HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

KOMITI ITI WHAKAWĀ 
dangerous, affected and insanitary buildings hearing Subcommittee

 

2 November 2021

 

 

 

Order Paper for the hearing to be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,

on:

 

 

Tuesday 9 November 2021 commencing at 9.00am


This meeting will be held under Alert Level 2

 

The purpose of the hearing is to consider the proposed Dangerous, Affected and Insanitary Buildings Policy 2021

 

 

Membership

 

Cr S Edwards (Chair)

 

Cr B Dyer

Cr A Mitchell

Deputy Mayor T Lewis (alternate)

 

 

 

 

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 


HuttCity_TeAwaKairangi_SCREEN_MEDRES

 

 

KOMITI ITI WHAKAWĀ | dangerous, affected and insanitary buildngs HEARING Subcommittee

 

Hearing to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Tuesday 9 November 2021 commencing at 9.00am.

 

 

ORDER PAPER

 

 

 

1.       APOLOGIES

2.       CONFLICT OF INTEREST DECLARATIONS           

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3.       RECOMMENDATION TO THE KOMITI RATONGA RANGATŌPŪ ME TE RAUTAKI | POLICY, FINANCE AND STRATEGY COMMITTEE – 2 DECEMBER 2021

          Dangerous, Affected and Insanitary Buildings Policy 2021 (21/1831)

Report No. HSC2021/5/266 by the Head of Strategy and Planning                       3

 

 

 

 

 

 

 

Judy Randall

Democracy Advisor

 

 

 

 

 


                                                                                       0                                                 09 November 2021

 

 KOMITI ITI WHAKAWĀ | dangerous, affected and insanitary buildngs HEARING Subcommittee

 

02 November 2021

 

 

 

File: (21/1831)

 

 

 

 

Report no: HSC2021/5/266

 

Dangerous, Affected and Insanitary Buildings Policy 2021

 

Purpose of Report

1.    To report the consultation results on the Dangerous, Affected and Insanitary Buildings Policy to the Hearing Subcommittee.

Recommendations

That the Subcommittee:

(1)     notes the Statement of Proposal attached as Appendix 1 to the report;

 

(2)     considers the submission received on the proposed Dangerous, Affected and Insanitary Building Policy, attached as Appendix 2 to the report; and

 

(3)     recommends that the Policy Finance and Strategy Committee recommends Council adopts the proposed Dangerous, Affected and Insanitary Building Policy 2021, attached as Appendix 3 to the report, without any changes.

 

For the reasons that the Building Act 2004 requires Council to have a policy on dangerous, affected, and insanitary buildings and to review that policy every five years. Council’s current policy was agreed in December 2016 and has recently been reviewed.

 

Background

2.    The Building Act 2004 (the Act) requires Territorial Authorities (TA) to ensure that dangerous or insanitary buildings are managed in an effective and timely manner to remove the danger and address the issues and building condition.

 

3.    Section 131 of the Act requires TAs to adopt a policy on dangerous and insanitary buildings. Under section 131 (2) of the Act this policy must include:

 

a.       the approach that the TA will take in performing its functions under part 2 of the Act;

b.       the TA’s priorities in performing those functions; and

c.       how the policy will apply to heritage buildings.

 

4.    Section 132 (4) of the Act requires TAs to review the policy every five years. Council’s current policy was adopted in December 2016 and therefore a new policy is required by December 2021.

Discussion

5.    Action is only taken infrequently under the policy, with approximately seven notices issued in relation to buildings considered dangerous or insanitary since the current policy was agreed in December 2016. It is however an important instrument for Council in ensuring the safety of people in the city.

 

6.    The review included research into the policies of other councils and legislative guidance. Council’s Regulatory Services team provided advice and input into the issues and policy. The review and outline of the proposed policy was discussed with mana whenua partners at the hui in August to ensure their comments, if any, were included.

 

7.    As part of the review, Emergency New Zealand (FENZ) and Heritage New Zealand Pouhere Taonga (HNZPT) were contacted for their initial comments on the proposed policy.

 

8.    FENZ did not recommend any changes to the proposed policy. However, they did request a clearer communication channel with Council in relation to reporting dangerous buildings and receiving updates about actions taken. HNZPT recommended a specific change to section 5 of the policy which deals with heritage buildings, to reflect that Council should consult with HNZPT on buildings included in the heritage schedule of the District Plan, as well as those identified in the New Zealand Heritage List/Rārangi Kōrero.

 

9.    The Building Act 2004 requires that, if a building is listed under the HNZPT Act 2014, Council sends a copy of any notice issued under s124 of the Act to HNZPT. The change recommended by HNZPT was made to the proposed policy before it went out for consultation.

Submission

10.  One submission was received.  The submitter is of the view that more detail is required relating to Council’s response to insanitary buildings, particularly insanitary heritage buildings. The submitter suggested that Council should either add a separate section on how Council will respond to insanitary buildings or replace all references to ‘dangerous buildings’ in the policy with ‘dangerous or insanitary buildings.’

 

11.  The submitter is concerned that the section on heritage buildings only anticipates responding to dangerous buildings and not also insanitary heritage buildings. Their view is that the policy should contain provisions for preventing the use of or entry to dangerous and/or insanitary buildings that are not ‘immediately dangerous’ because the definition of ‘immediately dangerous’ is not strong enough. The current definition would exclude insanitary conditions known to lead to immediate and long-term harm - from students at a school filled with black mould to retirement villages with non-functional sewage or renters in a home with extant asbestos issues.

 

12.  The submitter supported Council adopting a proactive approach, particularly to commercially tenanted business and residential building to ensure professional landlords are not renting or leasing dangerous or insanitary buildings - particularly to vulnerable tenants. They further suggested that there should also be a link to section 36 of the Health and Safety at Work Act 2015.

 

13.  Building officers were asked for feedback and advised that Council cannot legally do what is suggested. Proactively managing this issue as a Health and Safety in the workplace issue is beyond Council’s legal mandate except for its own buildings.  The Building team is not resourced to take a proactive approach to inspecting buildings to ensure professional landlords are not renting or leasing dangerous or insanitary buildings nor does it have the legal mandate to do so. 

Climate Change Impact and Considerations

14.  There are no climate change impacts and considerations in relation to the matters addressed in this report as the matters are mostly administrative.

Consultation

15.  Council is required to consult on the proposed policy using the process under section 83 of the Local Government Act 2002.

Legal Considerations

16.  DLA Piper provided legal advice on the policy. Their recommendations were incorporated in the proposed policy for consultation.

Financial Considerations

17.  There are no financial considerations.

Appendices

No.

Title

Page

1

Statement of Proposal

7

2

Feedback and Comments - Dangerous, Affected and Insanitary Buildings Policy

8

3

Dangerous Affected and Insanitary Buildings Policy

10

 

 

 

 

 

Author: Wendy Moore

Head of Strategy and Planning

 

 

 

Reviewed By: Derek Kerite

Head of Regulatory Services

 

 

 

Approved By: Matt Boggs

Director, Strategy and Engagement

 


Attachment 1

Statement of Proposal

 


Attachment 2

Feedback and Comments - Dangerous, Affected and Insanitary Buildings Policy

 


 


Attachment 3

Dangerous Affected and Insanitary Buildings Policy