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
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