The right to a decent home in Aotearoa is shaped by
our unique history, context, and values
When considering and applying the right to
a decent home within our national context,
it is crucial to take into account our history,
demography, economy, society, culture,
environment, and laws.
In Aotearoa, this context includes our history
of colonisation and the foundational status of
te Tiriti o Waitangi. That means the right to a
decent home in Aotearoa sits alongside and is
informed by te Tiriti o Waitangi. Achieving the
right to a decent home means we need to honour
te Tiriti o Waitangi and the promises it made. We
must acknowledge and address the systematic
dispossession of Māori from their land and the
ongoing impacts of colonisation. We must also
recognise the ways in which the right to a decent
home is reflected within the context of te Tiriti o
Waitangi, both for Tangata Whenua and Tangata
Tiriti (non-Māori Treaty partners).
The right to a decent home is also shaped by our
values. In Aotearoa, our values encompass te ao
Māori (the Māori worldview) and the worldviews of
other communities. They include whanaungatanga
(kinship), kaitiakitanga (stewardship),
manaakitanga (respect), dignity, decency, fairness,
equality, freedom, wellbeing, safety, autonomy,
participation, partnership, community, and
responsibility. All these values are embodied in
the human right to a decent home alongside and
informed by te Tiriti o Waitangi.
The right to a decent home includes both freedoms and
entitlements
Some human rights can be framed as ‘freedoms
from’ – things that we can demand protection from.
Other rights are ‘entitlements to’ – things that we
can demand access to. The right to a decent home
includes both freedoms and entitlements.
of being forcibly removed from their homes
without due process.
It includes entitlement to these things:
•
Effective measures that address
discrimination and unfair disadvantage,
including the continuing impacts of
colonisation on Tangata Whenua. Housing is
not currently equally accessible for everyone.
Some individuals and communities are more
vulnerable, marginalised, or otherwise affected
by discrimination and inequality, and that
means the government must take special steps
to reduce and eliminate the gaps.
•
Active and informed participation on issues
relating to housing, including policy making and
accountability. Te Tiriti o Waitangi additionally
requires government to work in partnership and
share decision making with its Tiriti partners.
•
Temporary emergency housing for people
experiencing homelessness.
It includes freedom from these things:
•
•
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Discrimination – the right to a decent home
requires that access to suitable housing is
available to everyone without any form of
discrimination based on prohibited grounds
such as disability, ethnicity, religion, age,
gender, or sexual orientation. Discrimination
must not hinder people from securing a decent
home that meets their needs and aspirations.
Unlawful eviction – people should be
protected from arbitrary or unjust eviction
practices that disrupt their housing stability
and result in homelessness. The right to a
decent home ensures that people can enjoy
secure and stable housing without the fear
Human Rights Commission