Monitoring Human Rights in the Canterbury Earthquake Recovery A report by the Human Rights Commission Whakaora Rü Whenua Waitaha he Aroturuki Tika Tangata He pürongo nä te Kähui Tika Tangata December 2013 Human Rights Commission InfoLine 0800 496 877 (toll free) Fax 09 377 3593 (attn: InfoLine) Email [email protected] www.hrc.co.nz Language Line and NZ Sign Language interpreter available If you have a hearing or speech impairment, you can contact the Commission using the New Zealand Relay Service. NZ Relay is a telecommunications service and all calls are Brooklands Community Farewell Sunday September 9 confidential. www.nzrelay.co.nz On 9 September 2012, Brooklands community, which has been Tämaki Makaurau – Auckland zoned red, held a goodbye celebration for residents. It was a Level 3 Zurich House, 21 Queen Street bittersweet occasion for residents and featured performances PO Box 6751, Wellesley Street, by local school children and a memory walk through the Tämaki Makaurau/Auckland 1141 suburb that included the dairy, the play centre and the fire Waea/telephone 09 309 0874 station. Residents were invited to ‘individualise their memory Waea whakaahua/fax 09 377 3593 boats’ and to use these “as a symbol of your journey – from the Brooklands that was … to your new hopes and dreams.” Te Whanganui ä Tara – Wellington The walk ended at the lagoon where people released their Level 1 Vector Building, 44-52 The Terrace boats into the water. PO Box 12411, Thorndon, A senior fire fighter at Brooklands Volunteer Fire Brigade Te Whanganui ä Tara/Wellington 6144 is featured on the cover launching his boat at the lagoon. Waea/telephone 04 473 9981 He says of the day: “It was not an overly happy day, no one Waea whakaahua/fax 04 471 6759 wanted to move on … I hope the report delves deep as there are certainly a lot of unanswered questions.” Ötautahi – Christchurch Level 2 Moeraki Suite, Plan B Building All photographs in this report are by Margaret MacDonald 9 Baigent Way, Middleton unless otherwise stated. PO Box 1578, Ötautahi/Christchurch 8140 Waea/telephone 03 379 2015 Waea whakaahua/fax 03 353 0959 ISBN 978-0-478-35654-0 (print) ISBN 978-0-478-35655-7 (online) MONITORING HUMAN RIGHTS IN THE CANTERBURY EARTHQUAKE recoverY 3 Monitoring Human Rights in the Canterbury Earthquake Recovery A report by the Human Rights Commission Whakaora Rü Whenua Waitaha he Aroturuki Tika Tangata He pürongo nä te Kähui Tika Tangata December 2013 4 MONITORING HUMAN RIGHTS IN THE CANTERBURY EARTHQUAKE recoverY Contents 6 Kupu whakataki 29 Section 3: Policies and services 7 Foreword from the Chief Commissioner Wähanga 3: Ngä whakautu kaupapa me Whäninga korero nä te Amokapua te whakaratonga mahi 8 Acknowledgements 29 Service delivery response 31 Policy responses 9 Executive summary 32 The Government offers Tahühü Whakaräpopototanga 9 Human rights in the earthquake recovery 41 Section 4: The Canterbury home repair 9 The Human Rights Commission’s role programme – key actors 10 The purpose of this report Wähanga 4: Te hötaka whakapai whare Waitaha – ngä kaiwhakatau matua 10 Overview: the Commission’s analysis 41 The Earthquake Commission 42 Fletcher Construction earthquake recovery 12 Summary of recommendations 43 Private sector insurers Ngä tutohutanga 45 Community perspectives on the progress of repairs 15 Introduction Körero whakataki 52 Community voices: Repairs 15 The context 55 Section 5: The impacts of the Canterbury 16 A note on sources and methods earthquakes on housing 19 Scope of the report Wähanga 5: Te pänga mai o te rü whenua ki ngä whare noho 21 Section 1: Why human rights matter 58 Affordable Housing Whai rawatanga Wähanga 1: He aha ai ngä tika tangata 59 The impacts of the earthquakes on housing 21 The importance of human rights supply and demand 21 The importance of human rights in civil 66 Community voices: Affordability emergencies 73 Habitability 22 Human rights in action: what are human Käinga nöhanga rights principles 74 International human rights standards 75 New Zealand law and policy 25 Section 2: The legislative reponse to the 76 Post-earthquake improvements to Canterbury earthquakes housing stock Wähanga 2: Te rü whenua Waitaha me te 79 Community Voices: Habitability urupare ä ture Recommendations 25 The Crown-iwi recovery partnership 82 Accessibility and housing 26 The Canterbury Earthquake Recovery Strategy He nöhanga taurima MONITORING HUMAN RIGHTS IN THE CANTERBURY EARTHQUAKE recoverY 5 83 Accessibility in private dwellings 146 Kupu whakatepe 84 Enabling accessible design 147 Human rights protection toolbox 89 Recommendations 90 Belonging, stability and security of home 154 Appendices Türangawaewae, pümautanga me te 154 Appendix 1: Glossary noho hü 90 What responsibilities does the New Zealand 156 Appendix 2: The international human rights Government have framework 92 The impact of the earthquakes on housing 160 Appendix 3: United National’s human rights security and vulnerable groups instruments signed by New Zealand 101 Community voices: Security of tenure 161 Appendix 4: Monitoring economic 103 Recommendations and social rights What is human rights monitoring? 105 Section 6: Health CESR goals in designing a framework Wähanga 6: Hauora Features of the OPERA framework 107 The impacts of the Canterbury earthquakes: secondary stressors 164 Appendix 5: Community actors in 113 Meaningful participation: why it matters Canterbury earthquake recovery 116 Bringing a participatory approach to 166 Endnotes vulnerability assessment 122 Community responses: Participation 125 Health and social connectedness 131 Positive steps: psychosocial recovery 133 Recommendations 135 Section 7: Business and human rights Wähanga 7: Ngä tika tangata me te pakihi 135 The relevance of human rights to business 135 Human rights and business in the Canterbury earthquake recovery 144 Recommendations 6 MONITORING HUMAN RIGHTS IN THE CANTERBURY EARTHQUAKE recoverY Kupu Whakataki Whakataka te hau ki te uru Cease the winds from the south Whakataka te hau ki te tonga Cease the winds from the west Kia mäkinakina ki uta Let light breezes blow over the land Kia mätaratara ki tai and sea E hï ake ana te atäkura he tio Let the red-tipped dawn come with a sharpened air He huka, he hauhunga A touch of frost, a promise of a glorious new day Haumi e! Hui e! Täiki e! Join together, gather, intertwine! MONITORING HUMAN RIGHTS IN THE CANTERBURY EARTHQUAKE recoverY 7 Foreword from the Chief Commissioner Wähinga körero nä te Amokapua The Canterbury earthquakes represent one of New Human rights standards are relevant to the way Zealand’s greatest contemporary human rights in which people are able to move on with their challenges. Some of the challenges faced by affected lives following a natural disaster, to how they people, such as access to adequate housing, are can participate in decisions that affect them, similar to those experienced by people in other parts and to how they can access information about of New Zealand. Others are unique to Canterbury, themselves and their property. The Commission such as the stress and health issues related to strongly believes that a people-centred housing, insurance, and community dislocation, earthquake recovery process will lead to better stressors caused by the earthquakes, as well as the outcomes for everyone. There are outstanding response to them. It is clear that the Government examples of this approach in Canterbury, such recognises the importance of human rights in the as the redesign of the Canterbury health system, earthquake recovery. This is reflected in the steps led by the Canterbury District Health Board. The it has recently taken to address the psychosocial Canterbury Earthquake Recovery Authority’s health of the people who are most stressed. work in the area of social and cultural recovery also shows a strong commitment to enabling The aim of this report is to encourage influencers people, whänau and communities to have greater and decision-makers to apply a human rights involvement in decisions that affect them. approach, by putting human rights principles at the centre of decision-making in civil emergencies, and Although it is now more than three years since more broadly, at the centre of the shaping of social, the September 2010 earthquake, the recovery economic and development policy. This report looks is still unfolding and new human rights issues back at some of the human rights challenges arising continue to emerge. Lessons from the Canterbury through the recovery over the past three years, recovery should be drawn on to achieve better and also highlights positive aspects of the recovery realisation of human rights in New Zealand. I hope related to human rights. that all of us – Government, local government, non-governmental organisations and the business The earthquakes caused loss of life, serious injury sector – take active steps to ensure a human rights and disruption in homes, jobs, businesses, schools, approach is further embedded in the recovery, and sports and recreation. The ongoing dedication incorporated into future disaster responses. and efforts by the key agencies involved in the recovery have enabled many affected people The Commission will continue to offer its to move on with their lives. However, many support and expertise to all those involved in the people affected by the earthquakes continue to Canterbury recovery. It will also continue to work experience deteriorating standards of living and directly with people affected by the earthquakes impacts on their quality of life that go beyond the to help them to realise their rights, and to immediate effects of the disaster. The admirable connect them with key decision-makers who can efforts of those involved in the recovery will be ultimately help them through the recovery. better realised as agencies involved increasingly work together across the system to deliver the best outcomes, and when the people affected are involved in identifying and defining those outcomes.