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Good Afternoon Aaron,

 

This is to acknowledge receipt of your official information request
regarding Council using its rights under the Public Health Act to inspect
rental housing properties.

We will endeavour to respond to your request as soon as possible and in
any event no later than 12 October 2020, being 20 working days after the
day your request was received (14 September 2020). If we are unable to
respond to your request by then, we will notify you of an extension of
that timeframe.

 

Further information can be found via the Ombudsman’s office which explains
how Requests for Information are dealt with:
[1]http://www.ombudsman.parliament.nz/

 

Please note that as well as responding directly to you, Waitaki District
Council may also choose to release responses to requests for information
on the council website.

Information requested by the media, from public sector organisations and
MPs will always be published. 

 

In order to protect the privacy of individuals, we will not generally
publish information specific to an individual or their property, or
information that identifies individual requesters.

 

Kind regards,

 

 

Eden Maher Waitaki District
Information Management Officer Council [3]Facebook
20 Thames Street [2]Waitaki
Email: [email address] Private Bag 50058 District  
Web: www.waitaki.govt.nz Oamaru Council
Mobile:+64 27 383 2466 Waitaki District [4]Twitter
Tel: +64 3 433 0300 Otago 9444
New Zealand

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The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

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

 

From: Aaron Packard <[6][FOI #13801 email]>
Sent: Monday, 14 September 2020 5:43 PM
To: Service <[7][email address]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Waitaki 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)
<[8]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:
[9][FOI #13801 email]

Is [10][Waitaki District Council request email] the wrong address for Official Information
requests to Waitaki District Council? If so, please contact us using this
form:
[11]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:
[12]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.

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

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
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relation of the contents of this information is strictly prohibited and
may be unlawful.

This email has been scanned for viruses and malware, and may have been
automatically archived by Mimecast Ltd, an innovator in Software as a
Service (SaaS) for business. Providing a safer and more useful place for
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compliance. To find out more [13]Click Here.

References

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2. https://www.waitaki.govt.nz/
3. https://www.facebook.com/WaitakiDistrict...
4. https://twitter.com/waitakidc
5. https://vote.nz/
6. mailto:[FOI #13801 email]
7. mailto:[email address]
8. https://wellington.govt.nz/~/media/your-...
9. mailto:[FOI #13801 email]
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hide quoted sections

Good Afternoon Aaron,

 

I refer to your official information request dated 14 September 2020 for
details on how Council uses its rights under the Public Health Act to
inspect rental housing properties?

Council Officers have reviewed your request and have supplied the below
responses (in red).

 

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?

Records indicate that over the past 5 years we have used this power on 4
occasions for 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?

Nil

3. How do you identify which rental housing properties to inspect under
the Public Health Act?

Waitaki District Council investigates all health related complaints
involving properties within our district.
During the investigation process if there is a need to use powers to
inspect under the Health Act, then warranted officers are authorised to
enter and inspect properties accordingly.

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?

Waitaki District Council does not offer this service, unless the report is
as the result of an Environmental Health related complaint and is being
investigated by Council officers.

 

5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?

The attached link provides access to all Waitaki District Councils Website
‘Rental Housing’ related information

[1]https://www.waitaki.govt.nz/search/Pages...

6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
As a Landlord in any tribunal hearings. Or when required to under
legislation.

 

You have the right to seek an investigation and review by the Ombudsman of
this information.
Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

If you wish to discuss this decision with us, please feel free to contact
Council’s Regulatory Manager.

Yours sincerely,

 

 

Eden Maher Waitaki District
Information Management Officer Council [4]Facebook
20 Thames Street [3]Waitaki
Email: [email address] Private Bag 50058 District  
Web: www.waitaki.govt.nz Oamaru Council
Mobile:+64 27 383 2466 Waitaki District [5]Twitter
Tel: +64 3 433 0300 Otago 9444
New Zealand

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

[6]Enrol now. vote.nz

The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

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

From: Lgoima <[email address]>
Sent: Tuesday, 15 September 2020 11:47 AM
To: [FOI #13801 email]
Subject: RE: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Good Afternoon Aaron,

 

This is to acknowledge receipt of your official information request
regarding Council using its rights under the Public Health Act to inspect
rental housing properties.

We will endeavour to respond to your request as soon as possible and in
any event no later than 12 October 2020, being 20 working days after the
day your request was received (14 September 2020). If we are unable to
respond to your request by then, we will notify you of an extension of
that timeframe.

 

Further information can be found via the Ombudsman’s office which explains
how Requests for Information are dealt with:
[7]http://www.ombudsman.parliament.nz/

 

Please note that as well as responding directly to you, Waitaki District
Council may also choose to release responses to requests for information
on the council website.

Information requested by the media, from public sector organisations and
MPs will always be published. 

 

In order to protect the privacy of individuals, we will not generally
publish information specific to an individual or their property, or
information that identifies individual requesters.

 

Kind regards,

 

 

Eden Maher Waitaki
Information Management Officer District
Council
Email: [8][email address] 20 Thames [11]Facebook
Web: [9]www.waitaki.govt.nz Street [10]Waitaki
Mobile:+64 27 383 2466 Private Bag District  
Tel: +64 3 433 0300 50058 Council
Oamaru [12]Twitter
Waitaki
District
Otago 9444
New Zealand

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

[13]Enrol now. vote.nz

The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

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

 

From: Aaron Packard <[14][FOI #13801 email]>
Sent: Monday, 14 September 2020 5:43 PM
To: Service <[15][email address]>
Subject: Official Information request - How is the Council using its
rights under the Public Health Act to inspect rental housing properties?

 

Dear Waitaki 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)
<[16]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:
[17][FOI #13801 email]

Is [18][Waitaki District Council request email] the wrong address for Official Information
requests to Waitaki District Council? If so, please contact us using this
form:
[19]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:
[20]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.

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

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and
may be unlawful.

This email has been scanned for viruses and malware, and may have been
automatically archived by Mimecast Ltd, an innovator in Software as a
Service (SaaS) for business. Providing a safer and more useful place for
your human generated data. Specializing in; Security, archiving and
compliance. To find out more [21]Click Here.

References

Visible links
1. https://www.waitaki.govt.nz/search/Pages...
2. http://www.ombudsman.parliament.nz/
3. https://www.waitaki.govt.nz/
4. https://www.facebook.com/WaitakiDistrict...
5. https://twitter.com/waitakidc
6. https://vote.nz/
7. http://www.ombudsman.parliament.nz/
8. mailto:[email address]
9. http://www.waitaki.govt.nz/
10. https://www.waitaki.govt.nz/
11. https://www.facebook.com/WaitakiDistrict...
12. https://twitter.com/waitakidc
13. https://vote.nz/
14. mailto:[FOI #13801 email]
15. mailto:[email address]
16. https://wellington.govt.nz/~/media/your-...
17. mailto:[FOI #13801 email]
18. mailto:[Waitaki District Council request email]
19. https://fyi.org.nz/change_request/new?bo...
20. https://fyi.org.nz/help/officers
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