Photo: Google Maps / Supplied
A council has won its case to take steps to make motels used for emergency housing safer from fire and other threats.
Rotorua Lakes Council said a new ruling gave it "confidence" it was on solid ground, and it would be going around all emergency housing motels to see if upgrades were needed.
Until now, when motels have been used for emergency housing it has not triggered any 'change of use' that could require safety upgrades.
The council wanted that to change, afraid someone would die in a motel fire. "We're incredibly lucky there hasn't been any loss of lives," councillors were told late last year.
A new ruling from the Ministry of Business, Innovation and Employment said the council was right to issue a 'notice to fix' to a Fenton Street motel last year where the 20 occupants had stayed for at least 6 months and sometimes longer.
Councillor Rawiri Waru called it a "significant" win for public safety.
"We put the safety of our people here in Rotorua first, and it was clear, and the decision was made, and it's come our way, so we're rapt," Waru said.
The Ministry of Social Development said the ruling only applied to the motel named in the case, the Ashleigh Court.
Ashleigh Court, Rotorua. Photo: Google Maps / Supplied
The district council said it would start with the Ashleigh Court - but not stop there.
It "gives us confidence to reach out to all motels and begin a process to confirm whether they have had a change of use", deputy chief executive of development Jean-Paul Gaston said.
It would take time. Moteliers would have to get assessments done, and there were limited qualified people to do that work, he said.
"This process is detailed in the Building Act and will require assessments and evaluations and may require upgrades that are reasonably practicable."
Some motels have had substandard fire and other safety systems.
At the same time, the system of emergency housing safety checks by FENZ has not operated properly for months in the Bay of Plenty.
Late last year, the councillors heard from a top council manager that it was "critically important" to get the MBIE determination because there had already been about seven or eight fires in emergency housing.
Waru said yesterday: "I don't think any other council or organisation has hit that mark, so we're quite proud of that."
He expected councilllors who are meeting later today would get a briefing on the ruling's implications.
A motel has to register with WINZ to be able to take an emergency housing grant, but there is no contract between the government and most motels, and no standards can be imposed other than what already applies.
The government six months ago agreed to look at setting standards but has not done so yet.
A trial to raise standards has been run at 13 motels in Rotorua, newly contracted by the Ministry of Housing and Development (HUD).
But a new LGOIMA document from Lakes Council shows of those 13, despite them being approved by HUD, eight motels had the lowest level of fire alarm, and one had nothing at all.
The type of alarm in the eight was of a type outside the room, that had to be manually activated, then rang on its own without activating other systems.
"These systems if located with a larger complex may not wake all occupants," a council note on the document said.
Two other motels had a second-level type alarm - still manually activated - and only two of the 13 had a proper automatic smoke alarm system.
Most at least had masonry block walls, that should last three hours before burning through, but three motels with poor alarms had timber-framed walls with a fire resistance rating of as low as 30 minutes.
"As these motels will be undergoing a change of use, a minimum of domestic smoke detectors will need to be installed into each unit (except for where the type 4 fire alarm has been installed)," the LGOIMA document said.
The Ministry of Housing (HUD) said it did not have a contract with the Ashleigh Court and understood it was no longer used for emergency housing.
"HUD and MSD are reviewing the determination to consider its implications," it said.
As for the 13 motels in Rotorua HUD does have contracts with, it said it had checked that sealed smoke alarms were installed at all of them and monitored this on regular visits.
The ministry visited Ann's Volcanic Motel on 20 June and confirmed that domestic smoke detectors were installed in the units entered, general manager of partnerships and performance, William Barris, said in a statement.
"We are conscious that fire safety is an important aspect of our responsibility.
"There are no fire safety minimum standards specific to 'emergency housing'. [The motels] must comply with current fire safety regulations but there is no mandatory requirement to use a particular fire safety system."
All contracted motels had 24-hour on-site supervision.
"No premises ... have been assessed under the 'change of use' consent provisions of the Building Act at this time.
"HUD is reviewing the final determination from MBIE ... to consider its implications," Barris said.
'Game changer'
Rotorua mayor Tania Tapsell said the MBIE ruling was a "game changer" for the whole country.
"I must stress how frustrated I am as mayor that we have not been able to protect the people in the motels because it took so long," Tapsell said.
However, with the new ruling the council sought from MBIE, it had the confidence to tell operators of motels used for emergency housing they must apply for a change of use.
"These rules and regulations basically ensure that we can guarantee that that is safe and appropriate for that use."
Tapsell said they would be assessing motels again - a "blunt tool" but the best they could do.
MBIE has a statutory obligation to issue such rulings within 60 working days, but took 18 months. It has said the volume of rulings was up and they were more complex, so it was putting more resources in. During those 18 months, the number of motels used for emergency housing has dropped slightly.
MBIE said while the outcome of the determination is only binding in terms of this specific case, the analysis of it "may be helpful to territorial authorities in considering similar situations".
There are hundreds more motels around the country used for emergency housing that do not have any contract. The numbers used this way have been dropping from a peak in late 2021 but about 4000 households still live in them.