FRAMEWORK GUIDELINES ON THE RIGHT TO A DECENT HOME IN AOTEAROA
Executive Summary
The Framework Guidelines on the Right to a Decent
Home in Aotearoa (Guidelines) aim to:
• introduce the international right to adequate
housing
• signal the different ways this human right
can contribute to a fair and dynamic housing
system in Aotearoa New Zealand.
They are designed to raise the profile of the right
to adequate housing.
The Guidelines are relevant to central and local
government, communities, iwi, hapū, the private
sector, civil society organisations and individuals.
They provide an introductory framework and
suggest how they can be developed and applied.
The Guidelines raise some technical issues, but they
aim to be as accessible as possible. They are not
primarily written for lawyers and experts.
A decent home
International law usually refers to the right to
‘adequate housing’. The extensive literature on this
human right is clear: the right to adequate housing
is more than a physical structure, it is about having
a decent home.
Te Ao Māori, and the worldview of many Pacific,
Asian and other communities in Aotearoa, also
understand that housing is much more than a
physical structure.
For these reasons, the Guidelines do not use the
right to ‘adequate housing’ as a shorthand. Instead,
they refer to the right to a ‘decent home’, defined
as the right to a warm, dry, safe, secure, affordable,
accessible, healthy, decent home.
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Human Rights Commission
International human rights law
For many years, successive governments in
Aotearoa New Zealand have committed to
implement the right to a decent home, as set out
in the International Bill of Rights, Convention on
the Rights of the Child, Convention on the Rights
of Persons with Disabilities, and United Nations
Declaration on the Rights of Indigenous Peoples.
Most of these commitments are binding on central
and local government in international law, yet the
right to a decent home is almost unknown and
invisible in Aotearoa.
International law is silent on the socio-economic
system (e.g. private, public or mixed) required to
implement the right to a decent home, except for
three conditions. The socio-economic system – or
road – chosen:
• must be consistent with human rights and
democratic principles
• must reach the destination i.e. it must enhance
enjoyment of the right to a decent home,
including for the most disadvantaged
• in Aotearoa, the road chosen – and destination
– must be consistent with Te Tiriti o Waitangi.
The unique context of Aotearoa
If human rights are to be made ‘real’ in Aotearoa,
they must be considered and implemented within
the country’s unique historical and current context
which includes:
• the systematic dispossession of Māori
from their land and the ongoing impact of
colonisation
• Te Tiriti o Waitangi (Te Tiriti) and the crucial
importance of ensuring the culture of tangata
whenua flourishes