3. Constructive Accountability
Guideline 16: All housing initiatives must be subject to constructive accountability i.e. initiatives
must be assessed against the human right to a decent home grounded on Te Tiriti. Constructive
accountability must be both effective and accessible to those in need.
Accountability is a crucial feature of good
governance, democracy, and human rights.
Without accountability, these can easily become
window-dressing.
There are different ways of understanding
accountability. In this chapter, we set out how
accountability is commonly understood in the
human rights field. We consider some of the
mechanisms of accountability in Aotearoa’s
housing system. We ask if these mechanisms are
doing their job in the kāwanatanga sphere.
The three elements of constructive
accountability
Accountability is about ensuring laws, policies,
strategies, plans, and promises are respected. It
does not need to be about blame and punishment.
Accountability can be about identifying what works
so it can be repeated, and what doesn’t work so
it can be adjusted and remedial action taken. In
the human rights field, this is called ‘constructive
accountability’.
Monitoring and accountability are often conflated.
Monitoring is not accountability, it is one step
towards accountability. Accountability can be
understood as having three elements:
• monitoring i.e. the collection of information
and data
• review, including independent review, in relation
to agreed standards and promises made
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•
remedial action i.e. putting things right, so far
as possible.
The review element can be carried out by a political
body, such as Parliament or a local council, and by
one or more independent bodies. For example,
an independent body’s review can be submitted
to a political body for consideration. In this way,
the independent review adds rigour to the review
undertaken by the political body.
This commonly happens in Aotearoa. For example,
the independent reports of the Human Rights
Commission, Ombudsman, and Auditor-General
are forwarded to Parliament for consideration.iii
Accountability comes in many forms, such as
national and local elections, Parliament and
local councils, courts and tribunals, civil society
organisations, and the media. Besides courts and
tribunals, other statutory bodies provide forms of
independent accountability, such as:
• Waitangi Tribunal
• Human Rights Commission
• Office of the Children’s Commissioner
• Office of the Auditor-General
• Ombudsman.
Aotearoa’s housing system should have effective
and accessible accountability, that is monitoring,
review (independent and political), and remedial
action in relation to the right to a decent home
grounded on Te Tiriti o Waitangi.
The Human Rights Commission is an independent Crown Entity, while the Ombudsman and Auditor-General are Officers of
Parliament.
Human Rights Commission