Minister Woods referred to the “right to a warm,
safe, dry home” when she appeared before the
committee on 23rd February 2021. In its response
to a written question on disability, Kāinga Ora
referred to the Convention on the Rights of
Persons with Disabilities. However, to the best of
our knowledge, no committee member referred
to human rights in any question to HUD or Kāinga
Ora. Nor does the committee’s annual review
report make any reference to human rights,
including the right to a decent home.
The same committee also has annual oversight
of the social sector, including the Ministry of
Social Development’s management of emergency
housing and the Accommodation Supplement.
In relation to 2019/20, the committee asked
more than 350 questions and held an in-person
hearing on 23rd February 2021. To the best of our
knowledge, there were no written or in-person
questions about human rights or the right to a
decent home, except for one which asked about
the Convention on the Rights of Persons with
Disabilities. Again, the annual review report is silent
on human rights.
Committee members asked questions implicitly
related to the right to a decent home but, apart
from one question out of more than 650, we found
no evidence that any committee members:
• were aware of the government’s legally binding
obligations arising from the right to a decent
home, or
• had any knowledge of the right to a decent
home, or
• used human rights as a lens through which to
scrutinise the government’s work on housing,
including emergency housing.
In short, the committee did not provide effective
and accessible accountability in relation to the right
to a decent home grounded on Te Tiriti o Waitangi.
16
Human Rights Commission
International accountability
As explained in the Guidelines, the right to a decent
home and other social rights are included in
various international human rights instruments.
This includes the Universal Declaration of Human
Rights, International Covenant on Economic, Social
and Cultural Rights (ICESCR), Convention on the
Rights of the Child, Convention on the Rights of
Persons with Disabilities, and the United Nations
Declaration on the Rights of Indigenous Peoples.
Each human rights treaty has an independent
United Nations (UN) committee that reviews the
performance of countries that have ratified the
relevant treaty. For example, the UN Committee
on Economic, Social, and Cultural Rights reviews
the performance of countries that have ratified
ICESCR. This independent committee of experts
assesses how well governments are protecting and
promoting their people’s economic (i.e. workers’
rights), social, and cultural rights. It then makes
recommendations to governments about areas
that need improving.
New Zealand has ratified these important human
rights treaties and is routinely held accountable in
the UN for its performance in relation to the right
to a decent home. There are other UN human
rights procedures that hold the government to
account in relation to the right to a decent home,
such as the scrutiny provided by the UN Special
Rapporteur on the right to adequate housing.25
These international procedures provide a
valuable way to publicly hold the New Zealand
government accountable on the global stage for its
performance regarding the right to a decent home.
The procedures are strong on independent review
and weak on remedial action. Nonetheless, they
rival any national accountability mechanism in
Aotearoa on the right to a decent home grounded
on Te Tiriti o Waitangi.