Executive Summary
For many years, successive governments in
Aotearoa New Zealand have committed to
implement the human right to a decent home, as
set out in the International Bill of Human Rights,
Convention on the Rights of the Child, Convention
on the Rights of Persons with Disabilities, and
United Nations Declaration on the Rights of
Indigenous Peoples.
Despite these promises, the country faces a
housing and human rights crisis caused by
decades of neglect. The crisis exposes a failure
of public policy and democracy. Democratic
institutions with the responsibility to anticipate
and swiftly tackle crises have failed to do their job.
In August 2021, the Human Rights Commission
published Aratohu tika tangata ki te whai whare
rawaka i Aotearoa: Framework Guidelines on the
right to a decent home in Aotearoa. The Guidelines
introduce the right to a decent home grounded
on Te Tiriti o Waitangi and signal the different
ways this human right can contribute to a fair and
dynamic housing system.
The Commission has a mandate to hold inquiries
into human rights issues.1 We have launched a
Housing Inquiry which will use the Guidelines as
a lens through which to consider the country’s
housing system. The Inquiry will generate several
short reports on a number of issues and provide
constructive recommendations for a range of
stakeholders.
In this report we consider two key features of the
right to a decent home, with particular attention
to the kāwanatanga sphere:
• constructive accountability
• public participation and engagement.
Accountability is a crucial feature of good
governance, democracy, and human rights.
Without accountability, these can easily
become window-dressing. Weak accountability
undermines housing laws, policies, strategies,
plans, and initiatives.
This report frames constructive accountability as
consisting of three elements:
• monitoring
• independent review in relation to agreed
standards and promises
• remedial action.
After reviewing the housing system, the report
finds that effective and accessible accountability
arrangements in relation to the right to a decent
home grounded on Te Tiriti o Waitangi do not yet
exist in the kāwanatanga sphere.
The right to a decent home, and other human
rights, requires as much public participation
and democratic engagement as possible.
Communities are calling for more public
participation and democratic engagement in the
housing system.
This first report of the Inquiry warmly welcomes
the new Government Policy Statement on Housing
and Urban Development and MAIHI Ka Ora: The
Active, informed, inclusive, and meaningful public
participation is not easy. However, strengthening
public participation and democratic engagement
is a way to enhance social cohesion and inclusion.
National Māori Housing Strategy 2021-2051.
The report finds that, although community
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