information on our website indicating we investigate
unsanitary housing and that anyone can contact us about this issue.

6.     Council has not engaged with the Tenancy Tribunal since there has
been no request.

 

This completes your request.

 

Tony Quirk

District Secretary

[1]cid:image001.png@01D5CD43.F8403CC0

 

 

Phone:   03 520 7400

 

15 Seymour Street, PO Box 443

Blenheim 7240, New Zealand

[2][email address]

[3]www.marlborough.govt.nz

 

 

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dissemination, distribution or copying of this message is strictly
prohibited. If you have received this email in error please notify us
immediately and delete the original message. This email does not
necessarily represent the views of the Marlborough District Council. Thank
you.
 

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