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Mandates of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context and the Special Rapporteur on the rights of indigenous peoples

Author: Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination, & Victoria Lucia Tauli-Corpuz Special Rapporteur on the rights of indigenous peoples, Published on: 17 August 2019

22 March 2019

...[W]e would like to bring to the attention of your Excellency’s Government information we have received concerning the proposed construction of 480 houses by Fletcher’s Living Ltd on Puketapapa, a land plot of 32 hectares near Auckland, which has strong spiritual, cultural and archaeological meaning to the Te Wai o Hua o Ihumātao (Maori community). Concerns have been voiced to us about this housing project, including its alleged negative effects on the land, cultural heritage and community well-being. Concerns have furthermore been raised about the lack of adequate and inclusive consultation with the Te Wai o Hua o Ihumātao in relation to the project as well as in relation to the prior designation of the land as a special housing area for development of intensive urban housing (SHA62) in 2014 under New Zealand’s Housing Accords and Special Housing Area Act 2013 (HASHAA).

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...[W]e express our concern about the proposed construction of housing for commercial sale on their traditional land. We are furthermore concerned about the alleged lack of adequate participation of the Te Wai o Hua o Ihumātao in relation to the designation of Puketapapa as Special Housing Area 62 (SHA62) in 2014, under the Housing Accords and Special Housing Area Act 2013 (HASHAA).... 

The case of SHA62 also seems to reflect a broader challenge in terms of ensuring a human rights-based approach to national housing strategies. Of specific concern is the fast-track procedure of the Housing Accords and Special Housing Area Act 2013, which does not allow for adequate consultations with the Maori. In addition, the HASHSAA section 80 appears to limit avenues for judicial review.

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