3. Constructive Accountability Guideline 16: All housing initiatives must be subject to constructive accountability i.e. initiatives must be assessed against the human right to a decent home grounded on Te Tiriti. Constructive accountability must be both effective and accessible to those in need. Accountability is a crucial feature of good governance, democracy, and human rights. Without accountability, these can easily become window-dressing. There are different ways of understanding accountability. In this chapter, we set out how accountability is commonly understood in the human rights field. We consider some of the mechanisms of accountability in Aotearoa’s housing system. We ask if these mechanisms are doing their job in the kāwanatanga sphere. The three elements of constructive accountability Accountability is about ensuring laws, policies, strategies, plans, and promises are respected. It does not need to be about blame and punishment. Accountability can be about identifying what works so it can be repeated, and what doesn’t work so it can be adjusted and remedial action taken. In the human rights field, this is called ‘constructive accountability’. Monitoring and accountability are often conflated. Monitoring is not accountability, it is one step towards accountability. Accountability can be understood as having three elements: • monitoring i.e. the collection of information and data • review, including independent review, in relation to agreed standards and promises made iii 12 • remedial action i.e. putting things right, so far as possible. The review element can be carried out by a political body, such as Parliament or a local council, and by one or more independent bodies. For example, an independent body’s review can be submitted to a political body for consideration. In this way, the independent review adds rigour to the review undertaken by the political body. This commonly happens in Aotearoa. For example, the independent reports of the Human Rights Commission, Ombudsman, and Auditor-General are forwarded to Parliament for consideration.iii Accountability comes in many forms, such as national and local elections, Parliament and local councils, courts and tribunals, civil society organisations, and the media. Besides courts and tribunals, other statutory bodies provide forms of independent accountability, such as: • Waitangi Tribunal • Human Rights Commission • Office of the Children’s Commissioner • Office of the Auditor-General • Ombudsman. Aotearoa’s housing system should have effective and accessible accountability, that is monitoring, review (independent and political), and remedial action in relation to the right to a decent home grounded on Te Tiriti o Waitangi. The Human Rights Commission is an independent Crown Entity, while the Ombudsman and Auditor-General are Officers of Parliament. Human Rights Commission

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