In the context of the emergency housing system, Article 2 of Te Tiriti is particularly important. It affirms Tangata Whenua rights to “te tino rangatiratanga o ratou wenua, o ratou kainga me o ratou taonga katoa.” Rangatiratanga includes the authority to manage iwi rohe (territory) and to manaaki and tiaki the people, lands and resources within them. These rights are bolstered by rights affirmed in UNDRIP, such as Indigenous Peoples’ right to “be actively involved in developing and determining health, housing, and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.”57 The Government has acknowledged “Iwi and Māori representatives had limited involvement in the design of the original emergency housing funding model.”58 This is not consistent with the rights affirmed by Article 2 and reinforced by UNDRIP. Article 2 cannot be effectively applied unless Māori are given the authority and autonomy to create and implement kaupapa Māori-based approaches, with the authority to self-determine their own procedures, policies, and solutions. The principle of partnership may not be sufficient to achieve these outcomes. We are concerned that some providers have faced the difficulty of being funded to deliver kaupapa Māori services while simultaneously being required by government to meet contractual standards and obligations that run counter to Te Ao Māori. Our forthcoming discussion paper on Te Ao Māori accountability explores Māori understandings of accountability and different models of accountability for different spheres.59 If Māori providers have the authority to self-determine how kaupapa Māori housing services should be designed and delivered, it would be more appropriate for their accountability obligations to align with Te Ao Māori accountability as understood in tikanga Māori. Our comment on this obligation The Commission acknowledges the mana and authority of the Waitangi Tribunal in making findings regarding breaches of Te Tiriti o Waitangi, including through this Kaupapa Inquiry. We do not intend to pre-empt the Tribunal in its invaluable work. But we wish to emphasise that the human right to a decent home, and obligations flowing from this human right, cannot be fully achieved unless obligations under Te Tiriti o Waitangi are also upheld and realised. We are extremely concerned that this has not been the case and await the Tribunal’s deliberations, counsel, findings, and recommendations with great interest. Immediate obligation 4: Establish constructive accountability Establish effective and accessible accountability arrangements in relation to the emergency housing system As we have seen, accountability is a crucial feature of human rights, including the right to a decent home. This accountability must be effective, accessible, and constructive. It has three elements: monitoring, review including independent review, and remedial action. Regulatory frameworks and oversight mechanisms which could provide accountability in the emergency housing system Residential Tenancies Act The Residential Tenancies Act 1986 is the main legislative framework that regulates housing and protects some of the key features of the right to a decent home. The Act establishes the legal minimum standards for rental tenure security, housing habitability, and facilities, and requires landlords to provide and maintain rental properties in a reasonable state of repair and cleanliness.60 51