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 Tauranga City Council
The request was successful.
From: Aaron Packard
Dear Tauranga 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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) <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
Tauranga City Council
Dear Aaron Packard
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Tauranga City Council
Phone 07 577 7000
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www.tauranga.govt.nz
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From: TaurangaCityCouncil
Tauranga City Council
Dear Aaron
Thank you for your enquiry.
I have passed your request for information on to our Chief Executive's
Department, under reference no. 869661 for their response.
If you have any further enquiries you would like to discuss, please do not
hesitate to contact us on Ph: 07 577 7000 or email us at
[1][Tauranga City Council request email] and an Advisor will be available to help you.
Regards
Julie Saies | Advisor: Contact Centre
Tauranga City Council | Phone 07 577 7000 |Fax 07 577 7193 |
[2]www.tauranga.govt.nz
91 Willow Street, Private Bag 12022, Tauranga 3143 New Zealand
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From: Adele Briggs
Tauranga City Council
Dear Aaron,
We acknowledge receipt of your email dated 6 September 2020 requesting
information held in relation to the above.
We will respond to your request as soon as possible and no later than 2
October 2020, this being 20 working days after the day your request was
received.
If we can’t respond to your request by 2 October 2020, we will notify you
of an extension to the timeframe.
If you have any questions or if you have any new information that might be
relevant to your request please let us know.
Ngâ mihi,
Adele Briggs | Democracy Services Administrator
Tauranga City Council | 07 577 76889 | [1]adele.briggs @tauranga.govt.nz |
[2]www.tauranga.govt.nz
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From: William Henry
Tauranga City Council
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Dear Aaron,
Please find your LGOIMA response letter attached to this email.
Kind regards,
William Henry
William Henry| Democracy Services Advisor
Tauranga City Council | 07 577 7000 | 027 313 5942
[1][email address] | [2]www.tauranga.govt.nz
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City Council does not accept liability for any loss, damage or consequence
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