How can we make sure our rights are protected?
The right to a decent home is a binding obligation
in international law. However, in Aotearoa, it has
not been explicitly incorporated into domestic
human rights law, specifically the New Zealand Bill
of Rights Act 1990. As a result, individuals cannot
directly seek enforcement of this right through the
court system in Aotearoa.
There are some aspects of the right to a decent
home that are reflected in our laws. For example,
regulations like the Healthy Homes Standards help
to protect habitability of our rental housing, and it
is unlawful to discriminate against someone when
you are providing housing or accommodation.
Tenancy Services and the Tenancy Tribunal
can handle complaints about Healthy Homes
compliance and other aspects of the right to a
decent home that are covered by our Residential
Tenancies Act. The Human Rights Commission
provides free mediation and dispute resolution
for complaints of discrimination, including in
housing. Some cases may be referred to the
Office of Human Rights Proceedings, which is an
independent part of the Commission that can take
cases to the Human Rights Review Tribunal.
These free mediation and legal services uphold the
right to not be discriminated against in housing
(one element of the right to a decent home), but
the Commission is not legally able to provide
the same services for other elements such as
affordability or substandard housing conditions.
While the direct enforceability of the right to a
decent home may be limited within the current
legal framework, it is important for individuals to
be aware of their rights and the available channels
to address housing-related issues. Engaging with
organisations like the Commission can give you
access to guidance and support in navigating
instances of discrimination and seeking resolution
through mediation or legal processes.
6
Human Rights Commission
Accountability and participation are both key
features of the right to a decent home. You have
the right to participate in housing decision making,
and to call for people to be held responsible for
progressing the right to a decent home. One of our
Inquiry’s key recommendations is creating effective
accountability structures that will keep our housing
system on track and hold government to account
on delivering the right to a decent home as they
have promised.
Achieving the right to a decent home
requires accountability
Effective and accessible accountability is a crucial
feature of human rights, including the right to a
decent home. Without accountability, the right to a
decent home can become an empty promise.
Accountability is about ensuring our laws, policies,
strategies, plans, and promises are respected. It
does not need to be about blame and punishment.
But it’s not enough for government just to monitor
and keep an eye on what’s happening. It’s about
identifying what works so it can be repeated and
what doesn’t work so it can be adjusted and fixed
for the future.
Accountability can hold different cultural meanings
and can be designed in different ways to reflect
cultural understandings, needs, and customs.
Here, we talk about a particular framework of
accountability that is used in the human rights
field (called constructive accountability). If you are
interested in exploring the topic of accountability
from a te ao Māori perspective, you can read about
our discussion paper Understanding Accountability
for Māori.