24 November 2023
Media: Local Democracy Reporter
Topic: Dangerous building notice issued to Spa Lodge
Enquiry
I understand Spa Lodge was issued a dangerous building notice and wanted to ask a couple questions please.
Also sending to the mayor for response to the below too (highlighted questions)
I'd also like to put in a small explainer about what such a notice is - can it please be advised what it is, how they are issued, why and when issued, consequences of the notice issued and why the council has the power to do so.
When was the lodge issued a notice?
Why? (Context of why issued - was it from an routine inspection, part of a wider look at accomodation etc)
What prompted it?
Are there any other
What are the effects of a notice? (Immediate, longer-term?)
What do the building owners need to do?
What is the current use of the building and what is it allowed to be used for and why? (Long term tenancies, holiday-makers, emergency or transitional housing etc)
How many such notices have been issued this year?
How does this relate to the Rotorua Housing Accord? To the loafers lodge fire earlier this year?
What is the importance of issuing notices?
Response
From Rotorua Mayor, Tania Tapsell –
“The health and safety of people must always come first.
“Tenancies funded by government agencies in unsuitable, and at times unsafe, buildings should never have been allowed to happen. We are doing our best to fix this situation and are using the limited tools available to council to do so.
“We know fire safety is a huge risk when people are living in environments that are not fit-for-purpose. I have already advocated strongly for tighter controls around where people receiving government accommodation subsidies are staying.
“We’ve achieved a reduction of emergency housing motels by almost 60% in the past year through the Rotorua Housing Accord. Council will remain focused on addressing tenancies being set up in places that are not suitable or safe.
“I extend my thanks to all agencies who have stepped up to quickly address this issue and ensure people living at Spa Lodge have a better, safer place to go.”
From Group Manager Community and District Development, Jean-Paul Gaston:
Re explainer about dangerous building notices:
Here is a link to the information you require to draft up a response to your first request. https://www.legislation.govt.nz/act/public/2004/0072/latest/DLM306896.html and https://www.building.govt.nz/assets/Uploads/building-officials/guides/dang-insan-guidance.pdf
When was the lodge issued a notice?
Rotorua Lakes Council has a regulatory role to ensure buildings are compliant with consents and relevant legislation to ensure they are safe and fit-for-purpose. A FENZ assessment found this is not the case with Spa Lodge and council has taken immediate action to reduce the risk to people staying here as quickly as possible.
On November 6, a member of the public contacted Rotorua Lakes Council about the sanitary conditions of Spa Lodge. Council contacted the operator to inform them of the complaint and Council staff were invited by the operator to inspect the premises on November 16.
During the inspection staff had concerns for the occupants’ safety, given that the exit doors were being dead-bolted at night, locking occupants inside the building. Consequently, a Dangerous Building Notice was issued that day and the operator was given time to rectify the situation.
As a result of the inspection Council requested advice from Fire and Emergency New Zealand (FENZ). While waiting on the report, Rotorua Fire Service were called to Spa Lodge for a fire in the early hours of November 20.
The Fire Service alerted Council later that day and provided further advice due to the new development.
Council received the FENZ report on November 22, and due to the report, a second Dangerous Building Notice was issued by Council to the operator of Spa Lodge that same day (under Section 121 of the Building Act) to remove the occupants for their own safety.
The owner, MSD and Te Pokapū housing hub assisted with finding alternative accommodation for those who were residing at the lodge (20 occupants).
Re are there any others:
Not that the Council is aware of.
What are the effects of a notice?
No occupancy until the buildings fire safety features provide a safe environment.
What do the building owners need to do?
Council is facilitating a meeting with the operator and all other relevant agencies to discuss requirements. What is required will be dependent on what type of operation it is in future.
Since the notice was issued the owner has been cooperative and is working with Council to rectify the issues raised.
What is the current use of the building and what is it allowed to be used for and why?
Spa Lodge was built in 1955 and was historically used for tourism accommodation. Currently Spa Lodge was being used for non-tourism accommodation that allowed long-term guest. Spa Lodge was not an Emergency Housing provider.
How many such notices have been issued this year?
Only the two issued to Spa Lodge.
How does it relate to the Rotorua Housing Accord? To the Loafers Lodge fire earlier this year?
The Rotorua Housing Accord has focused on the care, wellbeing and management of people in emergency housing and council is working to ensure that tenancies being set up in backpackers and hostels are also addressed through the Accord.
