This discussion paper commenced with the role of
Te Kāhui Tika Tangata Human Rights Commission
and its inquiry into strengthening accountability
and participation in the housing sector and,
in doing so, seeking a better understanding
of what accountability means in Te Ao Māori.
The central place of Te Tiriti o Waitangi and its
interpretation in the housing sector in legislation,
plans, strategy, and policies are recognised.
Te Tiriti and accountability discussions draw
attention to accountability of Māori to Māori
within the rangatiratanga sphere. The mechanism
that may best operate in the relational sphere
between the Kāwanatanga and Rangatiratanga
is not addressed in any detail to tease out the
deficit of accountability in the housing sector and
institutional arrangements. This is an area where
further thinking and discussion is recommended.
Tikanga Māori as an integrated and long-term
collective accountability system for Māori to Māori
is elaborated as effective accountability. Models
diagram the various accountabilities with examples
that illustrate the models. Tino rangatiratanga is
highlighted as the outcome expected and sought
by Māori. The recent example of the new Māori
Health Authority and accountability structures are
considered as the basis for developing options
and their strengths and weaknesses with respect
to effective accountability for the Māori housing
sector noted.
A mechanism for addressing accountability that
has been used at the regional level is that of
Treaty audits of local government compliance with
Te Tiriti responsibilities. This mechanism is an
opportunity to consider on a short-term basis for
the Kāwana to undertake for the housing sector in
anticipation that an effective Māori housing entity
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managed by and for Māori is the goal. It would
provide helpful information as preparation for
change. Although the Office of the Auditor-General
already has an audit function for the Kāwana, its
role is restricted to policy implementation and
does not appear to have been undertaken for
housing using the text of Te Tiriti, including tino
rangatiratanga, as its yardstick. Such an audit
system would enable exploration of the gaps in
the housing structure, funding and supply and
comparative response for Māori and Pākehā. It
could identify what strategies and policies are
currently enabling accountability, which in turn
might be replicated and adopted by a new entity,
and where performance requires correction.
However, the Kāwana has not been able to
demonstrate over the last 30 years (at least)
effective or constructive accountability to Māori
for decent housing, and the situation has been
steadily worsening. A separate independent Māori
housing entity demonstrating rangatiratanga
through this role could start to address the dire
deficit in funding and performance before the
problem gets beyond the abilities of the Kāwana.
Housing with appropriate funding, planning and
construction training and a rapid increase in sector
capability at all levels that is led and managed
by Māori for Māori would be an appropriate
Tiriti response as well as enable a response to
wairuatanga as is addressed in Article 4. There are
several options for such an outcome, discussed
below. We note our finding that, with increasing
autonomy, public scrutiny of responsibility and
accountability is likely to increase but that this
could enhance rather than diminish performance.
We explore the following models and institutional
arrangements for further discussion.
Te Kāhui Tika Tangata New Zealand Human Rights Commission Housing Inquiry