Source: Human Rights Commission
The Government’s emergency housing system is in breach of the human rights of those it aims to help but it is not beyond repair according to the report, Homelessness and human rights, released today by Te Kāhui Tika Tangata, the Human Rights Commission.
“An emergency housing system should meet basic human rights standards, be accountable to those it serves, and help people in their journey out of homelessness,” says Chief Human Rights Commissioner Paul Hunt.
“Yet these features are lacking in parts of our emergency housing system, and constitute a breach of the human rights of those it is meant to help.”
“We are aware of measures announced this afternoon by the Government, but on the face of it little appears to have changed to meet their human rights obligations. The details of the review are also still to be made public.”
The report released today by the Human Rights Commission outlines four human rights obligations that the government’s emergency housing system should meet and finds three areas in which the current system is in breach of human rights.
“In a country like Aotearoa New Zealand, neither homelessness nor a failing emergency housing system are acceptable and both fall short of human rights standards.”
The report contains experiences from people in emergency and transitional housing, alongside social service providers.
“We heard from young people who felt so unsafe living alongside some adults in emergency accommodation that they have resorted to or returned to living on the street.
“We also heard stories of children who are now two or three years old and have only ever known living in a motel room,” says Hunt.
The Chief Commissioner says people shared their stories because of the absence of adequate accountability when emergency and transitional housing falls short. Since 2020 residents living in the emergency housing system are not entitled to protections under the Residential Tenancies Act (including access to Tenancy Services and the Independent Tenancy Tribunal).
“We’ve had emergency accommodation provided to people in need with little guarantee of it being decent or suitable for their basic needs, or that it will uphold their human rights, and with no accountability process for when things go wrong.”
The emergency housing system has basic human rights obligations
The government’s emergency housing system should meet the following four obligations:
- Provide emergency housing that meets minimum decency standards and other key features of the right to a decent home.
- Do not evict anyone into homelessness.
- Uphold Te Tiriti o Waitangi alongside other human rights obligations.
- Establish effective and accessible accountability arrangements in relation to the emergency housing system.
Embedding these obligations into the emergency housing system could go some way to restoring public confidence in the system, says the Chief Commissioner, while building on the Government’s very significant efforts over the past five years to deliver a more equitable housing system. These efforts include for example, a $3.8 billion housing acceleration fund, legislative changes to improve conditions for renters, the Māori national housing strategy, and the introduction of Healthy Homes Standards.
The report recommends the Government phase out the use of commercial accommodation, such as unregulated motels, to deliver emergency accommodation as soon as possible.
The Government’s announcement last week to wind down mixed-use motels as accommodation to almost zero in Rotorua, indicates this is feasible.
A refreshed, unified emergency housing system
The report recommends replacing the current two-pronged system of emergency accommodation and transitional housing with a unified system that can meet urgent housing need.
“Transitional housing providers told us that distressing scenes from emergency accommodation could unfairly impact on their services because few people understand the distinction between emergency accommodation and transitional housing.
“I saw remarkable efforts from transitional housing providers to support and provide decent homes for people, which need to be recognised.
“These services often took a relational approach to supporting people, where manaakitanga was the common theme, rather than the transactional and at times punitive approach common in emergency accommodation.
“A relational approach better reflects te ao Māori and should be at the heart of a refreshed emergency housing system,” says Hunt.
The new system must be designed, developed, and delivered in partnership with Tangata Whenua, and respond to Māori needs and te ao Māori responses to homelessness. This partnership is imperative to ensure that Te Tiriti o Waitangi failures are not repeated or further entrenched.
A refreshed, unified emergency housing system should focus special attention on the rights, wellbeing, and needs of children and young people experiencing homelessness.
The Chief Commissioner highlighted the bravery of many people who shared their story with the Commission.
“Many people shared situations in emergency housing that had caused them considerable stress and at times trauma. It is crucial that their voices, which call loudly for change, are heard by the Government.
“I also commend the lifesaving work being done by housing and social service providers, community organisations, hapū and iwi, housing advocates, and public officials within the emergency housing system says Hunt.
The report is available on the Human Rights Commission’s Housing Inquiry website.
