How can we make sure our rights are protected?
The right to a decent home is a binding obligation
in international law. However, in Aotearoa, it has
not been explicitly incorporated into domestic
human rights law, specifically the New Zealand Bill
of Rights Act 1990. As a result, individuals cannot
directly seek enforcement of this right through the
court system in Aotearoa.
There are some aspects of the right to a decent
home that are reflected in our laws. For example,
regulations like the Healthy Homes Standards help
to protect habitability of our rental housing, and it
is unlawful to discriminate against someone when
you are providing housing or accommodation.
Tenancy Services and the Tenancy Tribunal
can handle complaints about Healthy Homes
compliance and other aspects of the right to a
decent home that are covered by our Residential
Tenancies Act. The Human Rights Commission
provides free mediation and dispute resolution
for complaints of discrimination, including in
housing. Some cases may be referred to the
Office of Human Rights Proceedings, which is an
independent part of the Commission that can take
cases to the Human Rights Review Tribunal.
These free mediation and legal services uphold the
right to not be discriminated against in housing
(one element of the right to a decent home), but
the Commission is not legally able to provide
the same services for other elements such as
affordability or substandard housing conditions.
While the direct enforceability of the right to a
decent home may be limited within the current
legal framework, it is important for individuals to
be aware of their rights and the available channels
to address housing-related issues. Engaging with
organisations like the Commission can give you
access to guidance and support in navigating
instances of discrimination and seeking resolution
through mediation or legal processes.
Efforts are under way to further advance the
recognition and enforceability of the right to
a decent home within domestic legislation.
Ongoing advocacy for its explicit inclusion in
laws and policies is crucial. (See our concluding
recommendations for an overview of how this
should be implemented at a system level.)
The right to a decent home includes a right to
meaningful participation
Inclusive participation is an essential feature of
the right to a decent home. Everyone has the
right to participate in decisions that affect their
right to adequate housing, and participating in
housing decision making – for example, in a policy
development process – helps to ensure that the
process is inclusive and accessible.
The point of human rights-based participation
is to empower individuals and communities to
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Human Rights Commission
actively influence the decisions, policies, rules, and
conditions that directly affect their lives. When we
don’t include everyone, we miss opportunities to
improve our housing system. By centring human
rights and embracing a comprehensive approach
to participation, we seize opportunities to enhance
our housing system and uphold the fundamental
right to a decent home for all.45