Te Tiriti o Waitangi: recognising its significance in the right to a decent home The Commission is mandated by the Human Rights Act 1993 to promote a better understanding of the human rights dimensions of te Tiriti o Waitangi. Te Tiriti o Waitangi recognises the unique partnership between Māori and the Crown in Aotearoa. It establishes the framework for engagement, cooperation, and decision making between these parties. The right to a decent home must be shaped by and give effect to te Tiriti o Waitangi. Recognising our colonial history and the enduring impacts of colonisation on the rights and wellbeing of Māori is essential to realising the human right to a decent home in Aotearoa. The systematic dispossession of Māori from their land, pervasive systemic racism, and culturally inadequate government housing policies continue to hinder Māori housing initiatives, both on ancestral Māori lands and general land titles. Specific instances of land loss, racist policies, and discriminatory practices have perpetuated inequity, and these detrimental effects on Māori housing persist to this day. The Commission acknowledges the mana and authority of the Waitangi Tribunal in making findings regarding breaches of te Tiriti o Waitangi, including through the ongoing Waitangi Tribunal Kaupapa Inquiry into Housing Policy and Services (Wai 2750). The Tribunal has recently released Kāinga Kore,6 its report on Māori homelessness, as the first stage of this important inquiry. The Tribunal’s report and findings underscore the severity of this ongoing crisis: 10 Human Rights Commission [T]he Crown breached the treaty by its failure to adequately consult Māori over its definition of homelessness in 2009. Then, over the following seven years, the Crown did practically nothing to address Māori homelessness. It developed a Māori housing strategy that it did not implement, allowed the relative provision of social housing (on which Māori heavily rely) to decrease, and toughened access to the social housing register. All the while, problems of housing affordability were worsening. When a housing crisis became all too apparent in May 2016, the Government’s initial instinct was to deny it.7 As the Waitangi Tribunal continues its inquiry, its findings and recommendations will undoubtedly shape and reform our housing system structures. We acknowledge that working out how to implement the right to a decent home in a manner that is shaped by and gives effect to te Tiriti o Waitangi is complex. It requires ongoing partnership and collaboration with Tangata Whenua to gain a deeper understanding of diverse perspectives and ensure collective decision making. This work is a journey that will evolve through time. The observations and suggestions the Inquiry has made, including the recommendations we make in this report, are intended as the starting point of a conversation rather than the final word on achieving a Tiriticompliant, human rights-based housing system.