Kia ora Mr Packard,

 

Thank you for your LGOIMA request for information received at Council on
12 September 2020. The Service request number assigned to your request is
2031786.

 

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any event no later than 09 October 2020, as requested. If we are unable to
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that timeframe.

 

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[1][email address].

 

 

Ngā mihi,

Venus

 

 

Venus Sood

Administration Coordinator

Nelson City Council | Te Kaunihera o Whakatū
P 03 546 0404

021 154 3084

[2]nelson.govt.nz

 

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Good morning Aaron

Please find below the responses to each of your questions. Please contact me if you need anything clarified.

I agree with the conclusion in the Wellington City Council report you refer to below that:

" 41. The new healthy homes standards reflect a significant push by central government on improving the quality of rental properties. While the final date for compliance is not until 1 July 2024, all new tenancies must comply from 1 July 2021. Tenancy Services’
Compliance and Investigations team has clear responsibility for the enforcement of these standards and taking action against landlords who persistently fail to comply with requirements. MBIE is leading on information campaigns to inform landlords and property management companies of the new requirements.
42. Officers are of the view that the Building Act’s Dangerous and Insanitary Building provisions should be utilised for exceptional circumstances, mainly triggered by a specific event, where health is endangered and which are reliant on timely responses by Council and property owners."

The enforcement tools under the Public Health Act available for Council are cumbersome compared to the provisions under the Building Act.

You have the right to seek an investigation and review by the Ombudsman of this response. Information about how to make a complaint is available at www.ombudsman.parliament.nz or Freephone 0800 802 602.

Kind regards

Mandy Bishop
Manager Consents and Compliance
Kaiwhakahaere tautukunga i nga whakaaetanga

Nelson City Council | Te Kaunihera o Whakatū
P 03 545 8740
nelson.govt.nz

-----Original Message-----
From: Aaron Packard [mailto:[FOI #13771 email]]
Sent: Saturday, 12 September 2020 5:25 p.m.
To: Council Enquiries (Enquiry) <[email address]>
Subject: Official Information request - How is the Council using its rights under the Public Health Act to inspect rental housing properties?

Dear Nelson 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?

Our records show our Environmental Officers have responded to complaints relating to unsafe or insanitary homes seven times. We have also responded to three complaints for motels or backpackers and one complaint for a hostel.

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?

Council uses the Building Act to issue notices to fix. Before that action is needed an Environmental Health Officer meets with the tenant and landlord at the property to look at the concerns together and a timeframe is agreed for remedial action. Council then re-inspects after this timeframe.

3. How do you identify which rental housing properties to inspect under the Public Health Act?

Inspections are complaint or request based and a decision is made whether the issue is best addressed by Tenancy Services, Council's Building team or the Environmental Health team depending on the circumstances.

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 alleging a home is unsafe or unsanitary provide the details to our Customer Services team who set up a service request for Environmental Health officers to investigate.

5. What information is available on your website or in your publications on rental housing inspections provided by the Council?

No information apart from services provided under the Building Act and Council's Dangerous, Affected and Insanitary Buildings Policy. In this Policy Council Building Officers will consult with an Environmental Health Officer, Medical Officer of Health or a Health Protection Officer as appropriate.

6. What is your process for engaging with the Tenancy Tribunal to provide reports on the rental housing inspections you conduct?

Generally reports are requested by the tenant and Council provides information to them that may be used in a Tenancy Tribunal.

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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