whenua, the uniquely indigenous people
of Aotearoa, is recognised and flourishes;
enduring discrimination on race, ethnicity,
religion, disability, gender, sexual orientation
and other prohibited grounds; the need for a
dynamic inclusive multiculturalism grounded
on Te Tiriti and underpinned by respect
(manaakitanga) and human rights for all. This
unique context is outlined in the following
paragraphs.
Guideline 4: The international right to a decent
home must be located and applied within the
unique historical, demographic, economic,
social, cultural, environmental and legal
context of Aotearoa.
Rights and responsibilities
20. When discussing human rights, the focus
is usually on the rights (or ‘entitlements’)
of individuals and the obligations (or
‘responsibilities’ or ‘duties’) of government.
Although this understanding of human rights is
very important, it is not the complete picture.
21. Human rights and Te Tiriti not only place
obligations on central and local government,
they also place responsibilities or duties on
others. For example, the Universal Declaration of
Human Rights sets out a catalogue of rights and
it adds, “everyone has duties to the community
in which alone the free and full development
of their personality is possible” (article 29(1)).
For its part, Te Tiriti bestows “rights and duties
of citizenship” (article 3). So, both the Universal
Declaration of Human Rights and Te Tiriti place
responsibilities on individuals.12
22. This understanding has important implications
for the right to a decent home. It means this
human right, grounded on Te Tiriti, places
responsibilities on government, the private
sector and individuals. For example, the
private sector has a responsibility to support
Māori housing aspirations and needs, such
as intergenerational living and care for
Papatūānuku (the earth). Also, private landlords
and tenants have a responsibility not to
discriminate on prohibited grounds, such as
disability, ethnicity, religion, age, gender or
sexual orientation.
23. The following sections of the Guidelines outline
(a) the rights of individuals, communities,
hapū and iwi (rights-holders) and (b) the
responsibilities of government, private sector,
landlords, property managers, serviceproviders and tenants (duty-bearers).
Guideline 5: Te Tiriti and the right to a decent
home not only place obligations on central
and local government, they also place
responsibilities on others, including the private
sector, landlords, property managers, serviceproviders and tenants.
Section 1: Introduction
15