The right to a decent home grounded on Te Tiriti o Waitangi The human right to a decent home has been recognised in multiple international human rights treaties.2 International law usually refers to the ‘right to adequate housing’. Sometimes the term the ‘right to shelter’ is used. However, the human rights literature is clear: the right to adequate housing is much more than shelter, bricks, mortar or a house.3 In these circumstances, we favour the ‘right to a warm, dry, safe, secure, affordable, accessible, healthy, decent home’ – for short, ‘the right to a decent home’. For many years, Aotearoa New Zealand has ratified many of these treaties. In other words, the right to a decent home is both ethically compelling and legally binding in international law.4 It places responsibilities on central and local governments, and on the private sector.5 In Aotearoa New Zealand, the constitutional status of Te Tiriti o Waitangi means that the right to a decent home must be read alongside, and grounded on, Te Tiriti.6 The Guidelines highlight key features of the right to a decent home grounded on Te Tiriti o Waitangi. In summary, these features include: • Values, such as whanaungatanga, kaitiakitanga, manaakitanga, dignity, decency, fairness, equality, freedom, wellbeing, safety, autonomy, participation, partnership, community, and responsibility These values must lie at the centre of all housingrelated initiatives in Aotearoa New Zealand. • United Nations ‘decency’ housing principles i.e., habitability; affordability; accessibility; access to services, facilities, and infrastructure; access to location; respect for cultural diversity; and security of tenure If homes and housing initiatives do not comply with these seven principles, read with Te Tiriti o Waitangi, they are not complying with the right to a decent home, unless it can be shown that all reasonable steps have been taken to comply with the principles. • Freedoms and entitlements All restrictive housing laws, regulations, rules, and practices must be fair, reasonable, proportionate, and culturally appropriate. • Equity, equality and non-discrimination Effective measures, designed to address the unfair disadvantage experienced by some individuals and communities, are required. • Participation All individuals and communities should have the opportunity for active and informed participation on housing issues that affect them, and Te Tiriti o Waitangi requires government to work in partnership with its Tiriti partners. • A human rights-based housing strategy • Constructive accountability and access to justice This must be both effective and accessible to those in need. Framework Guidelines on the Right to a Decent Home in Aotearoa In 2021, after a long consultation process, the Commission published Framework Guidelines on the Right to a Decent Home in Aotearoa. The Guidelines set out what the right to a decent home means in the unique context of Aotearoa New Zealand and signal the diverse ways this human right can contribute to a fair and dynamic housing system. Developed in close partnership with the National Iwi Chairs Forum, the Guidelines reflect Te Tiriti o Waitangi; the distinctive social, economic, cultural, and demographic conditions prevailing in Aotearoa New Zealand, including colonisation and its continuing impact on Tangata Whenua; and international human rights standards. 17