38 Framework Guidelines, Section 3: Key features of the right to a decent home grounded on Te Tiriti o Waitangi. 39 At paragraphs 32 and 33. 40 United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295), adopted by the General Assembly in September 2007 and signed by Aotearoa New Zealand in 2010. See https://www.tpk.govt.nz/en/a-matou-whakaarotau/te-ao-maori/undeclaration-on-the-rights-of-indigenous-peoples. 41 United Nations Declaration on the Rights of Indigenous Peoples https://www.un.org/development/desa/indigenouspeoples/ declaration-on-the-rights-of-indigenous-peoples.html. For example, see Articles 3 and 21. 42 Housing Inquiry First Report: Strengthening Accountability and Participation in the Housing System, December 2021. https://www.hrc. co.nz/files/2716/3944/7313/Housing_Inquiry_Strengthening_Accountability_and_Participation_FINAL-compressed.pdf. 43 For example, see the Productivity Commission’s report More Effective Social Services, August 2015, https://www.productivity.govt. nz/assets/Documents/8981330814/social-services-final-report.pdf, at page 109: “The Crown cannot devolve some responsibilities. These include international commitments on human rights, where New Zealand is party to an international agreement or treaty… Under the Treaty of Waitangi the Crown has duties and obligations that derive from Articles Two and Three. These include active protection of Māori interests and the protection of tino rangatiratanga.” 44 Framework Guidelines, Section 5: Private sector. 45 Report: Emergency and Transitional Housing, at paragraph 3. 46 Maintaining and Increasing Public, Transitional, and COVID-19 housing supply. 47 Te Tūāpapa Kura Kāinga Ministry of Housing and Urban Development draft Code of Practice for Transitional Housing, Outcome 3: Healthy and Safe Housing. 48 We acknowledge that the use of motels for transitional housing has declined over time, from 924 places (29% of transitional housing places) in June 2020, to 899 places (16% of transitional housing places) in June 2022. However, the decrease in percentage terms is much more significant than the decrease in actual numbers, because of the increase in other transitional housing supply. 49 Te Kāhui Kāhu New Zealand Government Social Sector Accreditation Standards Level 3, August 2021. https://xn--tekhuikhu-7bbe.govt. nz/documents/what-is-accreditation/accreditation-standards/level-3-social-sector-accreditation-standards.pdf. 50 We note that the accreditation standards do refer to children’s rights as contained in the United Nations Convention on the Rights of the Child (UNCROC), in the context of any organisations choosing to develop a charter outlining children/young persons’ rights. 51 Providers are also subject to other laws, such as the Consumer Guarantees Act and Building Act, but again these do not provide adequate accountability in relation to breaches of the right to a decent home. 52 Maintaining and Increasing Public, Transitional, and COVID-19 housing supply, at page 5. 53 At page 14. 54 RNZ Checkpoint, “No deadline for phasing out motel emergency accommodation”, rnz.co.nz, November 8, 2022. https://www.rnz. co.nz/national/programmes/checkpoint/audio/2018866014/no-deadline-for-phasing-out-motel-emergency-accommodation 55 Human Rights Council 47th session, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context, Leilani Farha, on her visit to New Zealand, Comments by the State, July 2021. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/149/67/PDF/G2114967.pdf?OpenElement at paragraph 8(e). See also for example Minister for Social Development Hon Carmel Sepuloni’s comments in the article above: “The alternative was that people would have nowhere to stay, and so it is not the ideal, we prefer this didn’t have to be the option, but … we’re still in the situation where we’re building [new] houses,” and Minister for Housing Hon Megan Woods’ comments in a September 2022 interview with 1News: “It is working as best it can… by the measure that they’re an incredibly vulnerable group of people who otherwise were sleeping in cars and in the doorways of shops… I think everybody accepts that [it’s better than the alternative.]” 1News, “Emergency housing ‘working as best it can’ – Megan Woods”, September 11, 2022, https://www.1news.co.nz/2022/09/11/ emergency-housing-working-as-best-it-can-megan-woods/. 56 Te Tūāpapa Kura Kāinga Ministry of Housing and Urban Development Budget 2022 Initiative Summary – Supporting the reset and redesign of the emergency housing system https://www.hud.govt.nz/assets/Uploads/Documents/Emergency-Housing-ReviewRedacted.pdf, at page 2. 57 United Nations Declaration on the Rights of Indigenous Peoples, Article 23. 58 Supporting the reset and redesign of the emergency housing system, at page 8. 59 Te Kāhui Tika Tangata Human Rights Commission, Dr Diane Menzies and Jacqueline Paul, Discussion paper: Understanding Accountability for Māori, forthcoming December 2022. 60 While the Residential Tenancies Act does not directly regulate the standard of rental properties, it requires landlords to comply with the Building Act 2004 and the Building Code, the Health Act 1956, Housing Improvement Regulations 1947, and any local government bylaws set by individual councils. Among other minimum requirements, properties must have: • A room that can be used as a kitchen, with a sink and tap connected to useable water and adequate facilities for preparing and cooking food (such as a working oven and stovetop elements) • Provision for washing clothes, if the house is intended for 2 people or more 69