E. Participation
66. All individuals and communities are entitled
to active and informed participation on issues
relating to their housing, including policy
making and accountability. Te Tiriti requires
government to work in partnership, and share
decision-making, with its Tiriti partners. The
United Nations Declaration on the Rights of
Indigenous Peoples highlights the right to
free, prior and informed consent in relation
to initiatives, including housing-related
initiatives, that affect indigenous peoples.
The Convention on the Rights of Persons
with Disabilities includes an obligation to
actively involve disabled people in all issues,
including housing, that affect them. Under
the Convention on the Rights of the Child,
all children may participate in decisions that
affect them, in accordance with their age
and maturity. These and other national and
international human rights commitments
affirm the democratic principle of ‘nothing
about us, without us’.
Guideline 14: In accordance with international
human rights treaties and declarations,
ensure all individuals and communities have
the opportunity for active and informed
participation on housing issues that affect
them. Additionally, Te Tiriti requires
government to work in partnership, and share
decision-making, with its Tiriti partners.
F. A human rights-based housing strategy grounded on Te Tiriti
67. Realisation of the right to a decent home
grounded on Te Tiriti does not happen
spontaneously, it requires an overarching
housing strategy.
68. A housing strategy operates at a higher level
than a housing policy or programme. It has
a vision of change over time and engages
numerous bodies, including central and local
government. It coordinates a wide range
of government departments, laws, policies,
programmes and initiatives that, when taken
together, create a housing system.
69. Numerous human rights contribute
constructively to a housing strategy, including
the rights to privacy, health protection, water
and sanitation, participation, and cultural
life. However, a human rights-based housing
strategy grounded on Te Tiriti must have the
right to a decent home at its centre.
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Human Rights Commission
70. At the end of her visit to Aotearoa in 2019,
the United Nations Special Rapporteur on
the right to adequate housing affirmed
the following recommendation which was
made by a United Nations committee of
independent human rights experts in 2018:
“The Committee recommends that [New
Zealand] adopt a human rights-based national
housing strategy”.25 In 2018, the Special
Rapporteur published a report which sets out
Key Principles of a Rights-based Housing Strategy
(see Appendix 3).
Guideline 15: Central and local government
must have an overarching housing strategy.
The housing strategy must be based on
human rights and Te Tiriti. The Te Tiriti and
human rights-based housing strategy must
have the right to a decent home at its centre.