Executive summary
The Human Rights Commission has a statutory
mandate to hold inquiries into human rights
issues.2 In 2021, we launched an Inquiry into
the right to a decent home. The Housing Inquiry
includes reports and other interventions on
several housing issues and provides constructive
recommendations for a range of stakeholders.
We recognise the current Government faces
a housing crisis largely created by decades of
institutional neglect. Aotearoa New Zealand suffers
from years of undersupply in housing, stemming
in part from historic governmental policy to sell off
state housing stock. This undersupply has been
compounded by drastic house price increases and
an increasing lack of affordable rental supply. The
Government also faces other complicating factors,
including the COVID-19 pandemic and response,
serious building industry supply issues, and a
challenging global economic environment. Some of
these factors have driven increased hardship and
poverty in Aotearoa New Zealand.
The Government has invested very significant
effort and funding to develop a system that
tackles and lessens both homelessness and the
circumstances in which people become homeless.
Our Inquiry builds on the Commission’s recent
publication, Aratohu tika tangata ki te whai whare
rawaka i Aotearoa: Framework Guidelines on the
right to a decent home in Aotearoa.3 The Guidelines
outline 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.
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This report focuses on the emergency housing
system, which is government’s frontline response
to homelessness in Aotearoa New Zealand. The
emergency housing system includes a range of
initiatives, but this report considers two core
aspects: emergency accommodation funded by a
housing grant, and transitional housing delivered
by contracted service providers.
In September 2022 we issued a public call asking
those with experience of the emergency housing
system to contact us and share their perspectives.
Our report summarises what we heard and
provides some personal testimonies (chapter 3).
What we heard is distressing. In many respects the
system has failed those who need the most help.
Instead of supporting people through housing
insecurity into sustainable solutions, the frontline
response to homelessness can deepen problems
and trauma that continue to affect people long
after they have left the system.
In chapter 4, we identify four immediate human
rights obligations that arise from the right to a
decent home in relation to homelessness:
Immediate obligation 1: Provide emergency
housing that meets minimum decency standards
and other key features of the right to a decent
home.
Immediate obligation 2: Do not evict anyone into
homelessness.
Immediate obligation 3: Uphold Te Tiriti
o Waitangi alongside other human rights
obligations.
2
Human Rights Act 1993, section 5(2)(h).
3
Te Kāhui Tika Tangata Human Rights Commission, Aratohu tika tangata ki te whai whare rawaka i Aotearoa: Framework Guidelines on
the right to a decent home in Aotearoa, August 2021. https://www.hrc.co.nz/files/7416/2784/4778/Framework_Guidelines_on_the_
Right_to_a_Decent_Home_in_Aotearoa_FINAL.pdf.
Human Rights Commission