a) private enterprises from developing Māori land without free, prior and
informed consent of mana whenua;
b) private landlords discriminating against individuals applying for a tenancy,
for example, on the grounds of ethnicity, religion or sexual orientation;
c) private landlords harassing their tenants;
d) private landlords renting accommodation which is likely to cause the illhealth of tenants e.g. mouldy, vermin-infested housing;
e) private enterprises polluting and causing ill-health of inhabitants
(whether the inhabitants are in state or private housing);
f) faith-based philanthropic landlords granting tenancies on condition that
tenants undertake religious instruction.
87. The obligation to fulfil requires the government to adopt all appropriate
measures, including legislative, administrative and budgetary, to ensure the full
realisation of the right to a decent home grounded in Te Tiriti. For example, the
government must provide adequate emergency housing for the homeless and
put in place an effective Te Tiriti and human rights-based housing strategy for all.
88. Violations of the obligation to fulfil include:
a)
b)
c)
d)
e)
failure to implement provisions of Te Tiriti which relate to kāinga;
failure to prepare a Tiriti and human rights-based housing strategy;
homelessness;
inadequate emergency housing for the homeless;
failure to take all reasonable steps towards a housing system, whether
private, public or mixed, which ensures a decent home for everyone;
f) failure to put in place transparent, effective and accessible accountability
arrangements for the right to a decent home grounded on Te Tiriti.
89. Conclusion. Obligations and violations highlight the crucial role of constructive
accountability in relation to the right to a decent home grounded on Te Tiriti.
Constructive accountability - monitoring, review (including independent review)
and redress - assesses whether obligations are being kept, violations are
occurring and, if appropriate, remedial action is taken (see section 3 and
‘Constructive accountability’).
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