and other commercial accommodation suppliers
can access government funding so long as they
are willing to offer emergency accommodation,
without quality checks.71 As already noted, the
Code of Practice as currently drafted will not apply
to any emergency accommodation.
In 2021 the Auditor-General released a report with
his findings from an Inquiry into MSD’s funding
of private rental properties via the emergency
housing grant.72 This report includes significant
findings about the Ministry’s oversight of the
accommodation it funds with the emergency
housing grant, and the lack of mechanisms to
ensure accommodation is fit for purpose:
The Ministry does not consider that it was
responsible for assessing the quality of the
housing it provided or that it has the regulatory
mandate or capacity to do this. The only
mechanism that the Ministry said it had for
ensuring that accommodation was suitable was
by responding to complaints from people living
there. [emphasis added]
The Ministry received numerous complaints about
the quality of some of the houses that it placed
people in. We were also told about dwellings
with building debris; that did not have cooking
facilities, furnishings, or bedding; and that did
not have appropriate consents from Auckland
Council.
These could have been isolated incidents, but
it is not possible to know their extent because
the Ministry did not record and retain the
addresses of the homes it housed people in, set
standards for the properties it used, or have a
process to check whether those properties met its
expectations. The Ministry also did not have an
accurate record of the complaints it received.
In our view, although there was evidence
that service delivery staff responded to some
individual complaints, the Ministry should have
had mechanisms to ensure that it was clear
what quality of housing should be supplied for
the price it was paying. It should also have had
controls to ensure that quality housing was
being delivered. [emphasis added]
While the Auditor-General’s report only considered
MSD’s (since ended) practice of funding private
rental properties, the underlying issues in terms of
inadequate oversight are essentially the same.
MSD continues to take the position that it is not
responsible for emergency accommodation
delivered by commercial accommodation
suppliers. It asserts that the accommodation
arrangements are between the individual resident
and the individual motelier, and MSD’s role is
simply to provide funding via the emergency
housing grant.
In November 2022, the Minister for Social
Development was asked whether the Ministry was
living up to its obligation to ensure it provides safe
accommodation services. The Minister’s response
confirms that MSD’s policy and practice remains
reactive rather than proactive, relying primarily on
individual complaints from clients.
Where we receive complaints around safety, then
MSD moves quickly to move families to where they
are safe. But we can’t respond when people don’t
tell us what’s going on.73
If MSD does not require motels to undergo
accreditation, or quality control processes before
receiving emergency housing grant funding to
deliver accommodation, it cannot ensure the
accommodation is adequate to meet basic human
rights requirements.
The Auditor-General’s findings and
recommendations on oversight and review
mechanisms were clear. Nevertheless, MSD
has failed to implement adequate standards
or processes for assessing safety and quality in
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