The plaintiff in Lawson also referred to the right
to life, contained in s 8 of the New Zealand Bill
of Rights Act 1990, arguing that charging market
rents without regard to affordability or the impact
on tenants’ living standards was in breach of this
right.
Although the plaintiff was unsuccessful in that
case, the right to life could be interpreted to
encompass issues of dignity and homelessness.
Some countries have taken this broad approach
to the right to life, and the Tenancy Tribunal has
very recently referred to it in a case about the
new Healthy Homes standards.iv
In the event of ambiguity, courts are bound to
interpret national law in conformity with New
Zealand’s binding international obligations.
However, without a significant change in
New Zealand law and practice, it is unlikely
the courts will be able to provide effective,
accessible accountability in relation to the
right to a decent home grounded on Te
Tiriti o Waitangi, which underscores how
important it is to put in place other forms
of accountability for this critically important
human right.
In this report, our focus is not judicial
accountability. Rather, we favour an
administrative justice approach to the right to a
decent home, informed by the letter and spirit of
the Universal Declaration of Human Rights and Te
Tiriti o Waitangi.20
iv
14
See the subsection below Tenancy Services and Tenancy Tribunal.
Human Rights Commission
Human Rights Commission
The Human Rights Commission provides free
mediation and dispute resolution for complaints
of discrimination. Individuals can complain
to the Commission if they consider they have
experienced unlawful discrimination, including
in housing. Some cases may be referred to the
Office of Human Rights Proceedings (OHRP),
which is an independent part of the Human
Rights Commission. OHRP can provide free
legal representation for complaints of unlawful
discrimination and take cases to the Human
Rights Review Tribunal. In 2019, for example,
the Tribunal heard a case about discrimination
against a potential tenant because she was blind
and reliant on a guide dog. The Tribunal agreed
she had suffered unlawful discrimination.21
These free mediation and legal services uphold
one element of the right to a decent home:
the right not to be discriminated against in the
provision of housing. The Commission is not
legally empowered to provide the same services
for the numerous other features of the right to
a decent home, such as insecurity of tenure and
sub-standard housing conditions.
Tenancy Services and Tenancy Tribunal
Tenancy Services has powers to monitor and
enforce compliance under the Residential
Tenancies Act 1986. Its Compliance and
Investigation Team investigates alleged breaches
and carries out proactive visits. The Team’s
compliance tools include formal warnings,
enforceable undertakings, and improvement
and infringement notices. It may also bring
proceedings in the Tenancy Tribunal.