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________________________________________ From: Aaron Packard
<[FOI #13808 email]> Sent: Tuesday, September
15, 2020 5:39:56 AM To: Customer Services Subject: Official Information
request - How is the Council using its rights under the Public Health Act
to inspect rental housing properties? Dear Central Otago 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Regulations 1947, originally made under the Housing Improvement Act 1945,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) . **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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Dear Aaron

 

I am writing to acknowledge receipt of your LGOIMA request dated 15
September 2020, Inspection of Rental Housing Properties.

 

Your request was received on 15 September 2020. We will endeavour to
respond no later than 20 working days from the date your request was
received. 

 

If we are unable to respond to your request within 20 working days, we
will notify you of an extension of that timeframe. 

 

If a charge is considered necessary, we will also notify you within the
timeframe.

Please refer to our website for further information on [1]Official
Information and [2]How much will it cost?

 

Your request is being processed by the Information Management team. If you
have any queries, please feel free to contact me directly.

Kind Regards,

 

LAURA McLellan p +64 3 262 8524 FOLLOW US ON
DIGITISATION f
ASSISTANT e [3][email address]
1 Dunorling Street w [4]www.codc.govt.nz
PO Box 122,
Alexandra 9340
New Zealand

 

 

References

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2. http://www.codc.govt.nz/your-council/off...
3. Click to send email to Laura Sutherland
mailto:[email address]
4. http://www.codc.govt.nz/

Dear Aaron,

 

Please find attached the response to your LGOIMA request, Inspection of
Rental Housing Properties.

 

 

 

Kind Regards,

 

LAURA SUTHERLAND p +64 3 262 8524 FOLLOW US ON
DIGITISATION f
ASSISTANT e [1][email address]
1 Dunorling Street w [2]www.codc.govt.nz
PO Box 122,
Alexandra 9340
New Zealand

 

 

References

Visible links
1. Click to send email to Laura Sutherland
mailto:[email address]
2. http://www.codc.govt.nz/