Those caught in housing crisis need a system that's accountable

Thursday, 15 September 2022

TVNZ's Sunday investigation into the conditions in Rotorua's emergency housing triggered calls for action.

Paul Hunt is the Chief Human Rights Commissioner

OPINION: The stories that emerged from some Rotorua emergency and transitional housing last week are alarming. But they come as no surprise to those who have experienced the sharp end of the housing crisis in Aotearoa New Zealand – whether as individuals or whānau in desperate need of shelter, or social service providers trying to respond to an ever-increasing need.

We are facing a housing crisis rooted in decades of neglect and system failure. The crisis exposes a failure of human rights and democracy. For years, democratic institutions with the responsibility to anticipate and tackle emerging crises failed to do their job.

A claim now before the Waitangi Tribunal, brought on behalf of whānau, hapū and iwi from across the country, argues the Crown failed to deliver state services and support Māori access to adequate housing.

As part of our own housing inquiry, the Human Rights Commission has been looking into conditions in emergency and transitional accommodation, including in Rotorua. We have sought to make constructive behind-the-scenes contributions, highlighting a human rights-honouring approach that uplifts the dignity and respect of all people.

* Putting our house to rights on the right to housing

Fenton St in Rotorua, site of many of the “alarming” stories about transitional housing. Since Covid-19 has hit, Rotorua’s motels have been filled with homeless clients instead of tourists. (File photo)

* Housing a human rights calamity, commissioner says

* Govt moves from paying motels to house homeless to buying its own in Rotorua

* The slow - but necessary - transition away from emergency housing

Hunt says the ‘right to a decent home’ was practically invisible in New Zealand, despite promises made by politicians.

* 'Inhumane conditions': Green Party minister condemns some emergency housing

I commend the work of the Government in delivering more than 10,000 additional public homes. I also recognise the leadership of iwi and hapū providers, and the hard work of many organisations in central and local government and in social services, to make a real difference for those in emergency and transitional housing.

In Rotorua, the Government has worked in partnership with Rotorua Lakes Council and Te Arawa to pilot a new approach to transitional housing. This aims to deliver dedicated, contracted motels with appropriate facilities and wrap-around social support services. The housing hub is steered by Te Taumata o Ngāti Whakaue and run by a collective of local providers and agencies. Such initiatives aim to move our emergency and transitional housing systems away from the wild west of unregulated motels, towards more holistic support.

But these new approaches require skilled service providers and accountable oversight to be delivered effectively. Those in crisis have few places to turn when the system goes wrong. They cannot go to the Tenancy Tribunal for help because emergency and transitional housing is excluded from the Residential Tenancies Act. Nor is there a Housing Commissioner or Ombudsman to ensure they are treated with fairness and dignity. We’ve heard that many feel unable to complain even when their motel rooms are unsafe, filthy, or mouldy, despite paying 25% of their income every week for the accommodation.

Instead, the Government tells providers “the agreement for accommodation and the rules of stay are between you and the client”, leaving some to introduce unreasonable rules such as bans on all visitors, including family members. We’ve heard stories of tenants feeling harassed and afraid of the security services that are supposed to make them feel safe. We’ve also heard from service providers concerned that untrained, inexperienced motel and security staff often breach residents’ human rights.

On Monday, the Ministry of Housing and Urban Development released a draft Code of Practice specific to transitional housing, which intends to set out basic rights, responsibilities and accommodation standards. This framework is long overdue, but compliance won’t be enforceable until some time in 2023. We understand the ministry is also reviewing the emergency housing system and hope it will acknowledge that the current model of emergency motel accommodation is not adequately respecting the human rights of individuals and whānau.

Since December 2021 the commission has been calling for improved accountability in the housing system. Accountability must be constructive, effective, and accessible to those in need. The situation in Rotorua illustrates why we made that recommendation: vulnerable communities need proper accountability to protect their dignity and rights.

Proper accountability would mean there is somewhere for residents to turn if they feel the provider is treating them unfairly, discriminating against them, or making them feel unsafe. It could also evaluate and make recommendations to improve the emergency and transitional housing systems.

It will take a collective effort to transform our emergency and transitional housing systems, and everyone has a part to play: central and local government, members across the whole of Parliament, iwi and hapū, the private sector, communities and individuals. We must commit to it now, so that we can deliver the right to a decent home for everyone in Aotearoa New Zealand.

CORRECTION: The fifth paragraph of this opinion piece has been corrected to make it clear not all 10,000 new public homes referred to were built by Kāinga Ora, but that this is the total of additional public homes from all sources, including Kāinga Ora and community housing providers. (Amended: 5/10/22 – 9.59am).