G. Constructive accountability 71. Effective and accessible accountability is a crucial feature of human rights, including the right to a decent home. Without accountability, the right to a decent home can become an empty promise. Accountability need not be about blame and punishment, it can be about identifying what works, so it can be repeated, and what does not work, so it can be adjusted. This is sometimes called ‘constructive accountability’. 72. Accountability is often conflated with monitoring, but monitoring (e.g. the collection of information and data) is only one step towards accountability. Accountability can be understood as having three elements: monitoring, review (including independent review) in relation to human rights and other standards, and redress (or ‘remedial action’). 73. The review element can be carried out by a political body, such as parliament or a local council, and by one or more independent bodies, such as an integrity agency (see next paragraph). A political body’s review is fortified by an independent body’s review. 74. Accountability comes in many forms e.g. national and local elections, parliament and local councils, courts and tribunals, civil society organisations and the media. Besides courts and tribunals, the following bodies provide forms of independent accountability: Waitangi Tribunal, Human Rights Commission, Ombudsman, Office of the Children’s Commissioner, Privacy Commissioner, Office of the Auditor General, Health and Disability Commissioner, the Independent Police Conduct Authority, and similar independent bodies established by Acts of Parliament. These bodies are sometimes known as ‘integrity agencies’. 75. All housing initiatives must be subject to effective, accessible and constructive accountability in relation to the right to a decent home grounded on Te Tiriti. This does not require an amendment to the New Zealand Bill of Rights Act. The right to a decent home could be inserted into existing housing legislation, such as the Kāinga Ora—Homes and Communities Act 2019.26 Existing bodies could be given the capability and capacity to hold accountable those with responsibilities to implement the right to a decent home grounded on Te Tiriti. Whether or not the Tenancy Tribunal could become an effective accountability mechanism in relation to the right to a decent home grounded on Te Tiriti is a matter for inquiry. 76. If they wish, relevant integrity agencies could revisit and refresh their role in relation to Te Tiriti and one or more aspects of the right to a decent home e.g. non-discrimination, children, privacy or fairness. 77. Because constructive accountability has to be accessible to all parties in relation to the right to a decent home grounded on Te Tiriti, advice and support in relation to accountability should be available to rights-holders who are in need. This is an access to justice issue. Guideline 16: All housing initiatives must be subject to constructive accountability i.e. initiatives must be assessed against the human right to a decent home grounded on Te Tiriti. Constructive accountability must be both effective and accessible to those in need. Section 3: Key features of the right to a decent home grounded on Te Tiriti o Waitangi 29