6. The Way Forward
In this report, we examine two features of the
Framework Guidelines on the Right to a Decent Home
in Aotearoa: constructive accountability and public
participation. Our focus is the kāwanatanga sphere.
We look at instructive examples, past and present,
from Aotearoa. We also look at some overseas
practices, without holding them up as models to
follow.
We listened to community representatives, policy
makers, and national and international experts.
In our view, the current arrangements for
constructive accountability and public participation
in the housing system fall short of New Zealand’s
legally binding international commitments.
In these circumstances, we outline three main
recommendations. They are not set out in detail.
Each recommendation requires consultation and
discussion, including on the range of options for
realisation and implementation.
The recommendations reinforce the direction of
travel set out in GPS-HUD and MAIHI Ka Ora, and
will assist the effective implementation of these
important documents.
Moreover, they are mandated by the right to a
decent home grounded on Te Tiriti o Waitangi.
Recommendations
1. An Act of Parliament which sets out key
principles and Tiriti obligations to guide all
housing initiatives.
The Kāinga Ora – Homes and Communities
Act 2019 mandates the Government
Policy Statement and requires it to set the
Government’s overall direction and priorities
for housing and urban development in ways
that honour Tiriti o Waitangi and address
injustice and inequities for iwi, hapū and
whānau.
Embedding in law some key principles and
Tiriti obligations to guide all housing initiatives,
including GPS-HUD, would help to ensure the
country’s essential values are front and centre.
The principles would also encourage continuity
and sustainability in the housing system as it
develops in the future.
2. An independent constructive accountability
mechanism for the housing system.
It is very important that an independent,
constructive te Tiriti-based accountability
mechanism is urgently established. This is
critical for the legitimacy of those holding
power in Aotearoa’s housing system.
The mechanism should address systemic
housing issues, not personal complaints.
There are different ways of realising this
recommendation, for example, a Housing
Ombudsman (Officer of Parliament) or a
Housing Rights Commissioner within the
Human Rights Commission (independent
Crown Entity).
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Human Rights Commission