A new doctoral study has found New Zealand’s disaster laws are failing to adequately protect the right to housing, leaving communities vulnerable to repeating many of the same mistakes exposed following the Canterbury earthquakes.
Research by Dr Maude Loutsch argues that while emergency response systems have evolved since the devastating earthquakes of 2010 and 2011, significant legal gaps remain that could leave thousands of people without adequate housing protections during future disasters.
The findings come as climate change increases the frequency and severity of floods, storms, coastal erosion and other natural hazards across Aotearoa.
Dr Loutsch says one of the most significant weaknesses in the current legal framework is the lack of clear protections recognising housing as a fundamental human right during and after disasters.
The Canterbury earthquakes highlighted how difficult recovery can become when people lose access to secure housing and face uncertainty about rebuilding, relocation and long-term support.
While emergency powers often focus on infrastructure, public safety and recovery management, the research suggests housing rights can become secondary considerations despite being central to individual and community wellbeing.
The study argues that these legal shortcomings disproportionately affect people already experiencing housing insecurity before disasters occur.
Low-income households, renters, Māori communities, disabled people and those living in vulnerable housing situations are often the least equipped to absorb the impacts of a disaster and can face prolonged displacement.
For many whānau, losing a home can trigger a cascade of challenges including financial hardship, disruption to education, reduced access to healthcare and the loss of important social and cultural connections.
The research also points to growing concerns around climate adaptation and managed retreat policies, where communities may need to relocate due to repeated flooding, coastal erosion or other environmental threats.
Without stronger legal protections, affected residents may face uncertainty around compensation, rehousing and long-term support.
Dr Loutsch’s work calls for housing rights to be more explicitly embedded within disaster legislation and recovery planning.
Among the reforms proposed are stronger legal obligations on government agencies to ensure access to safe and secure housing following disasters, improved accountability mechanisms and clearer frameworks for supporting communities facing relocation.
The study also highlights the need for disaster planning to move beyond emergency response and place greater emphasis on prevention, preparedness and resilience.
As climate-related risks continue to increase across New Zealand, the research argues that governments can no longer treat housing as an afterthought in disaster management.
Instead, housing security should be recognised as a cornerstone of recovery and community resilience.
The findings arrive as councils, iwi, government agencies and communities grapple with how to respond to growing environmental threats and the realities of climate change.
For Māori communities in particular, the protection of housing is closely linked to whakapapa, whenua and the ability of whānau to remain connected to their communities and cultural identity.
The research concludes that without meaningful legal reform, New Zealand risks repeating many of the housing failures experienced after Canterbury, potentially leaving future generations exposed to the same hardships.
With severe weather events becoming more common, the study serves as a warning that the next major disaster may not be a question of if, but when.
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