Speech: Flavell - Residential Tenancies Amendment
te-pati-maori
Wed May 27 2009 12:00:00 GMT+1200 (New Zealand Standard Time)
Speech: Flavell - Residential Tenancies Amendment
Wednesday, 27 May 2009, 4:40 pm
Press Release: The Maori Party
Residential Tenancies Amendment Bill
Tuesday 26 May 2009; 9.40pm
Te Ururoa Flavell, MP for Waiariki
_TE URUROA FLAVELL (Māori Party—Waiariki)245FLAVELL, TE URUROA21:30:24TE URUROA FLAVELL (Māori Party—Waiariki):
Tēnā koe, Mr Deputy Speaker. Kia ora tātou e te Whare, e hoa mā, i tēnei pō.
The housing market has traditionally been one of the key markers of well-being within society. Some reports indicate that *citizens advice bureaux deal with about 60 tenancy-related inquiries a day, the bulk of those being about tenancy agreements, disputes, and bonds.
For Māori, the rights and responsibilities of tenants and landlords is a particularly relevant area for review, in the context of declining rates of *homeownership. Using 2006 census data, it can be seen that only 6.7 percent of the number of those who own or partly own their homes are Māori—some 29 percent of the total Māori population.
This is a dramatic drop from the data of 2001, where the homeownership rate for Māori was 48.1 percent. The Māori Party is therefore particularly concerned to look out for the life situations for some 67 percent of Māori who rent their homes.
This bill is set up to care for both sides of the tenancy relationship, as other speakers have talked about—encouraging stable tenancies in decent homes while also enabling landlords to better manage them. The introduction of the Residential Tenancy Act, about 23 years ago now, provided the entry point for tightening up the rights and responsibilities of tenants and landlords. But there were some notable and glaring omissions, particularly in the situation of those living in boarding houses, who continued to move regularly with little protection in place.
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During the process of researching this legislation, I came across a number of the horror stories. There was the case of a landlord who insisted that one of his boarders, a female migrant, should share a room with a new male boarder. She refused, moving out immediately but without her bond, because the landlord stipulated that he needed 2 weeks’ notice. And there was the case of the boarder who was informed that the boarding house he lived in was being sold. His landlord wanted him to sign an agreement to stay there for a fixed period, and to direct his sickness benefit into the landlord’s bank account.
On the other hand, there are the cases of tenants causing all sorts of havoc to properties, such as a case in Dargaville a couple of years ago, when a tenant accidentally burnt a house to the ground while attempting to manufacture P.
We in the Māori Party will support any moves to review tenancy laws and to seek to ensure that an appropriate balance between tenants’ and landlords’ rights and obligations is provided for in law.
We are pleased to be extending the protection of the existing Act to boarding houses. Boarding house tenants and general residential tenants are not vastly different, yet it would appear that for far too long boarding house tenancies have been afforded fewer rights than general residential tenancies.
We know that many boarding houses are often poorly funded and resourced, with very little private space and usually shared kitchens and bathrooms for tenants, or boarding houses may be run down and unsafe, with little security. Our young people are often particularly vulnerable in such settings.
The protections are quite specific, and include health and safety standards, security, house rules, access to advice, information and disputes resolution services, and the requirement that minimum rights and obligations are clear, adequate, and readily enforceable. This is a very positive step, long called for by housing advocates.
The **Coalition to End Homelessness has recommended that there is a need to improve the standard of boarding houses in New Zealand, a standard that is generally very poor. Any useful definition of homelessness must include those people moving from one form of insecure accommodation to another, and those living in inadequate boarding houses, as well as those living on the streets.
So we are pleased that an initiative has been established to provide some support to our more vulnerable. The bill will enable a staged implementation, to allow time for the education of boarding house landlords regarding the new provisions, which we think is good.
The Housing New Zealand Corporation is also planning to meet with community organisations, and with tenants, to advise them of the changes. Both decisions suggest that the Minister is committed to giving the affected communities time to consider the implications of this bill.
The bill also introduces provisions to better protect tertiary student tenants in student accommodation. The bill proposes that tertiary education providers will be required to have agreements with accommodation providers that include disputes resolution processes. Accommodation providers must also have appropriate house rules in place, and ensure that student tenants have access to them. In our approaches to the New Zealand University Students Association and Te Mana Ākonga, the National Māori student body, we were told that there have been too many incidents where private accommodation providers for tertiary students have not treated their tenants fairly, and have offered accommodation with low service provision, poor quality, and inadequate safety and security.
This bill, therefore, provides a better level of protection for tertiary students staying in student accommodation provided by private providers. The bill also sets in motion some changes that we consider are about making the legislation work better. It introduces clearer processes for terminating and reviewing tenancies, it will encourage landlords and tenants to comply with their obligations, it seeks to improve the enforceability of *Tenancy Tribunal orders, and it will supposedly provide for the majority of tenancy disputes to be resolved quickly, fairly, and cost-effectively. But this is where we have one of our major issues with the bill.
In the Government’s response to the report of the Commerce Committee on the inquiry into housing affordability in New Zealand, there was a commitment that the Government would work to ensure that New Zealanders were able to access affordable rental housing. So we asked where affordability fitted when the threshold rose. The bill introduces a new threshold of $6,000 for the automatic right to have legal representation at the Tenancy Tribunal. We believe that this is a very high threshold. For many of the constituencies I have to deal with, $500 would be large enough. So we think that that is worth some consideration.
TE URUROA FLAVELL245 Although we understand that tenants and landlords can apply for this right if the situation is complex, or if there is a disparity of inexperience and resources between the parties, the onus is always on the individual having the required level of knowledge and confidence to put forward their case. For us the key question is how the Residential Tenancies Amendment Bill will improve the fairness and quality of residential tenancies. I have to say in closing that we will support this bill at its first reading, because we believe a number of positive provisions are introduced to enforce the rights and obligations faced by tenants and landlords in tenancies. We will be listening keenly at the select committee stage to see whether these provisions are sufficient to make the change we need to achieve affordable rental accommodation that balances the rights of tenants and landlords. Kia ora tātou.
ENDS
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