A University of Auckland legal scholar is warning that Aotearoa risks repeating mistakes exposed by the Canterbury earthquakes and Cyclone Gabrielle unless stronger legal protections are put in place to safeguard people’s right to housing during disasters.
Dr Maude Loutsch says as extreme weather events and natural disasters become more frequent and severe, New Zealand must rethink how it approaches disaster recovery and housing security.
Her research argues for a human rights-based approach that recognises housing as more than simply buildings and infrastructure. Instead, housing should be viewed as a fundamental human right connected to dignity, culture, community, wellbeing and identity.
The warning comes as many communities across the country continue to grapple with the long-term impacts of floods, storms, earthquakes and climate-related emergencies.
Loutsch’s analysis examines disaster responses in Tonga, Japan and New Zealand, including the aftermath of the Canterbury earthquakes and Cyclone Gabrielle. The research identifies significant gaps between legal commitments and the reality experienced by affected communities.
One of the key findings is that existing laws and disaster response mechanisms are fragmented, creating uncertainty around responsibilities and limiting accountability when people lose access to safe and adequate housing.
The research highlights a number of shortcomings in current approaches, including a narrow understanding of housing rights, insufficient attention to human rights standards during recovery efforts, limited participation by affected communities in decision-making processes, and inadequate avenues for redress when people believe they have been treated unfairly.
For Māori communities, housing security is often deeply connected to whenua, whakapapa, whānau and cultural identity. When disasters force people from their homes, the impacts can extend well beyond physical damage and affect social, cultural and emotional wellbeing.
Loutsch argues that governments must take a more active role in defining, promoting and monitoring the right to adequate housing before disasters occur rather than responding after the fact.
Advocates say stronger protections would help ensure that recovery efforts place people and communities at the centre of decision-making and that vulnerable groups are not disproportionately affected during times of crisis.
The research also raises broader questions about how Aotearoa prepares for the growing impacts of climate change, with scientists warning that severe weather events are likely to become more frequent in coming decades.
As communities continue to recover from recent disasters, the study serves as a reminder that rebuilding homes is only part of the challenge. Ensuring people can maintain connections to their communities, culture and support networks is equally important.
With climate-related emergencies becoming an increasing reality, experts say strengthening housing rights now could help prevent future disasters from creating deeper social and economic inequalities.
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