Printed from https://fyi.org.nz./request/13722-how-is-the-council-using-its-rights-under-the-public-health-act-to-inspect-rental-housing-properties on November 16, 2024 12:28

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 Ruapehu District Council

The request was successful.

From: Aaron Packard

Dear Ruapehu 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The Housing Improvement Regulations 1947, originally made under the Housing Improvement Act 1945, are now in force under the Health Act 1956 (s120c).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: Erana Cate
Ruapehu District Council

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Attachment LGOIMA Acknowledgement Letter Aaron Packard.docx
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Dear Aaron

 

Please find attached an Acknowledgement letter with regards to your LGOIMA
request related to rental house inspections conducted by Council under the
Public Health Act.

 

 

Kind regards

 

Erana Cate

Administration Officer

Ruapehu District Council

 

 

----------------------------
Erana Cate    Information   
Administration Officer
Ruapehu District Council

Ruapehu District Council  |  Private Bag 1001  |  Taumarunui 3946  |  New
Zealand
Phone: 07 895 8188  ext:  212  |  Fax: 07 895 3256  |  Mobile:
email: [email address]  |  RDC website:
[1]www.ruapehudc.govt.nz

[2][IMG]

----------------------------

 

References

Visible links
1. http://www.ruapehudc.govt.nz/
2. http://www.ruapehudc.govt.nz/

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From: Phoebe Harrison
Ruapehu District Council

Good Morning Mr Packard
 
Please find attached below the responses to your questions you have
submitted under the Local Governments Official 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?
 
Ruapehu District Council have inspected a total of five rental properties
over the last five year period. One other compliant was never completed as
the tenant changed their mind and was no longer willing to discuss the
matter further.
 
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?
 
On only 2 occasions we have issued a formal notice of repair to landlords
or property managers in our district.
 
3. How do you identify which rental housing properties to inspect under
the Public Health Act?
 
We currently only respond to a complaint from the tenant or a social
service that could be involved with the tenants for any reason.
 
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?
 
This is through our normal complaints process and we always check with the
tenant if they require the results from the inspection to be provided in
report or just email form.
 
5. What information is available on your website or in your publications
on rental housing inspections provided by the Council?
 
No information is provided on our website.
 
6. What is your process for engaging with the Tenancy Tribunal to provide
reports on the rental housing inspections you conduct?
 
We have not involved the tenancy tribunal  directly in any of the previous
incidents, but on two of these occasions reports or emails have been
referred to tenancy tribunal hearings and I have appeared and spoken to my
report at one hearing.  Council believe that it is the tenants
responsibility to file any concerns directly with the tribunal.  Should I
need to I do have the ability to contact the National Manager of
Compliance and investigations within residential tenancy services for
support or regarding a matter of concern.
 
Please feel free to contact me if you require any further clarification
regarding the above.
 
Regards Phoebe Harrison
 
 
 
------------------------------------
Phoebe Harrison   Team Leader - Environmental Health and Liquor
Team Leader - Environmental Health and Liquor
Ruapehu District Council

Ruapehu District Council  |  Private Bag 1001  |  Taumarunui 3946  |  New
Zealand
Phone: 07 895 8188 ext:   |  Fax: 07 895 3256  |  Mobile:
email: [email address]
RDC website: [1]www.ruapehudc.govt.nz

------------------------------------
 

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