Section 5: Private sector 102.This section very briefly outlines the role of the private sector in relation to the right to a decent home grounded on Te Tiriti. 103.The private sector plays a very significant role in Aotearoa’s housing system. Investors, businesses and individuals develop, build, sell and rent housing. Financial institutions provide access to credit. Private households - often supported by property managers purchase, build or improve their own housing and may rent it to others. The private sector has the power to affect, both positively and negatively, enjoyment of the right to a decent home grounded on Te Tiriti. 104.The government has a primary responsibility to implement the right to a decent home. It also has a responsibility to prevent the private sector from interfering with the enjoyment of the right to a decent home (see section 4). But, additionally, the private sector itself has human rights and Tiriti responsibilities. 105.According to the United Nations Guiding Principles on Business and Human Rights, which the government has affirmed: “Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved … The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights.”36 106.So, Te Tiriti and human rights-based housing strategy requires the private sector to: a) ensure it is supporting Māori housing aspirations and needs e.g. 38 Human Rights Commission b) c) d) e) intergenerational living and care for Papatūānuku; provide an appropriate supply of affordable (rather than luxury) housing; include an appropriate supply of accessible homes for disabled people; ensure that, in appropriate cases, neighbourhood housing is upgraded (rather than demolished) in accordance with the choices made by residents; provide warm, dry, healthy, secure, decent homes, in accordance with the UN ‘decency’ housing principles, including Healthy Homes Standards, HomeFit and Homestar (see section 3 and ‘Habitable’). 107.The United Nations Guiding Principles on Business and Human Rights also require the government to ensure that, if the private sector is responsible for a violation of the right to a decent home, those affected have access to accountability, including independent review and redress (see section 3 and ‘Constructive accountability’). 108.By way of Tiriti partnership and a consultative process, further attention should be given to (a) clarifying the responsibilities of the private sector in relation to the right to a decent home grounded on Te Tiriti and (b) identifying suitable constructive accountability arrangements for the private sector’s responsibilities in relation to the right to a decent home grounded on Te Tiriti. Guideline 20: The private sector has obligations arising from the right to a decent home. Further attention should be given to (a) clarifying the responsibilities of the private sector in relation to the right to a decent home grounded on Te Tiriti and (b) identifying suitable constructive accountability arrangements in relation to these private sector responsibilities.