October 2021 - January 2022
HOUSING
T
he housing crisis is a human rights crisis in New Zealand according to the United Nations (UN) Special Rapporteur on adequate housing in a new report officially tabled over night at the UN Human Rights Council in Geneva. Housing speculation, a lack of affordable housing options, limited protection for tenants, substandard housing, the absence of an overarching Te Tiriti and human rights based housing strategy, and a lack of adequate social housing or state subsidised housing are the main causes of the crisis according to the report. During a visit to New Zealand from 10 to 19 February 2020, at the invitation of the Government, the UN Special Rapporteur on adequate housing, Leilani Farha, investigated housing as a human right in New Zealand. She spoke with government officials, residents, researchers and representatives of civil society organisations in visits to Auckland, Christchurch, Kaitaia and Wellington. The findings of her visit were published in a report tabled at the UN Human Rights Council on June 22 in Geneva. Farha wrote that “legal protection of the right to adequate housing remains relatively weak” in New Zealand. Housing has become a “speculative asset” in New Zealand rather than a “home” wrote the Special Rapporteur — calling attention to on-going housing speculation due to low interest rates coupled with an underdeveloped rental housing system with inadequate tenant protections. Chief Human Rights Commissioner Paul Hunt has welcomed the report and encouraged local and 76 propertyandbuild.com
UN declares New Zealand’s housing crisis a breach of human rights A United Nations report suggests New Zealand follow in Canada’s footsteps by adopting a human rights approach to housing policy and makes 27 recommendations for Government to address the crisis central government to seriously consider the 27 recommendations made by the UN Special Rapporteur Leilani Farha. 1) Acknowledge housing as a human right Recognize the right to adequate housing, as set out in international human rights law, as an enforceable right in national
legislation and in the New Zealand Bill of Rights Act. The Canadian model could be an option. This should at minimum include a legal obligation of the State to progressively implement the right to housing and provide suitable and accessible emergency housing to individuals and families at risk or in a situation of homelessness.
A legislated right to housing should render the right justiciable in domestic courts and enable those who have suffered violations access to effective administrative, non-judicial and judicial remedies. 2) Form a human rightsbased housing strategy Develop and implement a comprehensive human
