Guideline 3: Agreed by successive New Zealand governments, the right to a decent
home is ethically compelling and binding on New Zealand in international law.
This human right does not favour one particular socio-economic system, but it
requires that the selected system is consistent with human rights and democratic
principles, enhances enjoyment of the right to a decent home, and honours Te
Tiriti.
The unique context of Aotearoa
14. Across the world, there are thousands of books, articles, reports and guidance on
what the right to a decent home means and how to apply it in practice. But the
literature on the right to a decent home in the distinctive context of Aotearoa is
extremely limited.
15. Many countries have placed the right to a decent home in their national law and
this has led to law cases which clarify what the human right means. But New
Zealand has not placed the right to a decent home in its national law and so there
are no law cases in Aotearoa to throw light on the meaning of this human right.
16. Although the existing international literature, as well as law cases decided in
other countries, provide useful guidance on what the right to a decent home
means, we must consider and apply this human right within the unique
historical, demographic, economic, social, cultural and legal context of Aotearoa.
Te Tiriti o Waitangi and the imperative of ensuring the culture of tangata
whenua, the uniquely indigenous people of Aotearoa, is recognised and
flourishes;
17. These Guidelines outline what the right to a decent home means in the unique
context of Aotearoa. This context includes: the systematic dispossession of Māori
land and the ongoing impacts of colonisation; Te Tiriti o Waitangi and the crucial
importance of ensuring the culture of tangata whenua, the uniquely indigenous
people of Aotearoa, is recognised and flourishes; the need for a dynamic
inclusive multiculturalism grounded on Te Tiriti; respect (manaakitanga) and
human rights for all. This unique context is outlined in the following paragraphs.
Guideline 4: The international right to a decent home must be located and applied
within the unique historical, demographic, economic, social, cultural and legal
context of Aotearoa.
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