motels providing emergency accommodation to create and reinforce assumptions that all motel accommodation is the same, regardless of whether it is contracted transitional housing, contracted emergency housing, or emergency accommodation. We note for example the significant public opposition to HUD’s applications for resource consent to continue 13 contracted motels in Rotorua.86 We are concerned that this reputational damage may impact HUD’s ability to effectively deliver alternative forms of emergency housing which – although by no means perfect – are nevertheless already demonstrating better outcomes than emergency accommodation.87 We highlight for example a HUD official’s evidence supporting the resource consent application: The evaluation [of contracted emergency housing] is still underway, and final findings and recommendations are still to be determined … However, findings do support the proposition that contracted emergency housing may provide better outcomes for whānau and children compared to the alternative of receiving an [emergency grant] or being in some other insecure housing situation.88 Across Aotearoa New Zealand we have observed members of the public, businesses, local government officials, and others raising concerns about the emergency housing system. Our finding on immediate obligation 4 We find that the obligation is not being met on multiple levels and as a result Government is in breach of the right to a decent home grounded on Te Tiriti o Waitangi. 58 Human Rights Commission Government’s decision in 2020 to exclude emergency accommodation and transitional housing from the Residential Tenancies Act is a serious and ongoing breach of its obligation to provide accountability for the right to a decent home. The decision was a step backward that regressed the housing rights of many individuals and families. The lack of adequate accountability has now continued for more than two years. While the draft Code of Practice for Transitional Housing may go some way towards addressing this situation, it is overdue and insufficient. Unless the draft Code is significantly amended, emergency accommodation residents will continue to have no protection under any regulatory framework. Government has failed to put in place accountability arrangements for the right to a decent home, grounded on Te Tiriti o Waitangi, in relation to the emergency housing system. The lack of accountability over the emergency housing system, in particular the emergency housing grant initiative, is a serious breach of government’s obligation in relation to the right to a decent home.