Meth laws create battleground
‘‘Moral panic’’ over methamphetamine contamination under a proposed new law allowing landlords to throw people out of rented premises with seven days notice will cause worse problems than it solves.
This is the view of the New Zealand Drug Foundation which opposes draconian proposals in the Residential Tenancies Amendment Bill being considered by MPs.
The Drug Foundation’s submission reflects several other groups’ concerns about tenants copping blame for contamination they didn’t cause, and being made homeless in tight rental markets.
‘‘There is no evidence of an immediate health risk from being in a house where methamphetamine has been used but not manufactured. In most cases there will be no evidence that the tenant was at fault.
‘‘We believe the negative human rights implications far outweigh any possible message that may be sent to tenants about the importance of not smoking methamphetamine in rental properties.
‘‘We are particularly concerned about the implications for families, especially those with young children, of having to leave a property at such short notice.
‘‘The impact of having to vacate a house can cause loss of employment, disruption of schooling, separation of family units, loss of important social networks, homelessness and other long term negative impacts on physical and mental health.’’
Another big issue was the level of tenant liability for damage to homes.
Barrister and Tenancy Tribunal adjudicator Alan Henwood said the proposal setting tenant liability to four weeks’ rent ignored varying rental levels.
The liability caps needed to reflect the level of damage typically caused.
But the Insurance Council said the liability cap was ‘‘far too low to incentivise tenants to take care of others’ property ... tenants should remain liable for their gross negligence and recklessness.
‘‘Tenants’ behaviour is far more likely to be shaped by considering a worst-case scenario of a multimillion-dollar liability for negligence, than a worst-case scenario of a few hundred dollars.
‘‘The cost of insuring a rental property is already about 15 per cent higher than the cost to insure an owneroccupied property.’’
Among the several Human Rights Commission concerns was the development of appropriate meth measuring standards to reflect the level of health risk, as well as the seven day tenancy termination.
‘‘The personal circumstances of tenants must be taken into account prior to any decision being made; including vulnerability indicators such as dependent children or victims of family violence.’’
‘‘There is a balance to be struck between encouraging tenants to take a high degree of care and not exposing them to excessive risk and cost,’’ the commission said.
Social agencies such as the Salvation Army, and tenant advocacy groups including the NZ Union of Students Associations had similar views.