Dear Mr Packard,

 

Thank you for your email.

 

We are handling your request under the Local Government Official
Information and Meetings Act 1987 (LGOIMA). Your request has been
forwarded to the appropriate Christchurch City Council staff, and we will
provide a response or update within 20 working days of the date we
received your request.

 

Kind regards,

 

Ana Macadie
Information Advisor
Office of the Mayor and Chief Executive

 

 
   
[1][email address]
Te Hononga Civic Offices, 53 Hereford Street, Christchurch
PO Box 73016, Christchurch 8154
[2]ccc.govt.nz

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

 

 

 

 

 

From: Aaron Packard <[FOI #13783 email]>
Sent: Sunday, 13 September 2020 5:38 PM
To: Official Information <[email address]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Christchurch City 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:
[4][FOI #13783 email]

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Information requests to Christchurch City Council? If so, please contact
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**********************************************************************
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and may not necessarily reflect the views of the Christchurch City
Council.
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sender and delete.
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http://www.ccc.govt.nz
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References

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1. mailto:%[email address]
2. http://ccc.govt.nz/
3. https://wellington.govt.nz/~/media/your-...
4. mailto:[FOI #13783 email]
5. mailto:[Christchurch City Council request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

Dear Aaron,

 

Thank you for your email.

 

Staff have advised the following:

 

1.      The Christchurch City Council has conducted 277 housing
inspections in the last 5 years. These inspections have been undertaken in
accordance with the Council’s powers under the Health Act 1956. The
Council does not specifically record whether an inspected property is a
rental or owner occupied. However, staff who conduct these inspections
estimate that more than 95% of all housing inspections relate to rental
properties.

 

2.      No notices have been served. Reports are provided to tenants who
work with tenant’s rights advocate groups such a Tenant’s Protection Assn
to address any actionable issues via residential tenancy laws.

 

3.      As noted above, Council inspections are undertaken under the
Health Act 1986. Inspections are conducted on a reactive basis following
the receipt of information or a complaint.

 

4.      Typically Council receives a service request by phone from a
tenant or a concerned agency. Officers work with Housing agencies, Public
Health, Tenancy Services and tenant’s rights advocate groups such as
Tenant’s Protection Assn.

 

5.      Nil

 

6.      Officers work with Tenancy Services, providing reports on
properties and appearing at hearings where required.

 

Additional Information

 

Christchurch City Council also has a Dangerous and Insanitary Building
Policy which is required by Section 131 of the Building Act. It can be
found at   -

[1]https://ccc.govt.nz/assets/Documents/The...

Section 10 of this document lists other relevant legislation including the
Health Act and what additional powers are held there.

 

I hope that this has been of assistance. If you require any further
information please let me know.

 

You have the right to request the Ombudsman to review this decision.
Complaints can be sent by email to [2][email address], or by
post to The Ombudsman, PO Box 10152, Wellington 6143.

 

Kind regards,

 

 

Ana Macadie
Information Advisor
Office of the Mayor and Chief Executive

 

 
   
   
Te Hononga Civic Offices, 53 Hereford Street, Christchurch
PO Box 73016, Christchurch 8154
[3]ccc.govt.nz

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

 

 

 

 

 

 

 

From: Aaron Packard <[FOI #13783 email]>
Sent: Sunday, 13 September 2020 5:38 PM
To: Official Information <[email address]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Christchurch City 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)
<[4]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:
[5][FOI #13783 email]

Is [6][Christchurch City Council request email] the wrong address for Official
Information requests to Christchurch City Council? If so, please contact
us using this form:
[7]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:
[8]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.

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

**********************************************************************
This electronic email and any files transmitted with it are intended
solely for the use of the individual or entity to whom they are addressed.

The views expressed in this message are those of the individual sender
and may not necessarily reflect the views of the Christchurch City
Council.
If you are not the correct recipient of this email please advise the
sender and delete.
Christchurch City Council
http://www.ccc.govt.nz
**********************************************************************

References

Visible links
1. https://ccc.govt.nz/assets/Documents/The...
2. mailto:[email address]
3. http://ccc.govt.nz/
4. https://wellington.govt.nz/~/media/your-...
5. mailto:[FOI #13783 email]
6. mailto:[Christchurch City Council request email]
7. https://fyi.org.nz/change_request/new?bo...
8. https://fyi.org.nz/help/officers