13. Many of the international human rights
promises made by New Zealand governments
are ethically compelling and they are binding
in international law. The right to a decent
home is one of the human rights that New
Zealand has agreed to implement under
binding international law. This human right is
well-established in international law. It is not
a one-liner – it’s not a bumper-sticker – it has
substantive content. Although it is binding on
New Zealand in international law, the right to a
decent home is almost unknown and invisible
in Aotearoa.
14. International law is silent on the socioeconomic system (e.g. private, public or mixed)
required for implementation of the right to a
decent home.7 This deliberately neutral position
is subject to three important conditions. The
socio-economic system - or road - chosen:
a) must be consistent with human rights and
democratic principles
b) must reach the destination i.e. it must
enhance enjoyment of the right to a
decent home, including for the most
disadvantaged, such as those living in
poverty
c) in Aotearoa, the road chosen - and
destination - must be consistent with Te
Tiriti.
15. In addition to its binding international legal
obligations in relation to the right to a
decent home, New Zealand has committed
to reaching Sustainable Development Goals,
including: “By 2020, ensure access for all to
adequate, safe and affordable housing and
basic services”.8
Guideline 3: Agreed by successive New
Zealand governments, the right to a decent
home is ethically compelling and binding
on New Zealand in international law. This
human right does not favour one particular
socio-economic system, but it requires that
the selected system is consistent with human
rights and democratic principles, enhances
enjoyment of the right to a decent home, and
honours Te Tiriti.
The unique context of Aotearoa
16. Internationally there are thousands of books,
articles, reports and guidance on what the right
to a decent home means and how to apply it
in practice.9 But the literature on the right to
a decent home in the distinctive context of
Aotearoa is extremely limited.
17. Many countries have placed the right to a decent
home in their national law and this has led to
law cases which clarify what the human right
means.10 But New Zealand has not placed the
right to a decent home in its national law and so
there are no law cases in Aotearoa to throw light
on the meaning of this human right.11
14
Human Rights Commission
18. Although the existing international literature,
as well as law cases decided in other countries,
provide useful guidance on what the right
to a decent home means, we must consider
and apply this human right within the unique
historical, demographic, economic, social,
cultural, environmental and legal context of
Aotearoa.
19. These Guidelines outline what the right to a
decent home means in the unique context of
Aotearoa. This context includes: the systematic
dispossession of Māori land and the ongoing
impacts of colonisation; Te Tiriti and the crucial
importance of ensuring the culture of tangata