MBIE Taking Hardline Approach Towards Tenancy Compliance

” We Are Coming From You…..”

For the second time in recent months Ministry of Business Innovation and Employment have launched an investigation into a fire in a residential premise.

The report states that there were no working smoke alarms in the premise.(1)

Add to this the recent WorkSafe NZ review (9) undertaken regarding jurisdiction for prosecutions. This should be further evidence of the need for Landlords and Rental Property Managers to ensure they meet all enactments related to legislation they are bound to through the Health and Safety at Work Act 2015(11) (12) and Residential Tenancies Act 1986/2016.

In this latest case a person was injured.

Did the Landlord (or a Rental Property Manger) notify Worksafe of this “notifiable injury”? (2)
Both entities are PCBU’s(10) and needed to ensure the structure; in this case a residential premise was fit for purpose and had appropriate management plans and processes to manage risk (Smoke alarms) (3) (8).

The RTA has a requirement that working smoke alarms are fitted for safety reasons. A failure to ensure the safety of workers or the public that is part of your business, means you are breaching the laws provided in both the HSWA 2015 and the Residential Tenancy Act 1986/2016(13).

Attached is a small selection of reports that should signal any Landlord/PCBU to assess their lawfulness with the knowledge that you cannot contact or transfer your responsibility (4) (5) (6) (13) (14)!

Author: Graham Roper

References

(1) https://www.odt.co.nz/news/dunedin/another-dunedin-fire-probe

RTA 86/16: 25 Section 78 amended.
HSWA 2015 –

  • (2) Part 2: 23
  • (3) Part 2: 35 – 38
  • (4) Part 2: 31
  • (10) Part 1: 17 (a)
  • (12)Part 1: 20 (1a)
  • (13) Part 2: 30 (1-2)
  • (14) Part 2: 33

(5) www.stuff.co.nz/business/property/105998179/we-are-coming-for-you-property-managers-liablefor-shoddy-rentals-mbie-says

(6) accentuatepr.co.nz/warning%20all%20landlords%20-%20compliance%20non-negotiable

(7) www.radionz.co.nz/news/national/367875/whanganui-slum-landlord-under-investigation

(8) https://tmmonline.nz/article/976513555/don-t-neglect-tenant-safety

(9) https://www.odt.co.nz/regions/queenstown/worksafe-denies-tourists-death-prompted-review

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