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.

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