Aratohu tika tangata ki te whai whare rawaka i Aotearoa Framework Guidelines on the right to a decent home in Aotearoa - Te Kāhui Tika Tangata ...
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Aratohu tika tangata ki te whai whare rawaka i Aotearoa Framework Guidelines on the right to a decent home in Aotearoa August 2021 Te Kāhui Tika Tangata Human Rights Commission
Aratohu tika tangata ki te
whai whare rawaka i Aotearoa
Framework Guidelines on the right
to a decent home in Aotearoa
The New Zealand Human Rights Commission (the Commission) is established and operates
under the Crown Entities Act 2004 and the Human Rights Act 1993. Independent of government,
the Commission is accredited as an ‘A status’ national human rights institution under the Paris
Principles. Information about the Commission’s activities can be found on our website:
www.hrc.co.nz
2 Human Rights Commission
Status of the Framework Guidelines
The Human Rights Act (1993), which establishes the Human Rights Commission, is designed:
“to provide better protection of human rights in New Zealand in general accordance with
United Nations Covenants or Conventions on Human Rights”.1
The Act sets out the Commission’s primary functions, the first of which is:
“to advocate and promote respect for, and an understanding and appreciation of, human
rights in New Zealand society”. (section 5(1)(a))
Additionally, the Act gives the Commission numerous specific functions, including:
“to prepare and publish, as the Commission considers appropriate, guidelines and voluntary
codes of practice for the avoidance of acts or practices that may be inconsistent with, or
contrary to, this Act”. (section 5(2)(e))
In accordance with its statutory functions, the Board of the Human Rights Commission adopted
these Framework Guidelines on the Human Right to a Decent Home in Aotearoa in April 2021.
The Commission’s management will review the Guidelines every 12 months and, if necessary,
recommend revisions to the Board. The Board will review and, if necessary, revise, the Guidelines
every three years.
These Guidelines are designed to advance the Human Rights
Commission guiding purpose,
Te Whakamana Tāngata: A Life of Dignity for All.
(Strategic Direction, 2020-2024)
Human Rights Commission 1
Methods
The Commission worked closely with Pou Tangata and Pou Tikanga from the National Iwi Chairs
Forum (NICF), Community Housing Aotearoa and many others in the preparation of the Guidelines.
Prior to the drafting of the Guidelines, preliminary consultations were held with a wide range of
stakeholders from June 2020 to the end of August 2020. During this period, the Commission and
Community Housing Aotearoa convened a number of hui to seek feedback on a discussion paper.
Meetings were conducted predominately via Zoom as a result of the COVID-19 pandemic with
participation by people from around Aotearoa New Zealand.
The Guidelines were released as a draft consultation document on 12 November 2020 and a consultation
period ran until 21 December 2020. The Commission welcomed submissions by email and in person.
The Commission received numerous responses with feedback, including from local and central
government, advocacy organisations, and individuals. During January 2021 the Commission met with a
range of stakeholders who wished to discuss the Guidelines and their feedback in more detail.
The feedback the Commission received throughout this process was invaluable in re-drafting and
refining the Guidelines. Following the consultation period, the Commission produced a second draft of
the Guidelines which were again provided to NICF for their review and comment.
For more detail on methodology, please refer to Appendix 1.
2 Human Rights Commission
Contents
Executive Summary 4
Section 1: Introduction 11
More than a house: a decent home 13
International human rights law 13
The unique context of Aotearoa 14
Rights and responsibilities 15
Central and local government: a shared responsibility 16
How can the Guidelines help? 16
Limitations and annual reviews 17
Section 2: Colonisation and Te Tiriti o Waitangi 19
Te Tiriti o Waitangi 21
United Nations Declaration on the Rights of Indigenous Peoples 22
Conclusion 22
Section 3: Key features of the right to a decent home grounded on Te Tiriti o Waitangi 23
A. Values 24
B. The UN ‘decency’ housing principles 25
C. Freedoms and entitlements 27
D. Equity, equality and non-discrimination 27
E. Participation 28
F. A human rights-based housing strategy grounded on Te Tiriti 28
G. Constructive accountability 29
H. International assistance and cooperation 30
Section 4: Obligations and Violations 31
Progressive realisation 32
Indicators and benchmarks 33
Core obligations of immediate effect 33
Resources, priorities and trade-offs 34
Obligations to respect, protect and fulfil human rights 35
Section 5: Private sector 37
Section 6: Conclusion 39
Appendix 1: Consultations and methods 41
Appendix 2: Key international standards on the right to a decent home 43
Appendix 3: Resources on housing in Aotearoa New Zealand and the right to a decent home 44
Appendix 4: Resources on colonisation, Te Tiriti o Waitangi and UN Declaration on the
Rights of Indigenous Peoples 47
Endnotes 48
3
FRAMEWORK GUIDELINES ON THE RIGHT TO A DECENT HOME IN AOTEAROA
Executive Summary
The Framework Guidelines on the Right to a Decent International human rights law
Home in Aotearoa (Guidelines) aim to: For many years, successive governments in
• introduce the international right to adequate Aotearoa New Zealand have committed to
housing implement the right to a decent home, as set out
• signal the different ways this human right in the International Bill of Rights, Convention on
can contribute to a fair and dynamic housing the Rights of the Child, Convention on the Rights
system in Aotearoa New Zealand. of Persons with Disabilities, and United Nations
Declaration on the Rights of Indigenous Peoples.
They are designed to raise the profile of the right
to adequate housing. Most of these commitments are binding on central
and local government in international law, yet the
The Guidelines are relevant to central and local right to a decent home is almost unknown and
government, communities, iwi, hapū, the private invisible in Aotearoa.
sector, civil society organisations and individuals.
They provide an introductory framework and International law is silent on the socio-economic
suggest how they can be developed and applied. system (e.g. private, public or mixed) required to
implement the right to a decent home, except for
The Guidelines raise some technical issues, but they three conditions. The socio-economic system – or
aim to be as accessible as possible. They are not road – chosen:
primarily written for lawyers and experts. • must be consistent with human rights and
democratic principles
A decent home • must reach the destination i.e. it must enhance
International law usually refers to the right to enjoyment of the right to a decent home,
‘adequate housing’. The extensive literature on this including for the most disadvantaged
human right is clear: the right to adequate housing • in Aotearoa, the road chosen – and destination
is more than a physical structure, it is about having – must be consistent with Te Tiriti o Waitangi.
a decent home.
The unique context of Aotearoa
Te Ao Māori, and the worldview of many Pacific, If human rights are to be made ‘real’ in Aotearoa,
Asian and other communities in Aotearoa, also they must be considered and implemented within
understand that housing is much more than a the country’s unique historical and current context
physical structure. which includes:
• the systematic dispossession of Māori
For these reasons, the Guidelines do not use the from their land and the ongoing impact of
right to ‘adequate housing’ as a shorthand. Instead, colonisation
they refer to the right to a ‘decent home’, defined • Te Tiriti o Waitangi (Te Tiriti) and the crucial
as the right to a warm, dry, safe, secure, affordable, importance of ensuring the culture of tangata
accessible, healthy, decent home. whenua flourishes
4 Human Rights Commission
• enduring discrimination on ethnicity, religion, local government are deeply complementary.
disability, gender, and other prohibited They share common values, such as wellbeing,
grounds and they must support and enable each other.
• the need for a dynamic inclusive Central and local government have a shared
multiculturalism grounded on Te Tiriti and responsibility to do everything in their power to
underpinned by respect (manaakitanga) and deliver the right to a decent home for everyone in
human rights for all. Aotearoa.
Rights and responsibilities How can the Guidelines help?
Human rights and Te Tiriti not only place The right to a decent home grounded on human
obligations on central and local government, they rights and Te Tiriti has several constructive roles
also place responsibilities on others, including including:
individuals. In the context of the right to a • empowering individuals, hapū, iwi and
decent home, the Guidelines outline the rights of communities
individuals, communities, hapū and iwi (rights- • helping to improve and strengthen housing
holders) and the responsibilities of government, policies and initiatives
private sector, landlords, property managers, • holding those with responsibilities
service-providers and tenants (duty-bearers). accountable.
Central and local government: a shared In this way, the Guidelines can assist both rights-
responsibility holders and duty-bearers to understand their
In relation to housing, the roles of central and rights and responsibilities.
Colonisation and Te Tiriti o Waitangi
The Guidelines are informed by the systematic Te Tiriti, the country’s foundational document,
dispossession of Māori from their land, the establishes the relationship between Māori and
ongoing impact of colonisation, Te Tiriti, the the Crown. It affirms the status of whānau, hapū
United Nations Declaration on the Rights of and iwi as tangata whenua and recognises their
Indigenous Peoples, and values that are integral pre-existing rangatiratanga. It envisages a sharing
to Te Ao Māori e.g. whanaungatanga (kinship), of power and authority and a partnership of
kaitiakitanga (stewardship) and manaakitanga equals. Te Tiriti requires government to work in
(respect). partnership, and share decision-making, with its
Tiriti partners, and to respect and support the
It is impossible to implement the right to a decent rangatiratanga authority of tangata whenua. The
home in Aotearoa without recognising its colonial right to a secure, peaceful, decent home – both
history and the lasting impact of colonisation for tangata whenua and tangata Tiriti – is at the
on Māori rights and wellbeing. Colonial and core of the Tiriti agreement.
discriminatory policies were designed to be
inequitable and their impact on the housing of These issues are outlined in Section 2:
Māori persists to this day. Colonisation and Te Tiriti o Waitangi.
5Key features of the right to a decent home grounded on Te Tiriti
The Guidelines outline eight key features of the right to a decent home grounded on Te Tiriti. It is
important these interconnected features are read together, and with Te Tiriti and the United Nations
Declaration on the Rights of Indigenous Peoples.
1. Values 4. Equity, equality and non-discrimination
Values, such as whanaungatanga (kinship), Housing must be equally accessible to all.
kaitiakitanga (stewardship), manaakitanga
(respect), dignity, decency, fairness, equality, 5. Participation
freedom, wellbeing, safety, participation, All individuals and communities are entitled
autonomy, partnership, community, and to active and informed participation on issues
responsibility, are embodied in the right to a relating to their housing, including policy making
decent home. and accountability.
2. The United Nations ‘decency’ housing 6. A human rights-based housing strategy
principles grounded on Te Tiriti
The following overlapping United Nations Realisation of the right to a decent home
principles must be considered when determining grounded on Te Tiriti will not happen
whether housing is ‘adequate’ or, to use the spontaneously. It will require an overarching
language of the Guidelines, ‘decent’: housing strategy.
• habitable
• affordable 7. Constructive accountability
• accessible to everyone, including Effective and accessible accountability is a crucial
disadvantaged groups, such as those feature of human rights, including the right to a
living in poverty, including people who are decent home. Without accountability, the right to
homeless; tangata whenua; Pacific people a decent home can become an empty promise.
and other ethnic minorities; faith-based Accountability need not be about blame and
communities; disabled people; children punishment, it can be about identifying what
and young people; women; rainbow works, so it can be repeated, and what does not
communities; older people; beneficiaries work, so it can be adjusted. This is sometimes
and migrants called ‘constructive accountability’. All housing
• services, facilities and infrastructure initiatives must be subject to effective, accessible
• location and constructive accountability in relation to the
• respect for cultural diversity right to a decent home grounded on Te Tiriti.
• security of tenure.
8. International assistance and cooperation
3. Freedoms and entitlements The government’s aid and development
The right to a decent home includes both programme, and its delivery, must be consistent
freedoms (e.g. freedom from discrimination) and with Aotearoa’s human rights obligations. If
entitlements (e.g. the provision of temporary the programme includes housing initiatives,
emergency housing when needed). the government has a responsibility to ensure
the initiatives are consistent with human
rights principles and standards, including the
international right to a decent home.
6 Human Rights CommissionObligations and violations
Progressively realised over time attention should be given to elaborating these
International human rights law allows for the full core obligations for the right to a decent home in
implementation of the right to a decent home Aotearoa.
to be realised over time. Progressive realisation,
however, is not an excuse for government A human rights approach to policy making
to avoid or delay implementation of binding The human right to a decent home is subject
international legal obligations. The United Nations to resource availability. Even high-income
has confirmed that the government is required countries, such as Aotearoa, cannot avoid difficult
to take “steps which are deliberate, concrete decisions about resource allocation. Prioritisation
and targeted as clearly as possible towards” and trade-offs are common features of every
realisation of the right to a decent home. approach to policy making. The human rights
approach grounded on Te Tiriti is distinctive
How to measure progressive realisation: because of the conditions it imposes on the
indicators and benchmarks policy making process. The Guidelines outline the
The United Nations has also confirmed that conditions that apply to policy making in relation
progressive realisation of the right to a decent to the right to a decent home grounded on Te
home should be tracked by using indicators and Tiriti.
benchmarks. The indicators are broken down
into areas of prohibited discrimination, such as Obligations to respect, protect and fulfil human
ethnicity, disability, gender and age. rights
Human rights give rise to different types of
By way of Tiriti partnership and a consultative obligations, widely known as obligations to
process, attention should be given to identifying respect, protect and fulfil. Understanding that
suitable national indicators for the right to a human rights give rise to these obligations makes
decent home in Aotearoa. The indicators will have it easier to hold central and local government
to reflect Te Ao Māori, tikanga and Te Tiriti. (and other duty-bearers) accountable and to
identify human rights violations. The Guidelines
Core obligations of immediate effect outline some obligations and corresponding
The United Nations recognises that some features violations in relation to the right to a decent home
of the right to a decent home are so important grounded on Te Tiriti.
they are deemed core obligations of immediate
effect i.e. these features are not subject to
progressive realisation over time. By way of
Tiriti partnership and a consultative process,
7Role of the private sector
The private sector has a significant role in The government has a responsibility to prevent
Aotearoa’s housing system. Investors, businesses the private sector from interfering with the
and individuals develop, build, sell and rent enjoyment of the right to a decent home. But,
housing. Financial institutions provide access additionally, the private sector itself has human
to credit. Private households purchase, build or rights and Tiriti responsibilities. The Guidelines
improve their own housing and may rent it to outline these responsibilities of the private
others. The private sector has the power to affect, sector e.g. to provide an appropriate supply of (i)
both positively and negatively, enjoyment of the affordable (rather than luxury) housing, and (ii)
right to a decent home grounded on Te Tiriti. accessible homes for disabled people.
Conclusion
Located within the unique context of Aotearoa, • developing and applying the eight key features
the Guidelines are a step towards a better of the right to a decent home grounded on Te
understanding of the right to a decent home Tiriti
grounded on Te Tiriti. They provide a framework • preparing detailed guidance about disability
on which we can all build while taking into and the right to a decent home grounded on
account evidence of what works. More mahi is Te Tiriti.
needed, by one organisation or another, such as:
• clarifying what a decent home means for The Guidelines will be reviewed and, as necessary,
tangata whenua revised every 12 months.
• clarifying the shared responsibility of central
and local government to deliver the right to a
decent home grounded on Te Tiriti
8 Human Rights CommissionThe Framework Guidelines
1. In Aotearoa, the housing system must be explicitly 8. The right to a decent home grounded on Te Tiriti is
based on values (as outlined in Guideline 10), the a framework on which everyone who is committed
international right to a decent home, Te Tiriti o to tackling the housing crisis can build respectful
Waitangi and evidence of what works. relationships, multiple partnerships and effective
collaboration.
2. Grounded on Te Tiriti, the international right to
a decent home is more than a right to shelter, 9. The right to a decent home grounded on Te Tiriti
bricks, mortar or a house. It is the human right to requires acknowledging and addressing the
a warm, dry, safe, secure, affordable, accessible, impacts of colonisation, systematic dispossession
healthy, decent home, as understood by Te Ao of Māori from their land, and destruction of their
Māori. By way of shorthand, these Guidelines refer traditional ways of living, including communal
to the ‘right to a decent home’. land ownership. Te Tiriti o Waitangi and the
United Nations Declaration on the Rights of
3. Agreed by successive New Zealand governments, Indigenous Peoples have a critically important
the right to a decent home is ethically compelling role to play in advancing the right to a decent
and binding on New Zealand in international law. home in Aotearoa.
This human right does not favour one particular
socio-economic system, but it requires that the 10. Values, such as whanaungatanga (kinship),
selected system is consistent with human rights kaitiakitanga (stewardship), manaakitanga
and democratic principles, enhances enjoyment of (respect), dignity, decency, fairness, equality,
the right to a decent home, and honours Te Tiriti. freedom, wellbeing, safety, autonomy,
participation, partnership, community and
4. The international right to a decent home must be responsibility, are embodied in the right to a
located and applied within the unique historical, decent home. These values, and the right to a
demographic, economic, social, cultural, decent home grounded on Te Tiriti, must lie at
environmental and legal context of Aotearoa. the centre of all housing-related initiatives in
Aotearoa.
5. Te Tiriti and the right to a decent home not
only place obligations on central and local 11. All housing initiatives must comply with the seven
government, they also place responsibilities on UN ‘decency’ housing principles read with Te Tiriti
others, including the private sector, landlords, o Waitangi: habitable; affordable; accessible for
property managers, service-providers and tenants. everyone; services, facilities and infrastructure;
location; respect for cultural diversity; and security
6. Central and local government have a shared of tenure. If homes and housing initiatives do
responsibility to do everything in their power to not comply with a ‘decency’ principle they are
deliver the right to a decent home, grounded on not complying with the right to a decent home,
Te Tiriti, for everyone in Aotearoa. unless it can be shown that all reasonable steps
have been taken to comply with the principle (see
section 4).
7. The right to a decent home grounded on Te Tiriti
empowers individuals, hapū, iwi and communities
in their engagement with central and local 12. Because the right to a decent home includes
government; helps policy makers strengthen their freedoms, all restrictive housing laws, regulations,
housing initiatives; and helps ensure that housing rules and practices must be fair, reasonable,
commitments are honoured. proportionate and culturally appropriate.
913. A decent home must be accessible to everyone When prioritising in relation to the right to a
without discrimination on prohibited grounds, decent home, certain conditions apply, such as
such as disability, ethnicity, religion, age, gender consideration of colonisation and its continuing
or sexual orientation. Effective measures, designed impacts, Te Tiriti and the most disadvantaged
to address the unfair disadvantage experienced by individuals and communities, including those
some individuals and communities, are required. living in poverty.
14. In accordance with international human rights 19. Central and local government have obligations
treaties and declarations, ensure all individuals arising from the right to a decent home grounded
and communities have the opportunity for active on Te Tiriti. The obligation to respect places
and informed participation on housing issues a responsibility on government to refrain
that affect them. Additionally, Te Tiriti requires from interfering directly or indirectly with the
government to work in partnership, and share enjoyment of the right to a decent home grounded
decision-making, with its Tiriti partners. on Te Tiriti. The obligation to protect means
that government must prevent third parties,
15. Central and local government must have an such as private landlords, from interfering with
overarching housing strategy. The housing the enjoyment of the right to a decent home
strategy must be based on human rights and Te grounded on Te Tiriti. The obligation to fulfil
Tiriti. Te Tiriti and human rights-based housing requires government to adopt all appropriate
strategy must have the right to a decent home at measures, including legislative, administrative
its centre. and budgetary, to ensure the full realisation of
the right to a decent home grounded on Te Tiriti.
Breaches of these obligations may give rise to
16. All housing initiatives must be subject to violations of the right to a decent home grounded
constructive accountability i.e. initiatives must on Te Tiriti.
be assessed against the human right to a
decent home grounded on Te Tiriti. Constructive
accountability must be both effective and 20. The private sector has obligations arising from the
accessible to those in need. right to a decent home. Further attention should
be given to (a) clarifying the responsibilities of the
private sector in relation to the right to a decent
17. If the government’s development and aid home grounded on Te Tiriti and (b) identifying
programme includes housing initiatives, it has suitable constructive accountability arrangements
a responsibility to ensure the initiatives are in relation to these private sector responsibilities.
consistent with the right to a decent home and,
where the recipient country has indigenous
peoples, the United Nations Declaration on the 21. These Guidelines provide a framework on which
Rights of Indigenous Peoples. we can all build. All stakeholders are encouraged
to develop and apply the framework with a view
to enhancing the right to a decent home grounded
18. The right to a decent home grounded on Te Tiriti on Te Tiriti for everyone in Aotearoa.
places measurable obligations on central and
local government. Full implementation of the right
to a decent home may be progressively realised
over time. But central and local government
must take deliberate, concrete and targeted
steps towards realisation of the right to a decent
home. Government has a specific and continuing
obligation to move as expeditiously and effectively
as possible towards the human right’s full
implementation. Progress (or otherwise) must be
tracked by suitable indicators and benchmarks.
10 Human Rights CommissionSection 1: Introduction
Section 1: Introduction 11Section 1: Introduction
1. Reinforced by the international right to a Section 5 signals the role of the private sector
decent home, a fair and effective housing in relation to the right to a decent home
system plays a vital role in society. In Aotearoa, grounded on Te Tiriti.
this fundamental human right is grounded
on Te Tiriti. These Guidelines aim to advance a The Guidelines provide a framework and the
housing system that is based on a set of explicit Conclusion points out some of the work that is
values, the human right to a decent home, Te needed to develop and apply this framework in
Tiriti and evidence of what works.2 the months and years ahead.
2. The Guidelines have six sections: 3. Four Appendices provide supplementary
This Introduction provides background, information and resources.
explains terms and outlines how the Guidelines
can help all of us improve housing in Aotearoa. 4. Each of the sections includes one or more
Guidelines. In total, there are twenty-one
Section 2 highlights the unique context within Guidelines. Each is clearly highlighted for ease
which the Guidelines are located, with a focus of reference.
on colonisation and Te Tiriti.
Guideline 1: In Aotearoa, the housing system
Section 3 is the heart of the Guidelines: it must be explicitly based on values (as outlined
outlines eight key features of the right to a in Guideline 10), the international right to a
decent home grounded on Te Tiriti. decent home, Te Tiriti o Waitangi and evidence
of what works.
Section 4 explains the obligations or
responsibilities which arise from the key
features outlined in section 3 e.g. it briefly
outlines a human rights approach to policy
making in relation to the right to a decent
home grounded on Te Tiriti.
12 Human Rights CommissionMore than a house: a decent home
5. International law usually refers to the ‘right to including health protection, work and active
adequate housing’. Sometimes the term the participation in the community.
‘right to shelter’ is used. However, the human
rights literature is clear: the right to adequate 8. Recently published by the World Health
housing is much more than shelter, bricks, Organization, Housing and Health Guidelines
mortar or a house. It is about having a decent also take this view: “Healthy housing provides a
home.3 feeling of home, including a sense of belonging”.5
6. The understanding that a home is more 9. In these circumstances, the Guidelines do not
than a house resonates strongly with Te Ao use the term the ‘right to adequate housing’
Māori. Within this worldview, the idea of a or the ‘right to shelter’. Instead they prefer the
home includes reciprocal relationships and ‘right to a warm, dry, safe, secure, affordable,
responsibilities, as well as an abiding sense accessible, healthy, decent home’ - for short,
of love for Papatūānuku (the earth) to which the ‘right to a decent home’.
tangata whenua belong. Kāinga is more than a
home, it also means a village, relationships and 10. The Guidelines outline what the right to a decent
responsibilities to place, people and the natural home, grounded on Te Tiriti, means in the
environment.4 unique context of Aotearoa.
7. The understanding that a home is more than Guideline 2: Grounded on Te Tiriti, the
a physical structure (i.e. more than bricks and international right to a decent home is more
mortar) also chimes with the worldview of than a right to shelter, bricks, mortar or a
many Pacific, Asian and other communities in house. It is the human right to a warm, dry, safe,
secure, affordable, accessible, healthy, decent
Aotearoa. This understanding was a recurring
home, as understood by Te Ao Māori. By way of
theme during the consultations that preceded
shorthand, these Guidelines refer to the ‘right to
the drafting of these Guidelines. Another
a decent home’.
recurring theme was the importance of housing
to the enjoyment of other human rights,
International human rights law
11. The International Bill of Rights, which New the Convention on the Rights of the Child
Zealand helped to draft, provides the and the Convention on the Rights of Persons
foundation for all international human rights. with Disabilities, include the right to a decent
Successive governments in Aotearoa have home (see Appendix 2). The United Nations
committed to implement the International Bill Declaration on the Rights of Indigenous Peoples
of Rights, which includes the right to a decent includes numerous provisions that highlight
home.6 the critical importance of home (kāinga) and
land (whenua) to tangata whenua. Successive
12. Building on the International Bill of Rights, New Zealand governments have helped to write
additional human rights agreements have these additional human rights agreements and
been adopted and several of them, such as have also promised to implement them.
Section 1: Introduction 1313. Many of the international human rights decent home, including for the most
promises made by New Zealand governments disadvantaged, such as those living in
are ethically compelling and they are binding poverty
in international law. The right to a decent c) in Aotearoa, the road chosen - and
home is one of the human rights that New destination - must be consistent with Te
Zealand has agreed to implement under Tiriti.
binding international law. This human right is
well-established in international law. It is not 15. In addition to its binding international legal
a one-liner – it’s not a bumper-sticker – it has obligations in relation to the right to a
substantive content. Although it is binding on decent home, New Zealand has committed
New Zealand in international law, the right to a to reaching Sustainable Development Goals,
decent home is almost unknown and invisible including: “By 2020, ensure access for all to
in Aotearoa. adequate, safe and affordable housing and
basic services”.8
14. International law is silent on the socio-
economic system (e.g. private, public or mixed) Guideline 3: Agreed by successive New
required for implementation of the right to a Zealand governments, the right to a decent
decent home.7 This deliberately neutral position home is ethically compelling and binding
is subject to three important conditions. The on New Zealand in international law. This
socio-economic system - or road - chosen: human right does not favour one particular
socio-economic system, but it requires that
a) must be consistent with human rights and
the selected system is consistent with human
democratic principles
rights and democratic principles, enhances
b) must reach the destination i.e. it must
enjoyment of the right to a decent home, and
enhance enjoyment of the right to a
honours Te Tiriti.
The unique context of Aotearoa
16. Internationally there are thousands of books, 18. Although the existing international literature,
articles, reports and guidance on what the right as well as law cases decided in other countries,
to a decent home means and how to apply it provide useful guidance on what the right
in practice.9 But the literature on the right to to a decent home means, we must consider
a decent home in the distinctive context of and apply this human right within the unique
Aotearoa is extremely limited. historical, demographic, economic, social,
cultural, environmental and legal context of
17. Many countries have placed the right to a decent Aotearoa.
home in their national law and this has led to
law cases which clarify what the human right 19. These Guidelines outline what the right to a
means.10 But New Zealand has not placed the decent home means in the unique context of
right to a decent home in its national law and so Aotearoa. This context includes: the systematic
there are no law cases in Aotearoa to throw light dispossession of Māori land and the ongoing
on the meaning of this human right.11 impacts of colonisation; Te Tiriti and the crucial
importance of ensuring the culture of tangata
14 Human Rights Commissionwhenua, the uniquely indigenous people
of Aotearoa, is recognised and flourishes; Guideline 4: The international right to a decent
enduring discrimination on race, ethnicity, home must be located and applied within the
religion, disability, gender, sexual orientation unique historical, demographic, economic,
and other prohibited grounds; the need for a social, cultural, environmental and legal
context of Aotearoa.
dynamic inclusive multiculturalism grounded
on Te Tiriti and underpinned by respect
(manaakitanga) and human rights for all. This
unique context is outlined in the following
paragraphs.
Rights and responsibilities
20. When discussing human rights, the focus sector and individuals. For example, the
is usually on the rights (or ‘entitlements’) private sector has a responsibility to support
of individuals and the obligations (or Māori housing aspirations and needs, such
‘responsibilities’ or ‘duties’) of government. as intergenerational living and care for
Although this understanding of human rights is Papatūānuku (the earth). Also, private landlords
very important, it is not the complete picture. and tenants have a responsibility not to
discriminate on prohibited grounds, such as
21. Human rights and Te Tiriti not only place disability, ethnicity, religion, age, gender or
obligations on central and local government, sexual orientation.
they also place responsibilities or duties on
others. For example, the Universal Declaration of 23. The following sections of the Guidelines outline
Human Rights sets out a catalogue of rights and (a) the rights of individuals, communities,
it adds, “everyone has duties to the community hapū and iwi (rights-holders) and (b) the
in which alone the free and full development responsibilities of government, private sector,
of their personality is possible” (article 29(1)). landlords, property managers, service-
For its part, Te Tiriti bestows “rights and duties providers and tenants (duty-bearers).
of citizenship” (article 3). So, both the Universal
Declaration of Human Rights and Te Tiriti place Guideline 5: Te Tiriti and the right to a decent
responsibilities on individuals.12 home not only place obligations on central
and local government, they also place
22. This understanding has important implications responsibilities on others, including the private
sector, landlords, property managers, service-
for the right to a decent home. It means this
providers and tenants.
human right, grounded on Te Tiriti, places
responsibilities on government, the private
Section 1: Introduction 15Central and local government: a shared responsibility
24. As emphasised in the preceding paragraphs, Central and local government have a shared
human rights, including the right to a decent responsibility to do everything in their power to
home grounded on Te Tiriti, place obligations deliver the right to a decent home for everyone
on central and local government. In relation in Aotearoa.
to housing, the roles of central and local
government are deeply complementary. They Guideline 6: Central and local government
share common values, such as wellbeing, which have a shared responsibility to do everything
is enshrined in the Local Government Act 2002 in their power to deliver the right to a decent
and Treasury’s Living Standards Framework. home, grounded on Te Tiriti, for everyone in
They must assist and enable each other. Aotearoa.
How can the Guidelines help?
25. Grounded on Te Tiriti, the right to a decent 27. For these reasons, the Guidelines clarify what
home has several constructive roles. For the right to a decent home, grounded on Te
example, it can: Tiriti, means. Once the meaning is clearer, the
a) empower individuals, hapū, iwi and human right can:
communities a) empower individuals, hapū, iwi and
b) help to improve, deepen and strengthen communities in their engagement with
housing policies and initiatives central and local government and others
c) hold accountable those with responsibilities b) help policy makers strengthen their
arising from the right to a decent home housing initiatives
grounded on Te Tiriti. c) help ensure that the right to a decent
home and Te Tiriti are honoured.
26. But these roles depend upon a degree of
clarity about what the right to a decent home, 28. More specifically, the Guidelines can help to:
grounded on Te Tiriti, means: a) advance the partnership between
a) individuals, hapū, iwi and communities kāwanatanga (Crown) and rangatiratanga
cannot be meaningful rights-holders (as (hapū and iwi) in the context of housing
opposed to ‘service-users’), if the right to a b) ensure that critically important values,
decent home is unclear such as kaitiakitanga (stewardship),
b) central and local government, the private whanaungatanga (kinship), manaakitanga
sector and others cannot be responsible (respect), fairness, decency, equality,
duty-bearers, if the right to a decent home wellbeing and community are at the centre
is unclear of all housing initiatives
c) policy makers cannot use the right to a c) advance Māori housing aspirations and
decent home to improve their initiatives if needs
they do not know what it means d) improve the Government Policy Statement
d) it is impossible to hold anyone accountable on Housing and Urban Development,
for the right to a decent home if nobody Housing Acceleration Fund, New Zealand
knows who is accountable for what.
16 Human Rights CommissionBuilding Code, Residential Tenancies Act, j) hold central and local government, and
and governmental regulatory frameworks other duty-bearers, accountable for their
e) ensure that key features of housing (e.g. responsibilities arising from the right to a
habitability, affordability, accessibility, decent home grounded on Te Tiriti.
security of tenure) are given sustained and
systematic attention Guideline 7: The right to a decent
f) accelerate universal design so there is home grounded on Te Tiriti empowers
increased supply of housing suitable for individuals, hapū, iwi and communities in
people of all abilities and stages of life, their engagement with central and local
government; helps policy makers strengthen
including disabled people13
their housing initiatives; and helps ensure that
g) ensure an increase in accessible housing
housing commitments are honoured.
h) improve access to home ownership, and
other forms of secure housing, for everyone
i) eliminate homelessness14
Limitations and annual reviews
29. By outlining what the right to a decent home, 31. The Guidelines did not begin with a blank
grounded on Te Tiriti, means in the unique page, they are located within the parameters
context of Aotearoa, the Guidelines provide a provided by New Zealand’s international
framework for respectful relationships, multiple human rights agreements and Te Tiriti o
partnerships and effective collaboration across Waitangi. Where appropriate they refer to
the country. existing housing codes in Aotearoa, such as
Healthy Homes Standards. They draw from
30. The Guidelines do not aim to provide an a wide range of national and international
assessment of the right to a decent home experience and literature. The Guidelines will be
grounded on Te Tiriti i.e. they do not collate reviewed and, as necessary, revised every 12
evidence and make evaluations. But the months.
Guidelines will help stakeholders make such
assessments in the future. Neither are they Guideline 8: The right to a decent home
comprehensive, nor a detailed tool kit on how grounded on Te Tiriti is a framework on
to operationalise the right to a decent home which everyone who is committed to tackling
grounded on Te Tiriti. The Guidelines are a the housing crisis can build respectful
relationships, multiple partnerships and
framework for this and other mahi in the
effective collaboration.
future.
Section 1: Introduction 17Section 2: Colonisation and Te
Tiriti o Waitangi
Section 2: Colonisation and Te Tiriti o Waitangi 19Section 2: Colonisation and
Te Tiriti o Waitangi
32. The Guidelines outline what the right to a 35. After most of the land was taken from tangata
decent home means in the unique context of whenua, colonial housing policies made it
Aotearoa. This context includes colonisation, difficult or impossible for Māori to access
the systematic dispossession of Māori from home ownership. They were hampered in
their land, ongoing impacts of colonisation their efforts to maintain or build traditional
and Te Tiriti. This section briefly highlights forms of housing on communally owned land
this context, as well as the United Nations (papakāinga). As individuals, they struggled to
Declaration on the Rights of Indigenous access adequate urban housing. They faced
Peoples. Key additional resources on these racism in both access to mortgage home
issues are provided in Appendix 4. ownership and the private rental market.
33. It is impossible to implement the human right 36. Today, some local and national government
to a decent home in Aotearoa today without rules and practices, as well as Pākehā legal
recognising its colonial history and the lasting assumptions about individual ownership and
impacts of colonisation on Māori rights and denial of rangatiratanga (authority), continue
wellbeing. The arrival of Pākehā settlers to impede Māori communal and other housing
resulted in colonisation and the systematic initiatives. Māori have lower rates of home
dispossession of Māori from their land. ownership (28%) compared to New Zealand
Generations of policies disenfranchised tangata Europeans (57%). Colonial and discriminatory
whenua and destroyed their traditional ways of policies were designed to be inequitable and
living, including communal land ownership. their impact on the housing of Māori persists
to this day. At the end of her visit to Aotearoa
34. Taken by violence, confiscation and purchase, in 2020, the UN Special Rapporteur on the right
tangata whenua lost control of 95% of their to adequate housing likened this to “a dark
land. Purchases often breached Te Tiriti o shadow that hangs over the country”.15
Waitangi. The Native Land Court converted
customary collective ownership into individual
title, an alien concept to tangata whenua
and at odds with tikanga Māori. This process
accelerated Māori alienation from their land.
Today, land collectively owned by Māori
accounts for less than 5% of Aotearoa’s total
land area.
20 Human Rights CommissionTe Tiriti o Waitangi
37. There is a deep synergy between Te Ao Māori, treatment. It requires putting right the wrongs
Te Tiriti and the United Nations Declaration on committed and damage inflicted, honouring
the Rights of Indigenous Peoples (‘Declaration’). the pre-existing Te Tiriti and indigenous human
Each one bears upon the right to a decent rights of tangata whenua, and reconciliation.
home in Aotearoa. Te Tiriti is interpreted in
light of the Declaration. Both instruments are 40. In the context of the right to a decent home,
briefly outlined in these paragraphs. article 2 requires closer consideration. It
affirms tangata whenua rights to “te tino
38. Te Tiriti, the country’s foundational document, rangatiratanga o ratou wenua, o ratou kāinga
establishes the relationship between Māori me o ratou taonga katoa” (the absolute
and the Crown. It affirms the status of authority over their lands, homes/villages and
whānau, hapū and iwi as tangata whenua and all their treasures). Rangatiratanga entails the
recognises their pre-existing rangatiratanga. authority to manage traditional territories,
It envisages a sharing of power and authority manaaki (care for) and tiaki (protect) the
and a partnership of equals. Te Tiriti requires people, lands and resources within them. In the
government to work in partnership, and share English version of article 2, this is referred to as
decision-making, with its Tiriti partners, and the “full, exclusive and undisturbed possession
to respect and support the rangatiratanga of their Lands and Estates Forests Fisheries and
authority of tangata whenua. other properties which they may collectively or
individually possess”.
39. Articles 1 and 2 of Te Tiriti provide for co-
existing systems of governance: iwi and hapū 41. In short, the right to a secure, peaceful, decent
rangatiratanga and Crown kāwanatanga home – both for tangata whenua and tangata
authority. Article 3 promises Māori equal Tiriti – is at the core of the Tiriti agreement.16
enjoyment of citizenship rights, placing Claims of breaches of these rights are currently
obligations on the Crown to ensure equity for being examined by the Waitangi Tribunal in its
Māori alongside other New Zealanders. But the Housing Policy and Services Kaupapa Inquiry
Crown’s commitment to Māori under Te Tiriti (Wai 2750).
goes much further than a promise of equitable
Section 2: Colonisation and Te Tiriti o Waitangi 21United Nations Declaration on the Rights of Indigenous Peoples
42. Affirmed by New Zealand in 2010, the 44. At the core of the Declaration is the rights of
Declaration complements New Zealand’s indigenous peoples to self-determination, to
constitutional obligations under Te Tiriti. It make their own decisions and control their own
reinforces the Crown’s obligations to work in destiny, as well as to participate in government
partnership, actively protect rangatiratanga, decision-making that affects them. The right of
and advance Māori equity. self-determination is also found in international
human rights treaties ratified by New Zealand,
43. The Declaration reflects existing international such as the International Covenant on Civil and
human rights standards, including the right to Political Rights (article 1(1)).
a decent home, and outlines how they apply
in the specific circumstances of indigenous 45. Appendix 2 provides links to some of the
peoples. It reaffirms indigenous peoples’ rights provisions of the Declaration which are
to their lands, territories and resources, and to especially significant in the context of the
their culture, identity and way of life. human right to a decent home.
Conclusion
46. The systematic dispossession of Māori land, Guideline 9: The right to a decent home
ongoing impacts of colonisation, Te Tiriti and grounded on Te Tiriti requires acknowledging
the Declaration inform these Guidelines. The and addressing the impacts of colonisation,
Guidelines are also informed by the values that systematic dispossession of Māori from their
land, and destruction of their traditional ways
are integral to Te Ao Māori. One of the key
of living, including communal land ownership.
features of a right to a decent home grounded
Te Tiriti o Waitangi and the United Nations
on Te Tiriti, these values are outlined at the
Declaration on the Rights of Indigenous
beginning of the next section.
Peoples have a critically important role to
play in advancing the right to a decent home
in Aotearoa.
22 Human Rights CommissionSection 3: Key features of
the right to a decent home
grounded on Te Tiriti o Waitangi
Section 3: Key features of the right to a decent home grounded on Te Tiriti o Waitangi 23Section 3: Key features of the
right to a decent home grounded
on Te Tiriti o Waitangi
47. This section outlines eight key features accountability which includes redress. So, it is
of the right to a decent home grounded important that the interconnected key features
on Te Tiriti. Most of the key features are are read together, and with Te Tiriti and the
interconnected. For example, it is not possible United Nations Declaration on the Rights of
to compartmentalise equity, equality and non- Indigenous Peoples.
discrimination; participation; and constructive
A. Values
48. All societies, institutions and processes are on the Rights of Indigenous Peoples. As
driven by one set of values or another. Whether discussed in the Introduction, the idea of a
explicit or implicit, values are exceedingly home includes a web of relationships and
important. They shape lives, communities and responsibilities, as well as an abiding sense
the future. They also shape human rights. of love for Papatūānuku (the earth) to which
The following values should be woven into tangata whenua belong.
all the features of the right to a decent home
grounded on Te Tiriti. 52. In Aotearoa, our values encompass Te
Ao Māori and the worldviews of other
49. Te Ao Māori is underpinned by whakapapa communities. These values not only include
(genealogy) and whanaungatanga (kinship). In whakapapa, whanaungatanga, kaitiakitanga
this worldview, relationships between people and mana (as outlined above), they also
- past, present and future - are of central include manaakitanga (respect), dignity,
importance. Also, the relationship between decency, fairness, equality, freedom, wellbeing,
people and the natural world is crucial. safety, autonomy, participation, partnership,
community and responsibility.
50. Kaitiakitanga (stewardship), a system of
reciprocal rights and responsibilities, arises 53. These values are embodied in the human
from these relationships. Kaitiakitanga includes right to a decent home and Te Tiriti. Crucially,
intergenerational responsibilities and it also the Guidelines are driven by these values and
has spiritual dimensions. Mana (authority, the right to a decent home grounded on Te
power, leadership) requires the maintenance of Tiriti. This combination of values, the right to
these relationships and responsibilities. a decent home and Te Tiriti should also lie at
the centre of legislation, strategies, policies,
51. Te Ao Māori reflects an indivisible relationship programmes and other housing-related
between Māori and whenua which is reinforced initiatives in Aotearoa.
by Te Tiriti and the United Nations Declaration
24 Human Rights CommissionGuideline 10: Values, such as whanaungatanga (kinship), kaitiakitanga (stewardship), manaakitanga
(respect), dignity, decency, fairness, equality, freedom, wellbeing, safety, autonomy, participation,
partnership, community and responsibility, are embodied in the right to a decent home. These
values, and the right to a decent home grounded on Te Tiriti, must lie at the centre of all housing-
related initiatives in Aotearoa.
B. The UN ‘decency’ housing principles
54. Since 1991, the United Nations has repeatedly 57. Accessible
highlighted seven principles which must Access has several dimensions, for example,
be considered when determining whether physical, systemic (i.e. without discrimination)
housing is ‘adequate’ or, to use the language and financial (i.e. affordable, see preceding
of these Guidelines, ‘decent’.17 The UN ‘decency’ paragraph).
housing principles overlap. The following
paragraphs briefly introduce each of the seven A decent home must be accessible to everyone.
‘decency’ principles which must be read with This is not happening in Aotearoa today. The
Te Tiriti and the United Nations Declaration on housing crisis is not confined to disadvantaged
the Rights of Indigenous Peoples. groups. A very large number of people who
are not historically disadvantaged do not
55. Habitable have access to a decent home. However,
Housing must provide for adequate space and disadvantaged groups are disproportionately
protection from cold, damp, heat, rain, wind, affected by today’s crisis. For example, the
structural hazards, disease and other threats rates of home ownership in relation to Pacific
to health. It should provide protection from, peoples, Māori and New Zealand Europeans
and mitigate, climate change. are 19%, 28% and 57%, respectively.19 Only 2%
of the housing stock is physically accessible
The Healthy Homes Standards, established in for disabled people but 1 in 6 people require
the Residential Tenancies Act, and HomeFit some form of adaptation.
and Homestar, developed by the New Zealand
Green Building Council, elaborate what the Some of the disadvantaged groups that are
habitable ‘decency’ principle means, subject to finding it especially hard to have access to a
two qualifications. First, these codes should be decent home are:
revisited by Te Tiriti partners to ensure they a) those living in poverty, including people
conform to Te Tiriti. Second, the codes are a who are homeless e.g. people living
non-exhaustive elaboration of the right to a in carports, garages, cars, lean-tos,
decent home in Aotearoa.18 sleepouts, makeshift housing, temporary
accommodation, ‘couch-surfing’, and on
56. Affordable the street;20
Housing costs, including for energy, should b) tangata whenua;
not compromise the ability of people to afford c) Pacific people21 and other ethnic
other reasonable needs. Tenants should minorities;
be protected by appropriate means against d) faith-based communities;
unreasonable rent levels and increases. e) disabled people;
Section 3: Key features of the right to a decent home grounded on Te Tiriti o Waitangi 25f) children and young people; of living that include the extended family
g) women; (whānau or aiga). The national housing system
h) rainbow communities;22 is required to reflect our cultural diversity
i) older people; and Te Tiriti foundations: one model does not
j) beneficiaries; suit all. Also, regeneration and other projects
k) migrants. must not sacrifice places of special cultural
significance.23
Some of these groups suffer from overlapping
forms of disadvantage e.g. disabled Māori and 61. Security of tenure
Pacific women. Everyone should have security of tenure which
guarantees legal protection, including due
Effective measures to ensure everyone has process in relation to eviction, discrimination,
access to a decent home must give particular harassment and other unfair treatment.
attention to disadvantaged individuals, Tenure, which has a cultural dimension, takes
communities and populations. a variety of forms, including Māori systems
of land tenure, owner-occupation, rental
58. Services, facilities and infrastructure (public and private), individual and collective,
Housing must ensure facilities essential for cooperative housing, social housing and
health, security, and comfort, including for emergency housing. It should take account
Aotearoa’s rural and remote communities. of the interests of children, disabled people,
For example, residents should have access to at-risk adults, all family types, and people of
safe drinking water, sanitation and washing different stages of life and cultures. Tenure
facilities, refuse disposal and emergency places obligations on all parties, including
services, and energy for heating, lighting, and tenants who have a responsibility to treat with
cooking. respect other occupiers, landlords, neighbours
and their community.
59. Location
Housing must allow access to employment 62. Conclusion on ‘decency’ principles.
options, healthcare services, accessible One way for individuals, communities,
transport routes, schools including te reo government and the private sector to
education, childcare and other social facilities, implement some of the UN ‘decency’
including for rural and remote communities. housing principles is to promote universal
Housing should not be so close to pollution design. Universal design advances
sources that inhabitants’ health is jeopardised. inclusive, accessible, healthy buildings and
environments, and respect for cultural
60. Respect for cultural diversity diversity.24 It considers people throughout
Housing has a very important cultural the life cycle from childhood to old age,
dimension. In Aotearoa, which aspires to a and is alert to different scenarios, including
dynamic inclusive multiculturalism grounded disability. The importance of security of tenure
on Te Tiriti, this dimension is crucial. For should not be overlooked. Tenure insecurity
example, Māori, Pacific people and numerous contributes to a major housing problem in
culturally diverse communities have models Aotearoa: high transience among renters.
26 Human Rights CommissionYou can also read
