Healthy Homes Guarantee Bill (No 2)

  • enacted
6 New section 132A and cross-heading inserted Section 138B replaced (Regulations in respect of insulation)

After Replace section 132, insert: 138B with:

Ensuring Healthy Homes

132A Function of Ensuring Healthy Homes

The department has the function of preparing and publishing minimum standards of heating and insulation for residential premises, in accordance with the following:

(a)

the standards must describe what constitutes adequate

(i)

methods of heating; and

(ii)

methods of insulation; and

(iii)

indoor temperatures; and

(iv)

ventilation; and

(v)

draught stopping; and

(vi)

drainage; and

(b)

the standards must describe what constitutes acceptable methods of measuring the adequacy of the matters referred to in paragraph (a); and

(c)

the standards must specify the conditions under which a property may be exempted if it is not possible to modify it to meet the requirements; and

(d)

the standards must be published on the department’s website as soon as is practicable and no later than 6 months after the commencement of this section.

138B Healthy homes standards

(1)

The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards) with which landlords must comply for the purposes of section 45(1)(bb) or 66I(1)(bb).

(2)

The healthy homes standards may include any of the following:

(a)

standards about the indoor temperatures that must be capable of being achieved in the premises:

(b)

standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)(i) to (vii):

(c)

standards imposing requirements in relation to any of the following:

(i)

heating:

(ii)

insulation:

(iii)

ventilation:

(iv)

moisture ingress:

(v)

draught stopping:

(vi)

drainage:

(vii)

any material or other thing relating to a thing referred to in subparagraphs (i) to (vi).

(3)

The requirements that may be imposed by standards under subsection (2)(c) include the following (for example):

(a)

requirements that things be installed or provided at the premises:

(b)

requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:

(c)

requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.

(4)

Regulations under subsection (1) may

(a)

specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):

(b)

include exceptions to standards.

(5)

The Governor-General may, by Order in Council, make regulations

(a)

prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)(b) or (1CB)(b):

(b)

prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)(ca) (which may include records or other documents relating to work or other things done before the commencement of the tenancy).

(6)

Regulations under this section may

(a)

make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:

(b)

make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.

(7)

In this section, premises, in relation to a tenancy that is not a boarding house tenancy, includes facilities.

138C Powers to make regulations under sections 138A and 138B not limited by other enactments

To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A or 138B.