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 Buller District Council
The request was successful.
From: Aaron Packard
Dear Buller 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: BDC_Lgoima
Buller District Council
Reference: OIA 057/20
Dear Aaron
Under The Local Government Official Information and Meetings Act (LGOIMA),
your request must be dealt with as soon as is reasonably practicable and
in no case later than 20 working days after the day on which the request
is received. 20 working days excludes Saturdays and Sundays, Public and
Provincial Holidays and the period between 20 December and 10 January
inclusive. On this basis, we calculate a response to your request
received on 12 September 2020 is due by 9 October 2020, at the latest. We
shall of course endeavour to process your request as quickly as staff
resources allow.
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Kind regards
Buller District Council | Phone 0800 807 239 | [1]www.bullerdc.govt.nz
PO Box 21 | Westport 7866
Community Driven | One Team | Future Focused | Integrity | We Care
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to be the views of Buller District Council.
[2]Buller District Council Website [3][IMG]
References
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1. http://bullerdc.govt.nz/
2. http://bullerdc.govt.nz/
3. http://westport.nz/
From: BDC_Lgoima
Buller District Council
Dear Aaron
We refer to your official information request dated 14 September 2020 for
How is the Council using its rights under the Public Health Act to inspect
rental housing properties
The information you have requested is 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?
Two
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?
Notification by the Tribunal or Complaints
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?
Via a Service Request
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
None
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
Upon Request
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
www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you wish to discuss this decision with us, please feel free to contact
the Buller District Council by return email to [email address].
Kind regards
Buller District Council | Phone 0800 807 239 | [1]www.bullerdc.govt.nz
PO Box 21 | Westport 7866
Community Driven | One Team | Future Focused | Integrity | We Care
Email Disclaimer: This correspondence is for the named person's use only.
It may contain confidential or legally privileged information or both. No
confidentiality or privilege is waived or lost by any mistransmission. If
you receive this correspondence in error, please immediately delete it
from your system and notify the sender. You must not disclose, copy or
relay any part of this correspondence if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the sender expressly, and with authority, states them
to be the views of Buller District Council.
[2]Buller District Council Website [3][IMG]
[4]Get Ready - Shakeout
References
Visible links
1. http://bullerdc.govt.nz/
2. http://bullerdc.govt.nz/
3. http://westport.nz/
4. https://getready.govt.nz/involved/shakeo...
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