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- Title
Housing Discord: A Case for the Protection of Natural Justice Provisions in Fast-Track Housing Legislation.
- Authors
HUGHES, MADISON
- Abstract
This article argues for the protection of natural justice provisions in fast-track housing legislation. New Zealand's ongoing housing affordability and supply issues precipitated the introduction of the Housing Accords and Special Housing Areas Act 2013 (HASHAA). The Act provided a fast-track alternative to the existing Resource Management Act 1991 consenting process. However, the HASHAA's absence of effective notification, objection and appeal provisions for proposed land developments has had significant implications for natural justice. Such provisions cannot be justifiably excluded from fasttrack housing legislation, notwithstanding housing crisis concerns. Sound consultation with all stakeholders ensures better developments in the longterm and fosters community acceptance of housing projects. The inclusion of natural justice provisions also need not discourage development, but rather allow for tempered pragmatism. Further, the HASHAA's shortfalls disproportionately prejudice Māori and other affected community groups' interests. Without such natural justice requirements, profitoriented developers are unlikely to consult sufficiently with Māori and other relevant community groups. The Ihumātao land dispute is a prime example of the legislation's real-life consequences. This article asserts that the distinct Māori and Western philosophies on land use can be harmonised by aligning future housing legislation with the "third law" of Aotearoa. Accommodating different views ensures that one cultural account does not dominate the decisionmaking process. After critically examining the HASHAA's shortfalls, this article demonstrates how future fast-track housing legislation may be susceptible to the same problems and recommends how these issues can be prevented. It also outlines some interim measures to preserve natural justice until any such legislation materialises.
- Subjects
HOUSING; RESOURCE management; PUBLIC housing; JUSTICE; MAORI (New Zealand people)
- Publication
Te Mata Koi: Auckland University Law Review, 2021, Vol 27, Issue 1, p157
- ISSN
0067-0510
- Publication type
Article