Kia ora

I am writing to acknowledge receipt of your official request dated 15
September 2020.

We will endeavour to respond to your request as soon as possible and in
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Kā mihi

 

Rebecca Murray

GOVERNANCE SUPPORT OFFICER
CIVIC              

P  03 477 4000  |  DD  03 474 3487   | E [2][email address] 

Dunedin City Council, 50 The Octagon, Dunedin

PO Box 5045, Dunedin 9054

New Zealand

[3]www.dunedin.govt.nz

 

 

 

 

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From: Aaron Packard <[FYI request #13810 email]>
Sent: Tuesday, 15 September 2020 5:43 p.m.
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 Dunedin 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)
<[5]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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References

Visible links
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2. mailto:[email address]
3. http://www.dunedin.govt.nz/
4. https://au-api.mimecast.com/s/click/OQXE...
5. https://wellington.govt.nz/~/media/your-...
6. mailto:[FYI request #13810 email]
7. mailto:[Dunedin City Council request email]
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Dear Mr Packard

 

I am writing in response to your official information request (set out
below) received on 15 September 2020.  Our responses to you questions as
listed below are in red for clarity.

 

Dear Dunedin 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?

13 times

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?

One repair notice has been issued, no closure notices were issued.

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

A complaint from a tenant would usually trigger an investigation.  The
investigation would involve a range of activities and enquiries, which may
result in an inspection.

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 process may be initiated by making a complaint, which would then be
investigated.  Each complaint is assessed on a case-by-case basis and a
range of factors are considered before determining whether an inspection
is required.

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

Information is available via this link  
[1]https://www.dunedin.govt.nz/home-and-pro...

6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?

The Council only has contact with tenants, agents and owners, and does not
engage directly with the Tenancy Tribunal

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)
<[2]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).

 

I trust that this answers your request for information.

 

Yours sincerely

 

 

Lauren McDonald

Governance Support Officer
CORPORATE SERVICES GROUP              

P  03 477 4000  |  DD  03 474 3428  |  E [3][email address] 

Dunedin City Council, 50 The Octagon, Dunedin

PO Box 5045, Dunedin 9054

New Zealand

[4]www.dunedin.govt.nz

 

 

 

[5]DCC Main Page

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References

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