Housing Improvement Regulations 1947

Part 2 Prevention of overcrowding in houses

19  

(1)

A house shall be deemed for the purposes of this Part to be overcrowded if the house is so occupied that there are 2 or more dwelling units in the house and any dwelling unit fails to comply with the standards of fitness prescribed by Part 1 in respect of houses in the same manner as it would be required to do if it were a separate house:

provided that with the approval of the local authority given by resolution passed within the preceding 12 months it shall not be necessary for each dwelling unit to have a separate bathroom and water closet or other form of privy if there is provided in the house for the use of the persons in the dwelling units not less than 1 bathroom and 1 water closet or other form of privy for each 7 persons, or part thereof, and if, where there is more than 1 bathroom and water closet or other form of privy, each bathroom and water closet or other form of privy is set apart for the use either of persons of 1 sex or of members of 1 family:

provided also that it shall not be necessary for each dwelling unit which is being used to accommodate not more than 2 persons to have a separate kitchen if there is in the house an approved kitchen adequately equipped with all necessary fittings and accessories.

(2)

A house shall be deemed for the purposes of this Part to be overcrowded if it is used as a boarding house or lodging house and there is not—

(a)

adequate living room and dining-room accommodation in addition to the kitchen; or

(b)

1 bathroom and 1 lavatory basin available for use by each 10 persons, or part thereof, and the appropriate number of water closets or approved privies of some other form calculated in accordance with Schedule 1:

provided that any lavatory basin installed in a bathroom or in a compartment with a water closet or other form of privy and any water closet or other form of privy installed in a bathroom shall not be counted.

(3)

Notwithstanding anything contained in paragraph (b) of subclause (2), in calculating the number of persons for whom provision is to be made under that paragraph no account shall be taken of persons for whose exclusive use adequate provision of such sanitary appliances as aforesaid is made.

(4)

A house shall be deemed for the purposes of this Part to be overcrowded—

(a)

if the number of persons who sleep therein or in any dwelling unit therein is such that any 2 of those persons, being persons 10 years old or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same bedroom; or

(b)

if the number of persons who sleep in any bedroom therein of an area specified in the first column of Schedule 2 exceeds the number calculated in accordance with the second column of that schedule in relation to that area.

(4A)

Notwithstanding subclause (4)(b), no short stay hostel shall for the purposes of this Part be deemed to be overcrowded by reason only of the fact that the number of persons who sleep in any bedroom therein of an area specified in the first column of Schedule 2 exceeds the number calculated in accordance with the second such column in relation to that area if—

(a)

the short stay hotel is constructed in accordance with the standards prescribed by the local authority in whose district it is situated or in accordance with New Zealand Standard 1900 and Model General By-law, Licensing and Control of Apartment Buildings and Boardinghouses, New Zealand Standard 9201, chapter 3; and

(b)

the bedroom is fitted with windows of such type, construction, and location, and fixed open to such an extent, as may be required by the said local authority; and

(c)

the bedroom has either 2 external walls or 1 external wall and a permanently open vent in the roof; and

(d)

the area of the bedroom is such that there is at least 3.5 m2 for each person who sleeps in it.

(5)

In determining for the purposes of the last preceding subclause the area of any bedroom, no regard shall be had to any portion of the bedroom the height of which from finished floor to finished ceiling is less than 1.5 m. In determining for the purposes of the last preceding subclause the number of persons sleeping in a bedroom, no account shall be taken of a child under 1 year old, and a child who has attained 1 year and is under 10 years old shall be reckoned as one-half of a unit.

(6)

A house shall be deemed for the purposes of this Part to be overcrowded if the number of persons who sleep in any room therein exceeds such number as may be permitted under the bylaws of the local authority for the district in which the house is situated.

Regulation 19(4A): inserted, on 29 August 1975, by regulation 2(3) of the Housing Improvement Regulations 1947, Amendment No 3 (SR 1975/218).

Regulation 19(5): amended, on 24 April 1975, by regulation 2(h) of the Housing Improvement Regulations 1947, Amendment No 2 (SR 1975/83).