The Tenancy Tribunal is established by the
same Act and may determine disputes between
landlords and tenants that fall within the scope of
the legislation. Recent law reforms have extended
the Tribunal’s jurisdiction to include new Healthy
Homes standards in rental properties, including
heating, insulation, and ventilation. The Tribunal
has a range of powers, including imposing fines
and awarding damages.
However, the Tenancy Services and Tribunal rarely
refer to human rights or apply a human rights
lens, which is a missed opportunity for advancing
housing rights. A notable exception is a recent
Tribunal decision:
Homes which do not comply with the Healthy
Homes standards arguably abrogate their
occupants’ constitutional right to life, enshrined
in s 8 [New Zealand Bill of Rights Act] 1990 and
… Art 6 United Nations International Covenant
on Civil and Political Rights.22
There are other concerns. Data shows that about
80% of the cases taken to the Tribunal are brought
by landlords, most often in relation to rent arrears
and termination of tenancy. In her recent report
on New Zealand, the UN Special Rapporteur
on the right to adequate housing expressed
misgivings: “access to justice through the Tenancy
Tribunal remains unbalanced and continues
to disadvantage tenants.”23 She wrote that her
“principal concern is the limited capacity for public
inspections to ensure that the healthy homes
standards are adhered to.”24
In summary, Tenancy Services and Tribunal are
unusual because together they provide all three
elements of accountability: monitoring, review, and
remedial action. Unquestionably, Tenancy Services
and Tribunal have significant shortcomings.
Nonetheless, they have the potential to become a
significant formal accountability mechanism for
the right to a decent home grounded on Te Tiriti o
Waitangi.
Parliament
Parliament, and its committees, is Aotearoa’s apex
accountability body. Does it provide effective and
accessible accountability in relation to the right to a
decent home grounded on Te Tiriti o Waitangi?
Some Ministers and MPs across the House have
referred to the right to housing (or equivalent
phrases) in Parliament, with a few consistently
asserting that housing is a basic human right.
There is no Parliamentary mechanism that
requires the right to housing to be considered
systematically in the same way as, for example, the
Attorney-General’s New Zealand Bill of Rights Act
reports. The Bill of Rights Act requires the AttorneyGeneral to consider if proposed legislation is
consistent with the Bill of Rights Act and provide
a report back to Parliament to highlight any
inconsistencies.
In rare cases these reports have identified
inconsistencies in housing legislation relating to
discrimination, which is one key feature of the
right to a decent home. This alone is not effective
accountability in relation to the other features of
this human right.
The Parliamentary Social Services and Community
Committee
This committee has annual oversight of the social
housing sector. In relation to 2019/20, the committee
directed over 300 written questions to the Ministry of
Housing and Urban Development (HUD) and Kāinga
Ora, and held two in-person hearings with officials on
17th and 23rd February 2021.
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