Our Reference: 201006133158
6 October 2020
Aaron Packard
Renters United
E-mail: [FYI request #13782 email]
Dear Aaron
I refer to your request of 13 September 2020 for official information on how the Council is using
its rights under the Public Health Act, 1956 to inspect rental housing properties. We can advise
as follows:
Question 1a:
In the past five years, how many times has the Council used their rights under
the Public Health Act to inspect rental housing properties?
Response:
None. Most issues seem to be civil matters between tenants and landlords
(property owners). The Central Government provides services via the
Tenancy Tribunal and Services to assist with disputes between tenants and
landlords. The Tribunal will hear both sides of the argument and can issue a
legally binding order. More information is available on their website at
www.tenancy.govt.nz.
Also, the Residential Tenancies Act 1986 (Healthy Homes Standards)
Regulations 2019 outlines rights of tenants and landlords. The landlord is
responsible for ensuring compliance with the healthy homes standard and
related legislation.
Question 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?
Response:
None.
Question 3:
How do you identify which rental housing properties to inspect under the Public
Health Act?
Response:
The Council does not actively earmark rental housing for inspection, as it does
not have the resources to do this.
Question 4:
What is the process for tenants to request the Council to inspect their rental
housing property under the Public Health Act, and provide a written report on
its condition?
Response:
The Council currently does not have a process in place for the inspection of
rental housing or to provide written reports. However, the Council will respond
to complaints received from the public through its’ Service Request System. If
deemed necessary, the complaints will be investigated by either the Council’s
Building or Environmental Services Units.
The Council will fully investigate only if the complaint is considered to be
potentially dangerous or insanitary under section 124 of the Building Act 2005.
However, the Council’s Environmental Health Officers respond to complaints
under section 29 of the Health Act 1956 as part of their daily business.
Question 5:
What information is available on your website or in your publications on rental
housing inspections provided by the Council?
Response:
None, as the Council does not actively conduct rental housing inspections.
Question 6:
What is your process for engaging with the Tenancy Tribunal to provide reports
on the rental housing inspections you conduct?
Response:
The Council does not provide reports to the Tenancy Tribunal, as reports are
normally submitted by the tenants or landlords in response to a complaint and
investigation.
I trust this answers your current query.
Yours sincerely,
Sarah Nichols
Governance Manager
201006133158
2
Waimakariri District Council