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 Waipa District Council
The request was successful.
From: Aaron Packard
Dear Waipa 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: info
Waipa District Council
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From: Karl Tutty
Waipa District Council
Afternoon,
The initial response from Waipâ District Council is recorded 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?
There is no “Public Health Act”, this response is provided on the
assumption this is intended to reference the Health Act 1956.
Between 1 July 2015 and 30 July 2020 Council received 90 calls where
“unfit housing” was directly referenced. As we have no reliable record of
what houses are in use as rentals we cannot accurately say what number of
these complaints related to rentals, and they are not separately recorded.
These complaints may also cover aspects not directly related to the
standard of the house itself, such as vermin or other general issues.
There may also be relevant complaints where unfit housing has not been
specifically referenced (such as Building Act enquiries). Complaints may
not be from tenants. The number of times an inspection has occurred is not
specifically recorded.
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
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
Council holds no register of properties used for rental purposes.
Inspections are as the result of complaints or enquiries. The approach you
have outlined is one Council’s approach in this space and has not been
considered by this Council to date.
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?
Tenants would need to contact Council with specific concerns as to the
standard of the house, and Council would need cause to believe these
breach the Act/regulations. The Act and regulations prescribe no process
or requirement for a report to be provided, so a fee may apply. Council
would usually pursue any justified issues with the landlord (i.e. it is a
potential enforcement issue rather than a consultancy service).
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
This is public information available at
[1]https://www.waipadc.govt.nz/our-services...
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
We have on some occasions been requested to provide advice to the
Tribunal. This is a civil proceeding and each request would be assessed on
its merits. Council’s role is restricted to issues of public health and
not the resolution of civil or tenancy matters. Council would not engage
the Tribunal directly.
Any further requests for information are likely to be subject to the
following:
In accordance with Council’s fees and charges policy, charges for
providing the information may be invoiced as follows:
a) The first hour of staff time incurred to respond to LGOIMA requests is
free of charge; and
b) After the first hour, a charge of $42.50 for every half hour or part
thereof is applicable; and
c) There is no charge for photocopying on standard A4 for the first five
pages, however each page from pages six onwards will be charged at 20
cents per page.
If you are not satisfied with this response you can make a request to the
Ombudsman to investigate and review it. The address for the Office of the
Ombudsman is PO Box 10152, Wellington 6143 or email:
[2][email address]
...................................................................................................................................
Karl Tutty Manager Compliance WAIPA DISTRICT COUNCIL
[3][email address] | [4]www.waipadc.govt.nz
PH: 07 872 0030 | MOB: 027 584 7072| FAX: 07 872 0033
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This electronic message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If this
message is not intended for you, do not use, read, distribute or copy it.
Please contact the sender immediately and delete the original message and
any attachments. Before opening or using attachments, check them for
viruses and effects. Waipâ District Council makes reasonable efforts to
ensure that its electronic messages have been scanned and are free of
viruses, however takes no responsibility for affected messages or
attachments.
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Te Kaunihera â Rohe o Waipa
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