Guideline 18: National and local government have obligations arising from the right to a decent home grounded on Te Tiriti. These are obligations to respect, protect and fulfil the right to a decent home grounded on Te Tiriti. The obligation to respect places a responsibility on the government to refrain from interfering directly or indirectly with the enjoyment of the right to a decent home grounded on Te Tiriti. The obligation to protect means that the government must prevent third parties, such as private landlords, from interfering with the enjoyment of the right to a decent home grounded on Te Tiriti. The obligation to fulfil requires the government to adopt all appropriate measures, including legislative, administrative and budgetary, to ensure the full realisation of the right to a decent home grounded on Te Tiriti. Breaches of these obligations may give rise to violations of the right to a decent home grounded on Tiriti. Section 5: Private sector 90. This section very briefly outlines the role of the private sector in relation to the right to a decent home grounded on Te Tiriti. 91. The private sector plays a very significant role in New Zealand’s housing system. Investors, businesses and individuals develop, build, sell and rent housing. Financial institutions provide access to credit. Private households purchase, build or improve their own housing and may rent it to others. The private sector has the power to affect, both positively and negatively, enjoyment of the right to a decent home grounded on Te Tiriti. 92. The government has a responsibility to prevent the private sector from interfering with the enjoyment of the right to a decent home (see section 4). But, additionally, the private sector itself has human rights and Te Tiriti responsibilities. 93. According to the United Nations Guiding Principles on Business and Human Rights, which the government has affirmed: Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved … The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights.13 28

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