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 Whakatane District Council
The request was successful.
From: Aaron Packard
Dear Whakatane 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: WDC Customer Service
Whakatane District Council
Kia ora Aaron
Thank you for your request for information. I have forwarded your email to the Chief Executive, Steph O’Sullivan, to be responded to under the Local Government Official Information and Meetings Act 1987.
Under the aforementioned act, the decision on whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and if the information shall be given or posted to the person who made the request; shall be made as soon as reasonably practicable, and in no case later than 20 working days after the day on which the request is received by that local authority.
Please see our public website for information about making an official information request and the Local Government Official Information and Meetings Act 1987 under which such information is given:
https://www.whakatane.govt.nz/contact-us...
If you have any further enquiries, please call us directly on 07 306 0500 or email [email address]
Ngā mihi,
Gail Kerr
CUSTOMER SERVICES OFFICER .
ĀPIHA RATONGA TĀNGATA
WHAKATĀNE DISTRICT COUNCIL
P 07 306 0500 Ext 7404 F 07 307 0718
E [email address] W whakatane.govt.nz
Commerce Street, Private Bag 1002, Whakatāne 3158, New Zealand
The content of this email is confidential information and may also be legally privileged,
intended only for the person named above. If this email is not addressed to you, you
must not use, read, distribute or copy this document. If you have received this document
by mistake, please call us on 0800 WDCICT and destroy the original message. Thank you.
-----Original Message-----
From: Aaron Packard <[FOI #13689 email]>
Sent: Sunday, 6 September 2020 4:12 PM
To: WDC Customer Service <[email address]>
Subject: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?
Dear Whakatane 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).
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From: Mitchell Kinney
Whakatane District Council
Hi
Please find attached a letter from the Acting Chief Executive in response
to your LGOIMA request.
Ngâ mihi
Mitchell Kinney
Personal Assistant – General Manager Planning and Infrastructure .
KAIÂWHINA
WHAKATÂNE DISTRICT COUNCIL
P 07 306 0500 Ext 7515 DDI 07 306 0502 F 07 307 0718
E [1][email address] W [2]whakatane.govt.nz
Commerce Street, Private Bag 1002, Whakatâne 3158, New Zealand
[3]https://www.whakatane.govt.nz/static/wdc...
[7]https://www.whakatane.govt.nz/sites/www....
The content of this email is confidential information and may also be
legally privileged,
intended only for the person named above. If this email is not addressed
to you, you
must not use, read, distribute or copy this document. If you have received
this document
by mistake, please call us on 0800 WDCICT and destroy the original
message. Thank you.
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