Housing New Zealand and Indirect Discrimination: The Case of Winther

Abstract

The primary function of Housing New Zealand (HNZ) is to provide rental housing, principally for those who need it the most. This is codified in s 18(2)(a) of the Housing Corporation Act 1974. HNZ thus has a statutory obligation to house New Zealanders, who without their assistance would be homeless. Access to housing is a fundamental human right. Although it is not enshrined in the New Zealand Bill of Rights Act 1990 (BORA), the right is protected under international law.1 HNZ is not an ordinary landlord. It is fulfilling the Government’s responsibility of housing New Zealanders, who otherwise could not afford adequate accommodation. If HNZ decides to terminate a tenancy, a significant problem may ensue, from the evicted tenant having nowhere else to live. Further in doing so, HNZ will arguably be in breach of their statutory duty under s 18(2)(a).