Human Rights Commission
Media release

15 October, 2009

Proposed new wording will water down basic human right

A bill before Parliament will significantly water down provisions that prohibited restrictive covenants that effectively entrenched discrimination against low income and vulnerable New Zealanders in new housing developments.

The Affordable Housing Act, which will be repealed if the Infrastructure Bill passes unchanged, contains provisions against the use of restrictive covenants that aim to exclude from certain housing developments affordable housing, social housing and supported housing for people with mental and physical disabilities.

While the Infrastructure Bill transfers these provisions to amendments in the Property Law Act the revised wording states that the provisions only apply if it is “a principle purpose” of a restrictive covenant.

The Affordable Housing Act states: “A covenant over land is void if one of its purposes is to stop the provision of affordable housing or social housing on the land.”

Chief Human Rights Commissioner Rosslyn Noonan said the revised wording created grave concern. “This proposed amendment appears to prohibit discrimination while effectively making it easier for developers to close out those on low incomes, and those New Zealanders who need group or assisted housing.”

Ms Noonan, speaking before the Transport and Industrial Relations Select Committee hearing submissions on the Infrastructure Bill in Parliament today, recommended that if the Affordable Housing Act was repealed, the suggested change to the Property Law Act should retain the original and clearer wording in the Affordable Housing Act.

The provision of affordable housing was a core part of an adequate standard of living, a basic human right and while the Commission recognised providing affordable housing was a complex issue, Ms Noonan said the Affordable Housing Act had given local authorities some additional powers to encourage its provision.

“It is a cause of real regret that this will diminish and it is paramount that the clear protections provided against discrimination in housing developments are preserved.”

To download a copy of the Commission’s submission on the Infrastructure Bill, click here

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