Since giving effect to te Tiriti o Waitangi
requires recognising, supporting, and
respecting tino rangatiratanga, this has
implications for how to apply constructive
accountability and ensure participation in
our housing system. We need to consider
accountability both in the kāwanatanga sphere
(where the Crown makes decisions) and in
the tino rangatiratanga sphere (where Māori
make decisions for Māori). We will also need to
explore the idea of mutual responsibility and
accountability between these two spheres. The
Inquiry’s discussion paper has sought to initiate
this exploration.
Design options could include a Housing
Ombudsman or Commissioner with oversight
of the kāwanatanga sphere and a Māori
Housing Authority or independent kāhui for
Māori housing. These issues, including the
option for a Māori Housing Authority, may
be considered by the Waitangi Tribunal in
Stage Two of the Wai 2750 hearings. Achieving
the right approach for our unique context
in Aotearoa will require open discussion,
research, and design in partnership with
Tangata Whenua and the housing sector.
Alongside these accountability improvements,
we highlight the necessity of supporting
inclusive public and community participation
on housing. We recommend that the
Government establish independent advisory
and advocacy mechanisms that have the
responsibility for providing expert advice,
commissioning research, and supporting
public and community participation on housing
issues, including policy and accountability
processes.
36
Human Rights Commission
Recommendation 6: Implement effective
accountability measures that adequately
protect and enforce the right to a decent home
for everyone, including renters and residents in
emergency and transitional housing
We reiterate our call for Government
to commit to reversing the exclusion of
emergency accommodation and transitional
housing from the Residential Tenancies
Act 1986. Government must also do more
to ensure landlords comply with their
responsibilities under the Residential
Tenancies Act, including the Healthy Homes
Standards and related regulations. This could
include, for example, the establishment of a
compulsory rental housing warrant of fitness,
which would require landlords to meet specific
health and safety standards for their rental
properties.
These recommendations are complementary and
mutually reinforcing. Together, they will contribute
to a human rights-based approach to our housing
system.
The right to a decent home does not offer a magic
solution to the housing crisis. There is no magic
solution, but human rights can help. They serve as
tools — so let us utilise them to benefit everyone
in Aotearoa.