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 South Taranaki District Council
The request was successful.
From: Aaron Packard
Dear South Taranaki 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: privacyofficer
South Taranaki District Council
Dear Aaron
Request ID: OIR-L20058
Please accept this email as acknowledgement that the South Taranaki
District Council has received your Information Request. Your request will
be responded to within 20 working days in accordance with the Local
Government Official Information Meetings Act (LGOIMA).
In the meantime, if you have any further queries please feel free to
contact me.
Becky Wolland
Kaihautū Kaupapa Here me te Whaitikanga | Policy and Governance Manager
South Taranaki District Council
Albion Street, Hawera | Private Bag 902, Hawera 4640, NZ
Phone: 0800 111 323 |> [1]www.southtaranaki.com
This e-mail and any attachments may contain confidential and privileged
information. If you are not the intended recipient, please notify the
sender immediately by return e-mail, delete this e-mail and destroy any
copies. Any dissemination or use of this information by a person other
than the intended recipient is unauthorised and may be illegal. Please
note that this communication does not designate an information system for
the purposes of the Contract and Commercial Law Act 2017.
References
Visible links
1. http://www.southtaranaki.com/
From: privacyofficer
South Taranaki District Council
Good afternoon Aaron,
Request - OIR-L20058
Thank you for your request regarding rights under the Public Health Act to
inspect rental housing properties.
Original Request
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?
The South Taranaki District Council have not inspected any rental housing
properties under the Public Health Act in the last five years.
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?
The South Taranaki District Council have not exercised its powers to issue
repair or closure notices to property owners in the last five years.
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
The Council have not inspected any properties in the past 5 years. Going
forward, we would base inspections on what type of concern was raised by
the complainant and whether it might have a direct impact on the
occupants’ health and safety (for example, basic hot/cold water, adequate
insulation and heating, weather-tightness and working smoke alarms).
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?
A tenant can request an inspection through a written application submitted
to the Environmental Health team.
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
There is currently no official information available on the Council’s
website however this will be updated in due course.
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
The Council do not engage directly with the Tenancy Tribunal. The report
prepared by the Council will be passed onto the applicant, who in turn may
wish to engage with the Tenancy Tribunal.
If you have any further queries please contact us.
Becky Wolland
Kaihautū Kaupapa Here me te Whaitikanga | Policy and Governance Manager
South Taranaki District Council
Albion Street, Hawera | Private Bag 902, Hawera 4640, NZ
Phone: 0800 111 323 |> [1]www.southtaranaki.com
This e-mail and any attachments may contain confidential and privileged
information. If you are not the intended recipient, please notify the
sender immediately by return e-mail, delete this e-mail and destroy any
copies. Any dissemination or use of this information by a person other
than the intended recipient is unauthorised and may be illegal. Please
note that this communication does not designate an information system for
the purposes of the Contract and Commercial Law Act 2017.
References
Visible links
1. http://www.southtaranaki.com/
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