the current transitional housing accreditation requirements, and social service provider practices, lead to an outcome where transitional housing providers are more likely overall than commercial accommodation suppliers receiving emergency housing grant funding, to meet their human rights requirements. The failure to meet this immediate obligation is exacerbated by inadequate government management and oversight over emergency accommodation and commercial suppliers, and the lack of complaint mechanisms or enforcement options for upholding the standards that exist in transitional housing. MSD does not have any adequate accountability mechanisms to ensure that emergency accommodation funded by the emergency housing grant meets these immediate human rights requirements. This is a serious failure in the Government’s emergency housing response. Immediate obligation 2: Do not evict anyone into homelessness The right to a decent home includes an obligation not to evict anyone into homelessness. This obligation is imperative in the context of the emergency housing system. We are concerned that commercial accommodation suppliers paid through the emergency housing grant initiative are permitted to operate inconsistently with this obligation. These suppliers are entitled to evict an emergency accommodation resident if they consider they have broken rules of stay or are no longer welcome, even if this will result in a person becoming homeless. Many people in the emergency housing system, both in emergency accommodation and transitional housing, have complex social issues that require active understanding and support to resolve. We have observed that commercial accommodation suppliers are significantly less well equipped to deal with these issues, and this bears upon eviction processes. We also note that some transitional housing providers, as well as commercial providers of emergency accommodation, have rules of stay that allow them to evict a resident without being required to find alternative accommodation. Our finding on immediate obligation 2 We find this obligation is not being met and as a result Government is in breach of the right to a decent home grounded on Te Tiriti o Waitangi. Some commercial accommodation suppliers delivering emergency accommodation, and some transitional housing providers, have eviction processes that allow them to evict into homelessness. Even when government is providing emergency housing via commercial or private providers, its human rights obligation not to evict anyone into homelessness still applies. The fact that providers delivering emergency housing can evict someone without requiring them to make alternative arrangements, means government is failing to meet this immediate obligation. Overall finding on these first two immediate human rights obligations The emergency housing system is failing to deliver government’s immediate human rights obligations to provide emergency housing that meets minimum decency standards and other key features of the right to a decent home, and not to evict anyone into homelessness. This failure results in a breach of the right to a decent home grounded on Te Tiriti o Waitangi. 49