Auckland Council has issued Dangerous and Insanitary Building Notices to six Auckland addresses today, following repeat inspections of properties visited by the council alongside Tenancy Services (MBIE) and Fire and Emergency New Zealand at the end of August.
All six addresses were referred by Immigration NZ in relation to an investigation into the exploitation of migrant workers brought to New Zealand under the Accredited Employer Work Visa scheme.
The council’s role in these inspections, which were carried out as part of its Proactive Boarding House Inspection Programme, was to look for breaches of the Building Act and Resource Management Act.
General Manager of Licensing & Regulatory Compliance James Hassall said initial inspections carried out on 25 and 28 August found an estimated 146 migrant workers living between the six properties, with one three-bedroom property housing 37 people under one roof.
“At each property we saw numerous issues stemming from overcrowding, including fire safety hazards, significant mould issues, blocked fire exits and ventilation problems. By law, we needed to issue these notices to ensure the safety of the occupants.”
A building is considered dangerous and insanitary when it meets the definition outlined in Sections 121 and 123 of the Building Act. A dangerous building is one that, in the ordinary course of events or in the event of a fire, is likely to cause injury or death to people in it. An insanitary building is one that is offensive or likely to be injurious to health.
“The issues we found were generally not with the buildings themselves but resulted from the number of occupants. The notices we’ve issued require the buildings to be reverted to single-use dwellings, meaning most occupants will need to leave the buildings so that they are no longer overcrowded,” says Mr Hassall.
Since the initial inspections, Auckland Council has been collaborating closely with MBIE who have been leading a cross-government team to look at options for welfare support and suitable temporary accommodation for the workers.
MBIE has today confirmed a support package to meet immediate welfare needs. Details can be found on the Immigration New Zealand website.
“An operation like this is always a balancing act. While we want people out of these houses as quickly as possible to prevent anyone from being harmed, we don’t want a situation where anyone is forced out with nowhere to go,” says Mr Hassall.
“We are grateful to the many government and community organisations who have been involved in this operation and are working hard to ensure the best possible outcome for the occupants.”
Additional FAQs
What do the property owners need to do to comply with these notices?
The notices state that the buildings must be reverted to their original approved use as single-use dwellings. This will mean most occupants will need to vacate the properties.
When will residents need to vacate?
During the inspections we advised the occupants that central government agencies are working to provide alternative accommodation and they should wait to move until that has been finalised. This is expected to be within the next week.
Can the council force the occupants to leave the buildings?
Once a Dangerous and Insanitary Building Notice is issued it is up to the property owner to comply with the notice. Auckland Council cannot force occupants to leave, but they can take enforcement action against the property owner if the notices are not complied with.
Where are the six properties located?
The six properties are in Manurewa, Glen Eden, Blockhouse Bay, Lynfield and there are two in Papakura.
Has Auckland Council ever conducted an operation like this before?
The council has never issued this many Dangerous and Insanitary Building Notices at one time. However, overcrowded accommodation housing migrant workers is something we see as part of our Proactive Boarding House Inspections, which we have been conducting together with MBIE – Tenancy Services and Fire and Emergency New Zealand since 2015.
We have taken enforcement action against companies using their properties in this way in the past. For example, in 2021 we successfully prosecuted the owners of a warehouse in Manurewa which was used to house 42 tenants, predominantly migrant Filipino workers.
Will council prosecute the property owners?
Our investigation into the property owners is ongoing and we cannot say yet what action we will take. However, we are considering all enforcement options available.