Q: We have just received a complaint that a utility Co who manage a pvte sewage scheme have cut off an occupied dwelling because they apparently have not paid their fees! I thought such action was illegal under the Health Act , but I cannot find anything except that it is now an insanitary Bldg.and the council may have to request that the house is vacated accordingly! Can any one offer any suggestions ( urgently ) please?
R:
See Health Act 1956, secs 23(c) and 30
In the past we have pointed out to territorial authorities that the term "every person" applies to them too.
Every person by whose act, default, or sufferance a nuisance arises or continues, whether that person is or is not the owner or occupier of the premises in respect of which the nuisance exists, commits an offence against this Act.
The word "or" provides alternatives.
The resident is liable thru the default of not paying the bill
The operator is liable by the act of cutting off the premises.
The Council is liable if it suffers such things to happen without taking reasonable action.
Plus the Council has the added impetus (mandate) of s23.
The Ministry of Health has on occasion advised Councils of the Ministry's opinion that Territorial Authorities should not cut off water or allow it to be cut off by a provider, but seek alternative means to recover rates. In my opinion a similar situation exists here. There are other means of recovering money, without putting at risk the health of the parties and innocent members of their families.
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