Responsibility to provide advice on binding international human rights law To their credit, New Zealand governments have ratified all the major international human rights treaties. Additionally, they have often played an active role in drafting these treaties within the United Nations. • According to the Public Service Act 2020,35 “The public service … acts in accordance with the law.” The public service principles designed to achieve this purpose include that, “when giving advice to Ministers, to do so in a free and frank manner”. Shortly after New Zealand has ratified an international human rights treaty, the treaty enters into force in relation to New Zealand – it is binding on the government of New Zealand in international law. • When tendering advice to Ministers, public officials have a responsibility to provide free and frank advice on relevant national and international law, including binding international human rights law. A Minister may disregard officials’ advice – officials advise, Ministers decide – but nonetheless, officials have a responsibility to provide free and frank advice on relevant law, including binding international human rights law. • If Ministers require officials to design policies, the officials are providing the Ministers with advice. Unless told by Ministers to disregard New Zealand’s binding international human rights law (which would be subject to officials’ “free and frank” advice), the public service has a responsibility to integrate these binding international obligations into housing and other policies. • New Zealand is mainly held to account for its international human rights treaty obligations through United Nations mechanisms; the New Zealand Human Rights Commission; New Zealand’s independent monitoring mechanisms for children’s rights, the rights of disabled people, and the rights of indigenous peoples; civil society organisations; and the media.36 A ratified treaty is not binding in New Zealand’s national law unless it is enshrined in an Act of Parliament, such as the New Zealand Bill of Rights Act 1990 (NZBORA). For the most part, the human rights within NZBORA are also part of an international human rights treaty that New Zealand has ratified, so the human rights within NZBORA are binding on New Zealand in relation to both international and national law. In summary: • As Cabinet recently put it, “New Zealand has assumed responsibility under international law to immediately implement or progressively realise the human rights obligations set out” in international human rights treaties it has ratified.33 • If New Zealand has ratified an international human rights treaty, it is binding on the Government of New Zealand in international law even if the treaty has not been enshrined in an Act of Parliament. • Cabinet emphasises, “In New Zealand, domestic agencies are responsible for implementing international human rights obligations”.34 2. Integrating human rights and te Tiriti o Waitangi into housing policy making 23