Government department submission template
First New Zealand Report on
Implementing the United Nations Convention on
The Rights of Persons with Disabilities
— Draft only —
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First New Zealand Report on Implementing the United Nations Convention on the Rights of Persons with Disabilities
Overview 3
Articles 1 to 4 5
Article 5 - Equality and non-discrimination 11
Article 6 - Women with disabilities 12
Article 7 - Children with disabilities 13
Article 8 - Awareness-raising 16
Article 9 - Accessibility 17
Article 10 - Right to life 21
Article 11 - Situations of risk and humanitarian emergencies 21
Article 12 - Equal recognition before the law 22
Article 13 - Access to justice 22
Article 14 - Liberty and security of the person 23
Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment 25
Article 16 - Freedom from exploitation, violence and abuse 27
Article 17 - Protecting the integrity of the person 29
Article 18 - Liberty of movement and nationality 29
Article 19 - Living independently and being included in the community 30
Article 20 - Personal mobility 33
Article 21 - Freedom of expression and opinion and access to information 34
Article 22 - Respect for privacy 36
Article 23 - Respect for home and the family 37
Article 24 - Education 37
Article 25 - Health 42
Article 26 - Habilitation and rehabilitation 43
Article 27 - Work and employment 44
Article 28 - Adequate standard of living and social protection 49
Article 29 - Participation in political and public life 49
Article 30 - Participation in cultural life, recreation, leisure and sport 51
Article 31 - Statistics and data collection 52
Article 32 - International cooperation 53
Article 33 - National implementation and monitoring 54
Annex: Information i
Overview
A short history
1. The New Zealand government’s vision of full participation and improved wellbeing for disabled people evolved over time, with a critical turning point occurring in the 1970s with deinstitutionalisation and a new paradigm of social inclusion.
2. The New Zealand Disability Strategy has supported this vision: The New Zealand Disability Strategy (the Disability Strategy) was adopted in legislation in 2001[1]. Cementing the requirement for a disability strategy in legislation strengthened the focus on disabled people. The Minister for Disability Issues is required to report to Parliament annually on progress in implementing the Disability Strategy.
3. The Disability Strategy emerged from, and drove, a systemic response to concerns about the way disabled people were treated and included changes to policies, legislation, infrastructure and service delivery. It involves a paradigm shift from exclusion and care outside mainstream society to inclusion and mainstreaming as the default option, with dedicated services for disabled people where this is not possible.
4. We have developed a strong alignment with the Convention: The articles of the United Nations Convention on the Rights of Persons with Disabilities (the Convention), which New Zealand ratified in September 2008, built upon and advanced the principles underpinning the Disability Strategy. Because of our early work under the Disability Strategy, New Zealand believes it is well advanced in its progressive implementation of the Convention.
5. The legislative framework is positive: The rights of disabled people are set out in overarching, inclusive legislation, with secondary legislation reinforcing this. There are few distinctions on the basis of particular disability types, mostly around presumed competence.
6. Disabled people are essential partners: Part of the Disability Strategy’s strength is that disabled New Zealanders have firmly claimed ownership of it. Forging partnerships between government and the disability sector has enabled us to make progress towards our vision.
7. Disabled people themselves know what is, and what is not, working well in New Zealand. They are essential partners as they know the reality of what actually happens and can feed back information to the government.
The current situation
8. There is leadership at the highest level: Today, disabled New Zealanders live and increasingly work within their communities. They have an advocate at the highest level of government, the Minister for Disability Issues, supported by a Ministerial Committee on Disability Issues. New Zealand’s focus is to support disabled people to be valued and productive contributors who live “ordinary lives”.
9. There is a vision for disabled people: Many examples of policies and services that aim to support inclusion and improved wellbeing for disabled people are described in this report. These cover a number of sectors including health, education, transport and many others. There is much to be celebrated.
10. There are overall priorities for action: Full realisation of the rights of disabled people and their inclusion into New Zealand society is a multi-generational goal. The New Zealand Government has identified its priorities in the disability area and is taking concrete actions to achieve them. These priorities are:
• accessible New Zealand - with communities accepting disabled people and providing accessible transport, information, communications and broadcasting
• modern disability supports – providing support as early as possible to strengthen families and allow disabled people to look after themselves wherever possible
• contributing citizens – ensuring disabled people can achieve at school and in paid work, have access to justice and experience the full rights of citizenship.
11. There is active engagement with the sector: These government priorities were identified following consultation with the disability sector. The government continues to engage with the sector in the development of policies and practices. In the preparation of this report, a sector reference group commented on drafts of this report and their feedback was incorporated. This was followed by wider discussions with disabled people, disability groups and the general public, prior to the finalisation of this report.
Our challenges
12. Discrimination and barriers still exist: Considerable barriers still lie in the attitudes of wider society and in its day-to-day practices. To some extent, disabled people are still seen as a marginalised group who need to be cared for and have special provisions made for them. The government is aiming, through the Disability Strategy and the implementation of the Convention, to make practices inclusive of all groups and empower disabled people to make their own decisions.
13. Data about disabled people needs to be improved: Robust analysis and planning is difficult without data. Statistics on disabled people are now being collected that will allow us to better identify the problems they have and the outcomes they are achieving.
14. The underlying philosophy and the government’s commitment are consistent: However, practice can and sometimes does, fall short. While the list of support services is impressive, there is a comparable list of instances where service ideals are not realised.
The future
15. We are committed to progressive realisation: The global economic crisis and budget pressures in New Zealand are challenging. Despite budget pressures, new funding has been put into disability support services, and plans exist to help redress weaknesses in services as part of progressive realisation.
16. Progress must continue: Many examples of good practice exist and are mentioned in this report. But good practice needs to become more commonplace and strengthen over time. Disabled people say there is still much further to go.
Articles 1 to 4
A New Zealand data snapshot[2]
17. Across all New Zealanders:
• 10 percent of children aged 0-14 years have a disability
• disability increases with age - 20 percent of adults aged 45-65 years and 45 percent of adults aged 65 years and over are disabled
• disability is relatively equal between male and female, except for children; boys make up 59 percent of disabled children.
18. There are significant differences in disability rates across different ethnicities.
19. The 2006 Disability Survey found that an estimated 95,700 Māori living in New Zealand were disabled. Adjusting for the different age structures of the Māori and non Māori populations, the age-standardised disability rate for Māori was 19 percent and the rate for non-Māori was 13 percent. Sixty-one percent of disabled Māori adults had more than one type of disability.
20. The most common disability types for Māori adults aged 15–64 years living in households were[3]:
• mobility – an estimated 28,100 or 8 percent of all Māori adults in this age group
• agility – 23,100 (7 percent)
• psychiatric / psychological – 16,400 (5 percent)
• hearing – 15,600 (5 percent).
21. There were more disabled Māori women (an estimated 37,200) than Māori men (30,200). This was 19 percent of all Māori women and 18 percent of all Māori men. Māori women had higher disability rates than non-Māori women in all age groups. Māori men had higher disability rates than non-Māori men in all age groups except those aged 75 years and over.
22. For further statistical information see Annex.
23. The Disability Strategy contains specific objectives promoting the participation of Māori and Pacific Island peoples[4] and there are separate health plans for Māori[5] and for Pacific Island people[6].
Legislation - New Zealand laws are consistent with the Convention
24. Before New Zealand ratified the Convention, it reviewed all of its legislation and amended 23 Acts to ensure its legislation was consistent with the Convention. It was recognised that the Mental Health (Compulsory Assessment and Treatment) Act 1992 needed more attention but was deemed sufficiently compliant in its current form. The Juries Act 1981 retained an exclusion for intellectually disabled people and those whose impairment indicates they would be unlikely to be competent to serve (based on an individual’s assessed capacity).
25. The Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 are the primary pieces of legislation that protect the rights of disabled people. They provide the standard for all other legislation to be measured against in terms of human rights. Disabled people are using the mechanisms under these and other Acts to challenge discrimination.
Government provides services and support for disabled people
26. The New Zealand government funds services (including direct financial assistance) to support disabled people. Disabled people receive extra support from a range of government agencies. Government-funded disability-related support services include personal support, employment assistance, equipment purchase and modifications to homes, to name just a few.
27. This report describes the range of services that exist. Disabled people in New Zealand say that all of these services are not yet consistently available.
28. In New Zealand there are specific disability-related income supports in the form of Sickness Benefit, Invalid’s Benefit, Disability Allowance and Child Disability Allowance (see Annex for more information).
29. The Accident Compensation Corporation (ACC) government agency provides income support and compensation for people who have an impairment resulting from an injury and/or an accident. The services provided by ACC are different from those in the health and disability support system and this difference has been the subject of litigation. They tend to be more co-ordinated than health services and are financed by levies rather than capped funds from general taxation. In Trevethick v Ministry of Health Justice Dobson held in the High Court that the defendant discriminated between those who had a disability as a result of an accident and those who had a disability as a result of an illness. However, because the cause of a disability is not a prohibited ground of discrimination under the Human Rights Act 1993, it did not constitute unlawful discrimination.
What surveys tell us
30. Many New Zealanders experiencing disability face barriers to full participation in society. The 2006 Household Disability Survey[7] found that:
• 38 percent of disabled adults aged 25-64 years had no educational qualification, compared to 18 percent of non-disabled adults of that age
• 60 percent of 15–64 year olds with a disability were employed in 2006, compared to 80 percent of non-disabled 15–64 year olds
• 39 percent of disabled adults aged 15-64 years had annual personal incomes of less than $15,000, compared to 28 percent of non-disabled 15-64 year olds
• 66 percent of disabled adults aged 25-64 years were partnered compared to 76 percent of non-disabled people of the same age[8].
Many definitions of disability are used in New Zealand
31. Different definitions of disability are used for different purposes.
32. The Disability Strategy defines “disability” as the process which happens when one group of people create barriers by designing a world only for their way of living, taking no account of the impairments other people have. Disability relates to the interaction between the person with the impairment and the environment. Using this definition helped shift New Zealand’s focus from a medical to a social model of disability, where people self-identify barriers in society that have disabled them.
33. For the purposes of prohibiting discrimination, the Human Rights Act 1993 defines disability as:
• physical disability or impairment
• physical illness
• psychiatric illness
• intellectual or psychological disability or impairment
• any other loss or abnormality of psychological, physiological, or anatomical structure or function
• reliance on a guide dog, wheelchair, or other remedial means
• the presence in the body of organisms capable of causing illness.
34. This definition has been the subject of consideration before the Courts and has been found to be an exhaustive list of what constitutes a disability.
35. Statistics New Zealand, which collects statistics on disability, defines disability as any self-perceived limitation in activity resulting from a long-term condition or health problem; lasting longer or expected to last longer than six months or more, and not completely eliminated by an assistive device. These definitions are used to determine legal coverage or clarity for data collection.
36. Another type of definition relates to administrative eligibility for services, which incorporates a requirement to manage within fixed resources. The Ministry of Health uses the definition approved by the government to determine eligibility for disability support funding and services: “a person with a disability” is a person identified as having a physical, psychiatric, intellectual, sensory or age-related disability (or a combination of these), which is likely to continue for a minimum of six months and result in a reduction of independent function to the extent that ongoing support is required. The Ministry of Transport defines disability as a measured loss or reduction of physical or intellectual ability (resulting from an impairment) to perform an activity in the manner or within the range considered normal for a human being. The Ministry of Social Development uses a medical model to determine eligibility for financial support for disabled people through Sickness and Invalid’s Benefit (see Annex).
New Zealand is committed to progressive realisation of the Convention
37. The government is committed to the full implementation of the Convention through progressive realisation over time. A Ministerial Committee on Disability Issues was established in February 2009 and it is developing a co-ordinated disability action plan focussing on the priorities which have long been talked about by disabled people. The Ministerial priorities have been identified and will be progressively worked on.
The Disability Strategy provides the overarching direction for government
38. The Disability Strategy provides the overarching direction for government agencies to follow in the design of policy and provision of services impacting on disabled people. It is organised around 15 objectives that promote changing New Zealand from a disabling to an enabling society. Government agencies must consider the needs of disabled people as part of their planning cycles and report on progress annually. A number of local councils[9], including large ones such as Auckland and Christchurch, have developed strategic plans and/or action plans based on or making reference to the Disability Strategy.
39. An independent implementation review found central government agencies have undertaken a significant level of activity to implement the Disability Strategy but more is needed to produce real improvements in outcomes for disabled people[10].
The Government is committed to consultation and partnership
40. The government has made a commitment to consult and work in partnership with disabled people. Disabled people’s representatives were included in developing the Convention and continue to be involved in developing polices and initiatives and providing feedback on how well these are implemented.
41. In New Zealand:
• the Office for Disability Issues is the key government point of contact and is in regular contact with disability groups
• the Ministerial Committee on Disability issues, headed by the Minister for Disability Issues, has asked for regular meetings with disabled people and disability organisations
• several government agencies and many councils are supported by disability advisory groups
• each of our 21 District Health Boards has a Disability Advisory Committee
• the Ministry of Health meets several times a year with a Disability Services Consumer Consortium, which includes a range of non government organisations made up of disabled people.
Moving towards the future - new resources and initiatives
42. Important things are already happening while the disability action plan is being developed. There is funding for a new public attitudes campaign which is now being planned with disabled people. A comprehensive monitoring process for the Convention involving disabled people is being implemented (see Article 33).
43. In addition to its ongoing commitment to existing disability support services, the 2010 New Zealand government budget delivered an extra $93 million to expand existing disability support services over the next four years. Of this amount, $72 million over the next four years will improve access to disability support services and includes:
• $25.5 million for home and community support services
• $3.4 million for other disability support services
• $21 million for residential services for people with intellectual disabilities
• $7.9 million for supported independent living
• $2.7 million for respite care.
Article 5 - Equality and non-discrimination
Legislation forbids discrimination
44. New Zealand’s legislation forbids discrimination on the basis of disability but does allow reasonable accommodation.
45. Reasonable accommodation means the rights of a disabled person need not be met if doing so would be unreasonable. There is considerable uncertainly about what reasonable accommodation is. It is often the subject of debate with issues of risk, practical difficulty and cost being used as a rationale not to include disabled people or to charge them more for services. In Smith v Air New Zealand Mrs Smith, a disabled woman who required oxygen, argued that Air New Zealand’s policy requiring individuals to pay for the provision of supplementary oxygen on their flights was discriminatory. (Because of the safety concerns inherent in bringing supplementary oxygen on to a plane, Air New Zealand requires passengers on domestic flights to pay for the cost of obtaining oxygen and associated equipment from a particular supplier rather than using their own equipment.) The Human Rights Tribunal and later the High Court held that it was unreasonable for Air New Zealand to provide supplementary oxygen without any additional cost.
46. The increased focus on disabled people given by Ministers should help advance inclusive practices. The government is also working on guidelines for government agencies on reasonable accommodation.
Employment policies
47. Legislation prohibits discrimination of an employee based on disability unless employment of the person would require unreasonable services or facilities or pose harm to the person or others.
Discrimination nevertheless exists
48. Despite legislation, New Zealand society continues to discriminate. In 2008, 57 percent of people responding to a nationwide survey of perceived discrimination identified disabled people as being subject to a great deal or some discrimination. This compares to 61 percent in 2000[11].
49. An online survey in November 2009[12] identified that the top three issues for disabled people were access to education, employment and equal life opportunities. Other disability-related issues mentioned included: access to New Zealand Sign Language (NZSL) interpreters, access to communications technology for Deaf people[13], social acceptance of disabled people, equal pay for disabled people, and the rights of Māori disabled to have their own voice.
50. A double barrier exists for disabled Pacific Island peoples with both language and cultural barriers limiting access to information, understanding of disability conditions and knowledge of services and supports.
We have mechanisms to resolve complaints about discrimination
51. One of the functions of the Human Rights Commission is to provide information to the public about discrimination and to help resolve complaints about discrimination. Disability is the most common ground of complaints to the Human Rights Commission (see Annex for more information).
52. In 2010, the Human Rights Commission received $300,000 extra funding for 2010 to 2013 to take a greater role in monitoring and addressing discrimination on the basis of disability.
Article 6 - Women with disabilities
53. New Zealand is a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
New Zealand situation – disabled women are disadvantaged
54. Eighteen percent (or 332,600) of women aged 15 years and over report having a disability, although this is highly variable by age[14].
55. Disabled women are disproportionately represented among those who lack qualifications, those who do not work and those who are living on a low income. The labour force participation rate of disabled women is significantly lower than for disabled men and non-disabled women. Disabled women’s unemployment rate is also higher than that of non-disabled women and disabled men (see Annex, Table 6).
56. Disabled women’s low participation rates in employment and education indicate that their skills and talents are not being fully utilised when compared with non-disabled women. Detachment from education and employment also means that disabled women are more likely to experience poor social and economic outcomes across their life course. There are few, if any, targeted programmes in employment or education focused on disabled women or girls.
57. Women, including disabled women, suffer the impact of domestic violence (see Article 16). Women’s refuges, which provide a safe place for women, are not always suitable or accessible for disabled women.
But there are policies that focus on disabled women
58. The Ministry of Women’s Affairs (MWA), a government department, is tasked with addressing disparities for all women. MWA monitors disabled women’s participation in education and the workforce.
59. Both MWA and the Office for Disability Issues run nomination services suggesting female candidates for leadership vacancies on State Sector Boards. The success rate of nominations is low and could be improved.
60. Reducing violence against women, including disabled women, is another priority area for MWA. From July 2007 to September 2009, MWA researched effective interventions for adult victims of sexual violence. While samples sizes were small, one study found 33 percent of victims of sexual violence interviewed[15] indicated that they had a disability or impairment[16].
61. The Taskforce for Action on Violence within Families is working in the area of reducing the impact of violence against women, including disabled women (see Article 16).
Article 7 - Children with disabilities
Full enjoyment of rights for disabled children
62. Disabled children and young people are entitled to the same health, education and other services that non-disabled children and young New Zealanders receive. New Zealand is a signatory to the United Nations Convention on the Rights of the Child (UNCROC).
63. The Code of Health and Disability Consumers Rights applies to disabled children and young people as well as adults.
The population of disabled children differs by type of disability and by gender
64. In 2006, 10 percent of New Zealand children ages 0-14 years had an impairment. Boys accounted for 59 percent of this group, approximately 90,000 children. More than half of disabled children had an impairment that existed at birth. Approximately one quarter of disabled children had an impairment caused by disease or illness. Just over half of all disabled children (52 percent) had a single impairment and the remaining 48 percent had multiple impairments.
65. The majority of disabled children had low or medium support needs[17].
66. Approximately 10 percent (523 of the 5,000 children) under the care of the government child protection agency Child Youth and Family were identified as having a disability[18].
67. The number of diagnoses and hospital admissions for some impairments or conditions are different for boys than girls. For example, more boys than girls are diagnosed with autism spectrum disorder. On the other hand, more girls than boys have Rett syndrome[19].
68. Of the 7,589 children with special education needs[20] receiving support to access early education, 2,247 are girls and 5,322 are boys. For children in primary and secondary schooling, of the 6,886 students with high support needs, 2,565 were girls and 4,321 were boys.
Best interests of the child
69. New Zealand works under the principle set out in legislation that the welfare and best interests of the child or young person are paramount, so far as those wishes can be understood.
70. Children and young persons are no longer placed into large care institutions, as happened in the 1950s and 1960s in New Zealand. Children are supported to stay with their families or live in community homes and smaller units within existing hospitals (see Article 14).
We have a voice for disabled children
71. The Office of the Children's Commissioner advocates for the best interests of all children and young people in New Zealand and monitors how their rights are respected and upheld.
72. The Children’s Commissioner has the statutory responsibility and requirement to promote practices allowing children to have input into issues that affect them. The Commissioner operates a Child Rights Line open to the public. He uses a Young People’s Reference Group and regularly meets with children and young people. These groups include disabled children.
73. Through the Ministry of Youth Development and the Children’s Commissioner, children and young people (with and without disabilities) are given the opportunity to participate in and contribute to decision-making.
74. In government’s dealing with care and protection cases, the expression of the child or young person’s views and their full participation in decisions made about them is encouraged. Since 2008, disabled children in government care have received special support from five child disability advisors.
There are strengths in the system for disabled children
75. The objective of disability support services for children, young people and their families is to provide support to enable children to live with their families. Children stay with their families wherever possible. There is a back up system of foster and respite care where families cannot cope.
76. In the health sector, the government funds a range of health care and disability support services for disabled children and young people, including child development services, respite services and other disability support services.
77. The Ministry of Health, for example, funds and supports all District Health Boards to ensure all new born babies are screened for hearing impairment and given appropriate treatment and support, including the provision of cochlear implants or hearing aids.
78. In terms of policy and legislation, children with special education needs (whether because of disability or otherwise) have the same rights to enrol and receive education at public schools as all other children. Education standards state all children and young people are valued and their participation and potential as learners should be maximised (see Article 24).
But the weaknesses are also evident
79. In practice, not all disabled children have access to the supports that they need. With limited resources in the health and education systems, both access to and the amount of resources provided can be less than parents see as necessary (see Articles 5 and 24).
80. In cultures with traditionally strong hierarchical structures (eg Pacific Island peoples) parents often make decisions on behalf of their children. This can mean that the views of children, particularly disabled children, are not always heard within their immediate or extended family. Better information and raised awareness should make an impact on this (see Article 8).
81. Services for disabled people can be piecemeal or fail to focus on their needs because they are delivered or funded by different agencies in an uncoordinated way.
82. Attempts are being made to improve this situation. For example, interagency agreements such as Memoranda of Understanding between government agencies can assist in shared planning and service provision.
Article 8 - Awareness-raising
There have been effective public awareness campaigns in mental health
83. The Ministry of Health has funded a range of programmes to reduce stigma and discrimination associated with mental illness:
• The Like Minds, Like Mine programme is an evolving ten-year programme including research and evaluation, mass media and partnership with people who have experienced mental illness. Evaluation shows the programme’s continued success in changing the way New Zealanders think and behave in relation to mental illness.
• The National Depression Initiative includes a multi-media campaign raising awareness of depression and encouraging people to seek help. Internet, text and telephone based support and information assist people with self-help and accessing treatment. The campaign’s youth website has received numerous national and international marketing effectiveness awards.
• Mental Health 101 is a mental health literacy training programme aiming to increase knowledge about mental health and mental illness and to counter stigma and discrimination.
We are building public understanding of disabled people
84. Training on awareness of disabled people as clients and as fellow employees is provided for public servants within their departments (see Article 27).
85. The Office for Disability Issues promotes awareness of issues for disabled people through a range of public forums eg websites and newsletters.
86. A public awareness campaign focused on disabled people is being developed. In 2010, the Government announced it will provide $3 million from 2010 to 2013 for a public awareness campaign to promote changing attitudes and behaviours that limit opportunities of disabled people. This is a positive and important initiative.
Article 9 - Accessibility
87. Legislation and policies require government agencies to develop inclusive services and systems so there are no accessibility barriers. The reality is that significant barriers still exist in buildings, transport, employment and access to information. But New Zealand has a number of initiatives underway to improve accessibility.
There are many positive policies
88. One of the objectives of the Disability Strategy is to support quality living in the community for disabled people, including health, public building access, transport and access to government services.
89. District Health Boards and primary health care services are required to provide accessible health services.
90. Disabled people can apply for employment assistance to remove physical barriers, so they can gain or retain open employment.
91. Training workshops to assist key people who support those who have communication difficulties are undertaken across the country each year.
92. ACC aims to restore health, independence and participation to the maximum extent practicable for people injured by accident. This support includes modification of houses and provision of aids that remove environmental barriers.
Effort is made to ensure buildings are accessible
93. Reasonable provision must be made for disabled people to visit or work in publicly accessible buildings. There are detailed construction provisions for new buildings so disabled people, particularly wheelchair users, can undertake normal activities in buildings. The provisions that must be made depend on the building type and function.
94. Every time a building is altered or changes its use, the local council can decide what upgrading of the access for disabled people is reasonably practicable. The government can make formal determinations on whether or not buildings comply with the Building Code. The Office for Disability Issues is consulted on whether remedial work is required as part of this process. These decisions are binding on the parties concerned.
95. In addition, the government has issued free guidance documents to the building industry and officials on disabled access and set up an advisory panel to identify research gaps and provide advice on the issue of disabled people’s access.
96. If a building does not comply with the Building Code, then any person with an interest, including a disabled person, can apply for a “determination” the work does not comply and remedial work then needs to be carried out. The Department of Building and Housing consult with Office for Disability Issues on whether any exemptions should be approved.
97. National standards for retirement villages deal with accessibility to, and alteration of, residential units to meet the needs of disabled residents and the need for communications policies and procedures for residents with limited ability to communicate.
98. Many local councils have disability reference groups made up of disabled people and experts who advise the authority on accessibility and other issues affecting disabled people.
There are initiatives in relation to urban design
99. New Zealand believes that successful towns and cities should be inclusive communities that respect and celebrate diversity and care for the disadvantaged. The Urban Design Protocol, a voluntary framework co-ordinated by the Ministry for the Environment, provides that “successful towns and cities accommodate all citizens and offer opportunities for young and old, people on low incomes and disabled people”.
There are policy and practical housing initiatives to assist accessibility
100. The government, through the Housing New Zealand Corporation (the Corporation), manages a rental housing portfolio of over 69,000 homes, of which 2,635 have been modified for disabled people. In 2008/2009, approximately $3.5 million was given to community-based organisations to provide social housing for disabled people. Extra funding has been allocated for disabled people to use in an overall drive to improve house insulation.
101. Since January 2001 the Corporation has been working with households with disabled members to help reduce the risk of housing-related health problems under its Health Housing programme. In 2008/2009 this programme assisted 1,007 households. This included 20 households needing needed disability-related modifications or design improvements. In 2008/2009, the Corporation assisted 265 disabled people into modified homes.
102. The government is also involved in supporting and promoting accessible housing. The Corporation is reviewing and updating its housing standards to ensure houses are adaptable, accessible, inclusive and lifetime usable. The government is also working with a non government organisation, and funding the promotion and licensing of design standards for new residential houses accessible by disabled and older people (the Lifemark project).
There are transport policies to help disabled people move around the community
103. Regional public transport plans, prepared by regional councils, must describe how transport services will assist the transport disadvantaged ie those people who are the least able to get to basic community activities and services. The New Zealand Transport Agency (NZTA) plays a key role in assisting the development, implementation and monitoring of these plans. It has developed a range of guidance for local councils, including requirements for urban buses and pedestrian planning and design guides that cover the mobility and access needs of disabled persons, for example. The NZTA also administers and assists with the development of land transport rules, including the design and construction requirements for wheelchair hoists, ramps and occupant restraints.
But surveys reveal the difficulties for disabled people
104. A report[21] on accessible public land transport found that significant numbers of disabled people in New Zealand have difficulties with using public land transport services: buses, trains, taxis and the related services and infrastructure. Other research[22] confirms these challenges. This is despite the considerable progress that has been made in improving the accessibility of the public transport system. In 2010, the Human Rights Commission will be reviewing the extent to which the report’s recommendations have been implemented.
Information should be accessible
105. Government agencies operate a number of websites that should be accessible to all, including disabled people. As accessibility varies greatly across agencies, the government is providing additional training and support to help agencies reach full accessibility. It is developing a self-assessment tool to aid agencies in meeting the Government Web Standards and to assist in reporting compliance. This is scheduled to be implemented in 2011.
106. The Government Web Standards are a key lever for enabling the development of accessible websites and are based on the international accessibility standards — the Web Content Accessibility Guidelines developed by the World Wide Web consortium.
107. Access to broadband varies across New Zealand. The government is committed to achieving nationwide broadband coverage. This is important for Deaf people, who need broadband to access sign language information on the internet.
108. New Zealand has set up the New Zealand Relay Service, allowing Deaf people to place telephone calls through the internet or by text phone.
109. The New Zealand Police have worked with the Deaf community to develop an emergency text service to the Police, which will receive an immediate response.
Sign language is encouraged to enhance accessibility
110. Legislation aims to promote and maintain the use of New Zealand Sign Language (NZSL) by:
• declaring NZSL to be an official language of New Zealand
• providing for the use of NZSL in legal proceedings (such as Courts)
• setting competency standards for the interpretation of NZSL in legal proceedings
• stating principles to guide government departments in the promotion and use of NZSL.
111. The use of NZSL interpreters and audio-visual links is expanding in the judicial system. Regulations setting interpreting competency standards are still to be developed.
112. The Ministry of Social Development provides an online link to a sign language DVD outlining its services. Other government agencies provide sign language translations of information on an ad hoc basis.
113. A review of the NZSL Act 2006 is currently underway, looking at its operation and whether any amendments to its scope and contents are necessary or desirable.
For the future
114. Improving accessibility is a priority that the Ministerial Committee on Disability Issues is currently working on as part of its disability action plan.
Article 10 - Right to life
115. New Zealand law provides that, once born, no one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice. New Zealand respects an individual’s right to life from birth irrespective of impairment. This protection applies equally to all people (see Article 12).
116. Feedback suggests that disabled people can be perceived as having a lower quality of life as a result of their disability and this attitude feeds into decisions on medical treatment. These negative attitudes to disabled people are beginning to be addressed through a public awareness campaign (see Article 5).
117. Assisting a person to commit suicide is illegal in New Zealand.
Article 11 - Situations of risk and humanitarian emergencies
National situations of risk
118. In civil defence situations, hazards need to be managed in ways that contribute to the social, economic, cultural and environmental wellbeing and safety of the public and the protection of property.
119. Those with responsibilities for civil defence are encouraged to take into account the composition of their communities and to assess likely impacts on disabled people, so they can mitigate the risk. Recent initiatives to include disabled people in civil defence situations include:
• a NZSL DVD for deaf people that addresses their specific needs
• public education resources for hearing impaired people to enhance the availability of civil defence emergency management information were distributed to all local councils in 2010
• public education resources for the sight impaired will be distributed in 2011.
120. In the September 2010 7.1 magnitude earthquake in Christchurch[23], disabled people worked in partnership with Civil Defence. Civil Defence contacted representatives of the Deaf community who used their networks to inform the Deaf community of Civil Defence updates. Civil Defense releases were translated into NZSL and a Facebook page was set up. Television New Zealand, the free to air public television channel, captioned its television coverage the day of the earthquake, ensuring hard of hearing and Deaf people were kept up to date.
International relief
121. New Zealand's international humanitarian responses to disaster and/or conflict are needs based, with a focus on the most vulnerable including groups such as disabled people (see Article 32).
Article 12 - Equal recognition before the law
122. Equality before the law is a fundamental principle of the New Zealand justice system. Disabled people have full rights, along with other New Zealanders.
123. Disabled people under compulsory care and treatment have rights under the law.
124. The government provides legal aid to anyone who is eligible to receive it, including disabled people. The government does not directly fund or provide support to disabled people to exercise their legal capability or manage their financial affairs.
125. Health and disability service providers assist consumers in supported decision-making processes and must comply with protections under the Code of Health and Disability Consumer Rights.
126. The Protection of Personal and Property Rights Act 1988 sets out conditions for enduring powers of attorney providing welfare and property guardians. It has a presumption of competence, which was an important paradigm shift. Practice, however, is still problematic. The enduring powers of attorney system does not adequately address support for decision-making or involvement of the person under guardianship.
Article 13 - Access to justice
127. Disabled people have full rights to access justice, including briefing processes and instructing lawyers.
128. The government provides a range of services to ensure that disabled people have effective access to justice on an equal basis and can participate in legal proceedings. These services include NZSL interpreters and accessible courthouses and the use of audio-visual links in legal proceedings.
129. Disabled people can serve on a jury, although their right to serve can be challenged if their specific impairment means that they are not capable of acting effectively as a juror. People with an intellectual disability can be excluded on the basis that they lack the necessary capacity, as individually assessed.
130. It is evident from the experiences of disabled people that, in practice, too often disabled people are not treated in a way that ensures equal access.
Access to justice includes people in compulsory care
131. People under compulsory care and treatment have effective protections provided by law, such as judicial oversight, court representation, a right to legal advice and a right to an interpreter. Other safeguards include regular clinical assessments and the means to have a compulsory order reviewed. A right of appeal exists for disabled people with mental illness under compulsory treatment orders.
132. An intellectually disabled person or a person with a mental illness who has committed an imprisonable offence can be found unfit to stand trial or acquitted by reason of insanity by a Court of Law. These individuals are diverted away from the penal system and provided with compulsory care and rehabilitation in specialised secure facilities or specialised residential care.
Training is delivered to support this access
133. Ministry of Justice staff are trained about disabled people and their rights and the facilities and services to assist disabled people’s access to Court services. Disabled people comment that the training is not comprehensive across all justice staff.
Article 14 - Liberty and security of the person
134. The right to liberty makes no distinction on the basis of disability.
135. Strict conditions exist for determining compulsory care and treatment, and people under compulsory care orders are protected by monitoring and review mechanisms that ensure an individual’s liberty and security is not unlawfully or arbitrarily compromised. In practice, some commentators believe New Zealand takes a conservative approach in judging competence, creating difficulties for people being released from compulsory treatment. No evidence is available to confirm this view.
De-institutionalisation began 30 years ago in New Zealand
136. Large institutions for disabled people in New Zealand no longer exist. In 1973, the government rejected the medical model of care for people with an intellectual disability and the use of large institutions in favour of community care.
137. A community care programme was implemented with the aim of transferring people out of institutions into community homes in suburban and small town settings. The last of these large care institutions (Kimberley) was closed in 2006. Inpatient mental health care is now provided in mental health units and other specialised inpatient units in the public general hospital system.
138. This shift from institutions to community homes took around 30 years. It involved working with the families of disabled residents and the people living in areas around community homes to achieve acceptance and also ensure that community support services were available to disabled people moving into communities. This is an ongoing challenge.
Community care still faces a number of issues.
139. While the majority of communities have welcomed disabled people, some have been reluctant to accept the presence of homes for disabled residents. However, government agencies have been strong users of town planning processes to ensure disabled people who were formerly in large institutions have their right to live in the community respected.
140. In 2008, legislation was passed to prevent discrimination against particular groups by making it difficult for land developers to impose controls on subsequent purchasers and tenants of that land, such as exclusion of houses for people with intellectual disabilities or mental illness[24].
141. Another issue is the limited choice that people in community homes have in choosing their fellow residents, the house that they live in and their daily activities. Part of this is due to the limited resources available and in part seems to be a continuation of the view that disabled people need to be cared for and protected rather than empowered. The implementation of the independent living model for disabled people should counter much of these problems (see Article 25).
People in compulsory care are encouraged to be involved in decision-making
142. Where the property or welfare of a person without full mental capacity is under control of a guardian, the Court must make this guardianship the least restrictive intervention possible in the life of the person. The guardian must encourage the person to exercise and develop their capacity to the greatest extent possible. The first consideration for a welfare guardian is the promotion and protection of the person’s best interests. If a property manager is appointed, the manager is required to consult with the person and prepare an annual statement about the property which must be filed in a Court. There are review processes for decisions of welfare and property managers.
Complaints are investigated
143. Where people have been deprived of their liberty, New Zealand Ombudsmen, who are independent Officers of Parliament, can investigate complaints against central and local government agencies and examine and monitor the treatment of persons detained in a range of establishments.
144. The Independent Police Conduct Authority (the Authority) is an independent body that considers complaints against New Zealand Police and oversees their conduct. The Authority considers complaints from all people, including disabled people, about Police misconduct or neglect of duty, or Police practices, policies and procedures.
Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment
145. New Zealand protects the rights of disabled people so they are not subjected to torture and cruel treatment, or to medical and scientific experimentation. It is a criminal offence to neglect or ill-treat a patient or proposed patient subject to compulsory treatment.
New Zealand has ratified the Optional Protocol under the Convention against Torture
146. In January 2007, New Zealand submitted its fifth periodic report under the Convention against Torture. This provides an outline of New Zealand’s compliance with the obligation to ensure that no one (including disabled people) shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Following consultation with disabled people, New Zealand ratified the Optional Protocol to the Convention against Torture in 2007.
147. As required by the Optional Protocol, New Zealand has designated several independent National Preventive Mechanisms including the Ombudsmen, the Independent Police Conduct Authority, the Children’s Commissioner and Visiting Officers appointed in accordance with relevant Defence Force Orders.
148. The Human Rights Commission, as the central National Preventive Mechanism, will co-ordinate the activities of the national monitoring bodies and liaise with the Subcommittee of the UN Committee against Torture.
The principle of informed consent applies to all New Zealand citizens
149. All consumers of health and disability services are covered by the Code of Health and Disability Consumer Rights. Informed consent is a key right enshrined in the Code.
150. Young people under 16 years of age may consent to medical treatment if they have sufficient understanding of the significance of the proposed treatment. Young people aged 16-19 years under compulsory treatment for mental illness may be treated as adults for the purposes of giving consent.
151. Guidelines exist around the limits of non-consensual treatment for people under compulsory assessment and treatment for mental illness. Outside of these limits a patient must give written consent for treatment and that written consent can be withdrawn at any time.
152. The safeguards in legislation do not at times have sufficient effect. The sector has identified problems to do with the Mental Health (Compulsory Assessment and Treatment) Act 1992 and others to do with assumptions by health professionals.
Anyone can seek an inquiry about treatment
153. In addition, there is a right for any person detained in a hospital under a Court order to be able to apply to the High Court to direct an inquiry on any matter the judge sees fit relating to people under compulsory care and treatment. The relevant provisions demonstrate “…the inherent jurisdiction of the High Court to maintain a protective and supervisory function over those who are under a disability”[25].
154. The Director and Deputy Director of Mental Health have the power to inspect any aspect of a mental health service and to direct an inquiry be undertaken. District inspectors are responsible for visiting services, reporting and conducting inquiries into service issues and alleged breaches of a patient’s rights. District inspectors’ responsibilities also cover care recipients with an intellectual disability who are subject to compulsory court orders.
There have been concerns expressed about the use of seclusion
155. The Mental Health Commission and the Human Rights Commission have advocated for increased scrutiny and decreased use of seclusion. Mental health services report all seclusion events to the Ministry of Health, which monitors their appropriateness. The Ministry of Health has published guidelines about seclusion for the mental health sector, reflecting its ongoing commitment to promote a culture where, over time, seclusion use will gradually decrease.
Redress for historical abuse
156. An inter-agency Confidential Listening and Assistance Service was established in 2009. The service provides assistance to persons who allege abuse or neglect or have concerns about their time in State care (in health, welfare, or residential special education sectors), prior to 1992. It is expected to operate for five years.
Article 16 - Freedom from exploitation, violence and abuse
157. Disabled people have protections from exploitation, violence and abuse through legislation. Facilities and support services for disabled people are independently monitored.
Protections for disabled people
158. When sentencing an offender, a Court must take into account aggravating factors including the offender committing the offence because of their hostility towards a group of persons who have an enduring common characteristic, such as a disability or impairment.
159. Contracts and specifications for relevant disability support services, especially residential services, have explicit expectations that disabled people are protected from exploitation, violence and abuse.
New Zealand is working to reduce violence in families
160. Violence, particularly domestic violence, is an issue for New Zealand society, not just for disabled people. A primary cross-government initiative in this area is the Government’s Taskforce for Action on Violence within Families. The Taskforce has identified the lack of New Zealand information on which to take effective action for disabled people. Overseas evidence suggests that disabled people are at higher risk of domestic violence and abuse than non-disabled people.
161. The government is working with a collective of non government organisations, the Disability Coalition Against Violence, to redress these problems. Since 2008, Disability Coalition Against Violence has led and participated in many anti-violence projects, partially funded by the government. The work includes:
• ensuring the disabled voice is heard when there are hui (meetings) and korero (discussions) about domestic and family violence
• supporting disabled people to tell their stories of violence and abuse and raise public awareness and knowledge about the issues through the Disability Clothesline project
• developing a training package on the relationship between violence and disability and best practice responses. The Speaking Out training has recently been trialled in four places around the country.
162. The government funds the New Zealand Council of Victim Support Groups to provide support services to victims of crime and trauma, including disabled people.
There are a number of independent monitoring mechanisms
163. The government funds a number of independent organisations including the Human Rights Commission, the Independent Police Conduct Authority, the Privacy Commissioner, the Health and Disability Commissioner and the Legal Services Agency to monitor government performance and behaviour. The services of these Crown entities are available to disabled people.
164. In addition, there is a system of monitoring and regular auditing of health services by independent agencies as well as by the organisations themselves.
165. The Ministry of Health and the District Health Boards audit and evaluate the services they fund. There is a free complaints telephone line where complaints (including anonymous complaints) on health matters are received and followed up. If necessary, information can be passed on to the Police who may undertake an investigation into an allegation. The Ministry of Health is kept informed of any Police investigation.
166. There is a regime of professional accountability for health professionals – including professional health disciplinary tribunals. The regimes ensure that personal healthcare is provided in an ethical manner and that significant breaches are dealt with by appropriate disciplinary proceedings.
Article 17 - Protecting the integrity of the person
Protection from non-consented treatment
167. Informed consent is a fundamental principle of health and disability care in New Zealand that extends to people under compulsory care for mental illness and addictions.
168. All health and disability services consumers must be informed of their rights, be treated with respect and receive services in a manner that has regard for their dignity, privacy and independence.
169. Court-ordered assessment and treatment does not negate the need for clinicians to obtain informed consent if possible at each stage of assessment and for all treatments.
170. New Zealand has a comprehensive system of checks and balances to monitor the treatment of persons held in detention facilities, including forensic psychiatric facilities, or those people subject to compulsory care or treatment orders.
Sterilisation
171. Under New Zealand law, everyone has the right to refuse to undergo any medical treatment. This right is subject only to such reasonable limits as can be justified in a free and democratic society.
172. The Code of Health and Disability Consumers’ Rights protects people in New Zealand from forced sterilisation. There are clinical guidelines in place for the management of menstrual bleeding and fertility in girls with intellectual disabilities, which were developed by the Paediatric Society. The intention of these guidelines is to support practitioners to make an evidence and principle-based decision about what treatment should be offered to a girl and her family. The parents or guardian make a final decision about sterilisation for that particular girl or woman if she is not capable of doing so.
Article 18 - Liberty of movement and nationality
173. All New Zealanders, including disabled New Zealanders, have the right of freedom of movement.
174. The right to New Zealand citizenship and to hold a New Zealand passport is based on birth and descent — there is no distinction on the grounds of disability.
175. Every birth in New Zealand must be registered by law.
176. Some people with specific disabilities such as mental illness and intellectual disability can be detained for compulsory assessment and treatment, or compulsory care and rehabilitation for offenders with an intellectual disability. Some of these people may be restricted in terms of where they reside or their freedom to leave New Zealand. People subject to compulsory assessment and treatment for mental illness will receive a community-based order unless the person cannot be treated adequately as an outpatient and provided that community care is appropriate to meeting their needs and social circumstances.
The Immigration Act is of concern for disabled people
177. Immigration policies do not distinguish between disabled people and other foreign nationals. However, foreign nationals in New Zealand are required to meet health requirements in order to be granted a visa and residence permit. In general, people meet health requirements if they:
• do not pose a public health risk for example, have active tuberculosis
• are unlikely to impose excessive costs or demands on New Zealand’s health and special education services.
178. A person who does not meet the health requirements may be eligible for a waiver and still be granted a visa and residence permit. The Minister of Immigration also has the discretion to grant residence where a person does not meet, and is not eligible for a waiver from, the health requirements.
179. The requirement not to incur excessive costs or demands is designed to protect New Zealand’s limited health and special education resources. This requirement does not technically discriminate on the basis of disability or medical condition. Being a small country with limited resources, these resources are directed to people, including disabled people, who are already New Zealand citizens or residents.
Article 19 - Living independently and being included in the community
The underlying philosophy promotes independent living
180. New Zealand’s policy on living independently and being included in the community supports the inclusion, participation in society and independence of disabled people.
181. The definition of what constitutes disability support services in New Zealand includes an emphasis on services for disabled people that promote their inclusion and participation in society and their independence.
182. Community-based care is the primary option for people who require compulsory assessment and treatment for mental illness, unless the patient cannot be treated adequately as an outpatient.
A new model has the potential to enhance this
183. In June 2010, the New Zealand government agreed in principle to the key components of a new model for disability supports funded through the Ministry of Health. The proposed new model is intended to ensure there will be:
• a stronger focus on providing information and personal assistance including through introducing Local Area Coordinators
• moving towards allocating an indicative dollar value of support and providing people with more flexibility over how the funding is used rather than allocating particular types of support
• more choice and control for people over the support they purchase, by making individualised funding available to most people and for most supports, and making contracted supports and services more flexible and focused on outcomes
• broadening accountability arrangements to cover government agencies, providers and disabled people, and taking a stronger focus in quality monitoring on whether people are living an everyday life.
184. In order to test the feasibility of this proposal the government agreed to one or two demonstration sites. The demonstration project is scheduled to start in late 2010.
Community support services aim to enable independent living
185. Support services funded by the Ministry of Health focus on assisting disabled people to live in their own homes and access their communities. The range of services include household assistance and personal care to live at home, equipment and modification services, supported living, residential support services and support for family members where they are the primary carer of a disabled person.
186. There is an ongoing debate about the degree to which families should care for and support disabled children and adults and the degree to which this is the responsibility of the State. A particular issue is whether families should be paid to care for their disabled family member; currently they are not.
Housing services contribute to independent living and community inclusion
187. Disabled people who require modified housing are assisted through the government agency Housing New Zealand Corporation’s Suitable Homes Service (sSee Article 9 for more details).
188. The Corporation leases housing to government funded community providers to provide suitable group housing and care and support services to people with specialised needs, including disabled people. At present, 1,148 properties are provided to organisations that target their services to the needs of people with intellectual, physical and psychiatric disabilities.
Local health services also support this goal
189. Independent living schemes are funded by District Health Boards for clients with mental illness, including accommodation and a support worker. Community support workers provide mental health-specific support to an individual. The government funds a supported living service, which provides a personal assistant who supports the disabled person to be independent.
Residential services are targeted to particular impairment types
190. Residential services are available and targeted to particular impairment types eg people with an age-related disability, mental health need, an intellectual disability or a physical disability. The government funds supported accommodation options in community based home-like settings where the majority of disabled people live. Today, 90 percent of mental health consumers receive community based care. However, many community residential services are still institutional in nature.
191. Residential services (with five or more beds) are required to meet appropriate environmental and safety standards.
192. Limited residential housing availability means that some disabled people are placed in residential facilities for older people. ACC currently has 136 clients under the age of 40 years living in residential facilities, only three of which are not in age-appropriate facilities.
193. The services that are funded and delivered for disabled people under compulsory care are a mix of residential and community services.
ACC serves people whose impairment is the result of an accident
194. ACC is responsible for restoring health, independence and participation to the maximum extent practicable for people injured by accident. The vast majority of clients present with minor injuries and are not disabled. However, ACC also is responsible for approximately 4,750 seriously injured clients who are likely, in some form or another, to need lifetime support from ACC.
195. ACC provides a wide variety of social rehabilitation services to assist in restoring independence for disabled people. Social rehabilitation covers aids and appliances, attendant care, child care, education support, home help, modifications to the home, training for independence and transport.
Article 20 - Personal mobility
Assistive aids and training to use them are provided
196. Disabled people have services and equipment such as wheelchairs, artificial limbs, specialised sonar devices for blind or visually impaired people provided to them by the government for their personal mobility. They are trained to use these assistive aids by specialist assessors.
197. The government funds orientation and mobility services to assist blind people who may use a range of assistive devices such as canes and sonar devices. It also provides a support service for people who need one or more artificial limbs, by reason of amputation or otherwise, through the New Zealand Artificial Limb Board. Limbs are fitted, made and maintained free of charge and help given with training in using them.
198. ACC may provide equipment and housing modifications giving injured clients greater personal mobility eg wheelchairs, hoists, access ramps, widening hallways and building wet-area bathrooms. Training is provided whenever carers and/or disabled people are given new unfamiliar equipment.
199. Disability assist dogs are used to enhance personal mobility. Such dogs may enter and remain in all public places free from public health regulations that exclude dogs. The government has recently expanded the definition of disability assist dogs from guide dogs for the blind to a range of other disability assist dogs. The government does not fund such dogs.
Transport support is given and is improving
200. The Total Mobility Scheme provides a subsidised taxi service to people who are unable to use public transport due to their disability. The scheme provides a subsidy of (usually) 50 percent off the normal taxi fare for those who are eligible. It also provides funding assistance for the purchase and installation of wheelchair hoists in taxi vans. There were 298 hoists in use in 2009/2010, almost three times as many as in 2004/2005. In 2009/2010, 1,587,664 trips were made. The scheme was reviewed in 2005 and recommendations made to improve the adequacy, consistency, sustainability and coverage of the scheme. These recommendations are still being implemented.
201. ACC provides a range of transport assistance to support the personal mobility of people disabled by accident or injury.
Article 21 - Freedom of expression and opinion and access to information
202. Disabled people have the right of freedom of expression, which includes the right to seek, receive and impart information and opinions of any kind in any form. Despite this right, there are complaints to the Human Rights Commission on the provision of information.
There are positive examples of good practice
203. The government supports provision of equipment and/or resources to enable a person to independently and reliably make their needs and feelings known. Assistive technology is funded along with the use of speech language therapists and other qualified professionals. A loan pool of communication assistive technology equipment has been set up to help people to identify solutions that will work well for them.
204. The Ministry of Social Development maintains a national directory of community services that is accessible to blind and vision-impaired people. It also funds the Royal New Zealand Foundation of the Blind to provide a talking books service for blind people.
205. The government is developing an information kit for parents on the services and support available for children with special education needs, with advice and information on starting and leaving school and contact information for community organisations.
Information is provided in a range of formats
206. Government agencies provide funding and information in a number of formats including Braille, talking books, NZSL, easy to read format, face-to-face consumer forums with interpreters provided, large print, audio tape and DVDs.
207. The government funds a number of organisations throughout the country to provide disability information and advice through a disability information and advice service (DIAS). This provides independent information and/or advice to disabled people, their families, caregivers, providers and the general public.
208. The Ministry of Social Development provides free phone, fax, email and text services for people to request information, provide feedback or to make a complaint about Ministry-funded disability support services.
Government websites are being made accessible
209. Government departments are asked annually about their compliance with the New Zealand Government Web Standards that focus on accessibility for disabled people. Compliance levels are rising but have not been fully achieved. Training and support is being provided to government departments who are not fully accessible to help them achieve the standards.
New Zealand sign language is an official language of New Zealand
210. Legislation promotes and maintains the use of New Zealand Sign Language (NZSL) as an official language of New Zealand, able to be used with either English or Māori. The legislation allows for regulations setting competency standards for the interpretation in legal proceedings of NZSL (see Article 9). Different government agencies have taken different actions to promote NZSL:
• In December 2009, the Ministry of Social Development produced a video and DVD in NZSL that explains the Ministry’s frontline services.
• The Ministry of Health funds interpreter Services via Deaf Aotearoa by $458,613 per year for NZSL interpreters[26]. In 2008/2009, the Ministry of Health also allocated one-off funding to Deaf Aotearoa for a range of equipment, promotional material and programmes. Other government agencies (Ministries of Social Development and Justice, New Zealand Police, District Health Boards) also fund interpreters.
• The Ministry of Justice ensures a qualified NZSL interpreter assists eligible people in legal proceedings in courts and tribunals. During 2005, it implemented minimum achievable competency standards for NZSL interpreters working in legal proceedings.
And there are further developments planned
211. The Ministry of Justice is developing national interpreter guidelines for both District and High Courts to create national consistency of service for both Court users and interpreters providing those services. The guidelines are scheduled to be developed in the 2010/11 financial year.
Article 22 - Respect for privacy
212. New Zealand protects personal information by providing a legislative framework for balancing society’s interests in the free flow of information with individuals’ interests in having some control over the collection, use, storage and disclosure of personal information about them.
213. All consumers of health services and disability support services have rights to privacy (including their private life, honour and reputation). This applies to non-disabled persons and disabled persons equally.
214. Where breaches of these rights occur, the person or their family has the right to lodge a complaint with the Health and Disability Commissioner or the Privacy Commissioner, who will investigate and rule on that complaint.
Next steps underway
215. The New Zealand Law Commission is conducting a review of privacy values, changes in technology, international trends and their implications for New Zealand civil, criminal and statute law. While no issues for disabled people have emerged to date, the conditions under which heath information should and could be shared will come under close consideration. The final report is due for release by the end of 2010. Government will then need to consider its recommendations.
Article 23 - Respect for home and the family
Disabled children have the same rights for protection as all children
216. Under New Zealand law the welfare and best interests of the child are the first and paramount consideration. This is supported through our implementation of the United Nations Convention on the Rights of the Child (UNCROC).
217. Whether or not a child or young person has a disability is irrelevant in the protection of children who are being abused or neglected. Disabled children and young people with care and protection concerns continue to access their disability supports while they are in State care.
218. A guiding principle is that disability supports will not be reduced or curtailed as a result of an intervention from Child, Youth and Family[27]. All options for supporting a disabled child or young person to remain living in their home must be fully explored before considering an out-of-home placement.
219. As disability supports are based on the needs of the individual, no additional support is available to two disabled parents caring for a child or children. In such cases additional oversight of the family can occur on the assumption that the child is more at risk of being neglected, given difficulties the disabled parents can face.
There are no prohibitions related to disability for marriage or adoption
220. Whether a person has a disability or not is no impairment to their right to marry. The experience of disabled people suggests that where both spouses are disabled they can be subject to negative societal attitudes.
221. There are no distinctions based on disability in relation to adoption.
Sterilisation
222. See Article 17.
Article 24 - Education
223. People with special education needs (whether because of disability or not) have the same rights as others to enrol and receive education at State schools.
224. There is sound legislation and principles in the education sector, but in practice we can do better. Education issues received a high number of complaints (17 percent) from disabled people to the Human Rights Commission and have been the subject of litigation.
There are options for schooling for disabled children
225. The school system has several options for disabled children including Māori language schools. Due to the widespread nature of New Zealand’s geography, not all these options are available within a given region. The majority of disabled students are mainstreamed into local schools, going to the same school and classes as other students. Despite having the right to enrol, some schools have indicated by their actions and their attitude that they are not willing to comply with their legal obligations and accept disabled students.
Additional support services are available
226. The government’s nationwide special education services provide a range of services to remove barriers to accessing education so that children are present, participating and learning within existing school services. These special education services include: orientation; accessible format materials and mobility services for the vision impaired; specialist teaching services for deaf children; speech language therapy to assist those with communication barriers; occupational and physiotherapy to assist those with physical disability barriers; para-professionals including teacher aides, interpreters and note takers; and assistive technology services such as computer hardware and software, vision equipment, specialised seating, tables and hearing devices.
227. There are qualified, experienced staff who work with young children with special education needs through to the time they start school. They provide assessment services, general information, specialist services, knowledge sharing and support to families, educators and other professionals.
228. Students in all New Zealand schools are eligible to be considered for assistive equipment funding if they are supported through one of the special education initiatives.
229. School alterations are funded to enable access for children, with approximately 50 percent of all schools modified to enhance the accessibility for all students.
230. Around 5,200 students with special education needs receive subsidised or fully funded daily school transport assistance.
231. All schools receive a grant to support students with moderate levels of difficulty. Schools with a disproportionate number of students with moderate special education difficulties may be eligible for a supplementary grant to help enhance, refine and/or further develop effective special education programmes.
The underlying principles are sound
232. Over $450 million is invested by the Government each year in special education (excluding tertiary education). This represents a major investment, and special education is a matter of considerable interest to schools and the community.
233. The principles underpinning special education policies are:
• learners with special education needs have the same rights, freedoms and responsibilities as people of the same age who do not have special education needs
• the primary focus of special education is to meet the individual learning and developmental needs of the learner
• all learners with identified special education needs have access to a fair share of the available special education resources
• partnership between parents and education providers is essential in overcoming barriers to learning
• all special education resources are used in the most effective and efficient way possible, taking into account parental choice and the needs of the learner
• a learner’s language and culture comprise a vital context for learning and development and must be taken into consideration in planning programmes
• learners with special education needs will have access to a seamless education from the time that their needs are identified through to post-school options.
234. The guidelines for all those involved with young children and school students with special education needs make no distinction on the basis of gender.
The data on access and outcomes for disabled children has limitations
235. There is a good deal of data about the numbers of disabled children and young people in schools, but data is inadequate on the educational outcomes of disabled children and young people in the school system compared to non-disabled children and young people (see Annex).
236. More than 30,000 children aged up to 21 years who have special education needs receive specialist education services. Most of these are in mainstream schools. Funding is given to schools to support 40,000 to 60,000 children with more moderate education needs.
237. There are 950 frontline specialist field staff working with and for children with specialist education needs and their families (out of approximately 2,000 staff in the Ministry of Education[28]). A further 900 part-time support workers work directly with students to implement individual student learning plans.
238. Of the 7,569 children receiving support in early childhood education, 2247 are girls and 5322 are boys. Of the students with high needs in primary and secondary schooling, 2565 are girls and 4321 are boys.
239. Approximately 2,600 Deaf and hearing impaired children and young people receive specialist education support from birth to the time they transition out of school.
240. In 2008, five percent of tertiary students identified themselves as disabled. This compares to about nine percent of the 15-44 population reported as having a disability in the 2006 Disability Survey. Disabled tertiary students make up seven percent in lower levels of the tertiary system (studying level 1-3 certificates) compared to four percent studying for a bachelor’s degree. There is no data held relating to the fields of study by disabled students.
Educational staff are supported
241. Professional development opportunities are available for teachers, with conferences and professional development websites dedicated to recognising and responding to the diverse needs of students. Information and resources to support learning and teaching programmes are all available to support teachers and educational professionals working in special education.
The reality
242. In June 2010, the Education Review Office (ERO), which monitors and reports on the performance of schools, evaluated how well schools included students with high needs. It identified three percent of the student population with significant physical, sensory, neurological, psychiatric, behavioural or intellectual impairment. The evaluation showed approximately half of the schools in the study demonstrated inclusive practice, while 30 percent had pockets of inclusive practice and 20 percent had few inclusive practices. Schools that had an ethical, committed, innovative, informed and co-ordinated approach to including students with high needs provide the examples of good practice for others to follow. Inclusive practices are not primarily a question of resources. ERO found that it was not funding that differentiated the level of inclusiveness at schools. The quality of leadership and the extent to which schools could adopt a specialised form of teaching for students with high needs were more important than funding.
243. There are insufficient NZSL sign language teachers across the country to support all Deaf and hearing impaired children to acquire NZSL or be taught through NZSL. Numbers should gradually increase as additional funding for training interpreters and more employment opportunities open up as government agencies expand their use of NZSL.
244. A number of recent complaints to the Human Rights Commission were related to people having difficulty accessing education. These matters involved problems enrolling in schools or tertiary institutions, or disabled children being suspended or excluded from schools due to behaviours associated with their disabilities. Almost a third of the complaints were regarding the reasonable accommodation or support of disabled children and young people in schools and in tertiary institutions (see Annex).
245. The fact that the government funds Special Education Facilitators to help resolve difficulties that occur between families of children with special education needs and schools is an indication that access to education and the level of support provided are not ideal.
246. Transition from education to employment is a process that starts at about age 14 as plans are developed for each disabled student. Statistics indicate poor engagement of disabled people into employment. A cross agency working group is working on addressing barriers to inclusive transition.
A review of special education was prompted by these concerns
247. The government is aware of concerns held by schools, parents and sector groups about the supports available and the outcomes being achieved by disabled children. For these reasons, the government is undertaking a Review of Special Education. This review is considering key issues such as access to schools, quality of workforce, accountability, price and volume of services and how to address these issues within existing funding. A specific sub-stream of the review is looking at the needs and resourcing of Deaf students. The review is expected to be completed by the end of 2010. Government will then need to respond to the recommendations in the review.
Article 25 - Health
248. All people have the right to adequate standards of care. The government funds a comprehensive range of personal health services, including mental health services, for both disabled and non-disabled people.
249. The majority of health services are provided through District Health Boards, which set priorities for their own communities, so the level of services can differ from region to region.
250. Ongoing monitoring and treatment programmes exist for a number of conditions. The government funds disability support services to meet the needs of disabled persons, such as habilitation and rehabilitation services. The government also funds a programme that provides free immunisation for all children to prevent illnesses which could result in secondary disabilities.
The need to improve the health of people with intellectual disabilities
251. Recent data analysis carried out by the Ministry of Health in 2010 indicates the health of people with intellectual disability in New Zealand is markedly poorer than for people without identified intellectual disability. Hospital events relating to coronary heart disease and chronic respiratory disease occur approximately 1.5 to 2 times the rate of people without an intellectual disability. Prevalence data indicates higher than average rates of diabetes, and public hospitalisations for injury and mental health conditions are over three times higher than for people without an intellectual disability.
252. The Ministry of Health recognises this is an issue and is researching options to identify what can be carried out within existing resources. The Ministry is endeavouring to ensure that clinicians working in primary health are trained on how to interact with intellectually disabled people.
Population groups of interest
253. Māori and Pacific peoples are over-represented in mental health and addiction statistics. Health strategies targeted towards Māori and Pacific people and expansion of treatment programmes by Māori and Pacific providers are being implemented to respond to this situation.
254. The government purchases specific Māori and Pacific health and disability support services from Māori and Pacific service providers modelled on their cultural values. General service standards recognise the values and beliefs of Māori and Pacific health and disability consumers, stating that individuals’ needs must be met in a manner that acknowledges their individual and cultural values and beliefs.
255. Services tend to be set up to meet the specific needs of a client group with a single impairment. When multiple impairments exist, such as mental illness plus a physical or sensory impairment, the person’s overall needs and access to appropriate services are not always co-ordinated. The government has been raising awareness among service providers about people with multiple impairments.
256. There is no overall cross health and disability sector initiative in place to train health professionals on the rights and specific needs of disabled people. There are initiatives in place for particular parts of the health and disability workforce eg trained carers who are employed in the disability support workforce and also mental health professionals. Training on disability rights and the needs of disabled people who need high level medical care is beginning to happen for specialist medical staff. At least one of New Zealand’s two medical schools has commenced training for its students in the subject of disability.
Insurance
257. It is unlawful for an insurer to refuse or fail to provide a disabled person with insurance or to treat them less favourably. Although insurers cannot refuse to provide a person with insurance, there are exceptions in certain circumstances. Insurers can include different terms and conditions in insurance policies on the grounds of sex, age or disability if the difference can be supported by statistical or actuarial data.
258. In the case of disability, differences in policies may also be allowed if, in the absence of statistical data, there is medical advice or opinion that it is reasonable to rely on. Whether the advice is reasonable will depend on how it is applied and on any other relevant factors.
Article 26 - Habilitation and rehabilitation
Maximising independence
259. The government funds a wide range of health and disability support services that contribute to habilitation and rehabilitation and in turn support independence. Participation in these programmes is voluntary. Habilitation and rehabilitation are provided in hospital and community settings. These services are not nationally consistent as each of the 21 District Health Boards set their own service priorities and funding allocations. This results in differing thresholds for eligibility. There is no overall process used that co-ordinates the different services that an individual needs.
260. Government funds are available to disabled people to assist them to overcome the barriers their impairment creates, both directly (eg Skills Investment and the Transition to Work Grant) and through non government organisations funded by government (eg Workbridge). Funds can be used to support people to gain or retain employment, to enter into further education or training, or to gain or retain self-employment.
Those disabled by accident have a separate stream of support
261. ACC is responsible for all rehabilitation arising from accidents. Medical professionals identify if a disability is the result of an accident or not and they are referred for assessment and access to ACC services. Habilitation services for this group include:
• supported activities programme – a day programme provided to groups of serious injury clients
• supported living – short-term intensive interventions that enable clients to become more independent in their daily living
• supported employment – a vocational intervention
• school to work transition.
Assistive Technology
262. See Articles 20 and 21 for information on assistive aids and equipment.
Article 27 - Work and employment
263. Disabled people have the same rights, responsibilities and protections of other workers, including the right to join a union.
Government policy supports a focus on work
264. Government policy strongly supports an unrelenting focus on work and it is actively refocusing the benefit system on this. Until recently, people receiving government financial support for disability, sickness or ill health (via sickness benefits) have been excluded from obligations to look for work. From May 2011 people on Sickness Benefit, who are assessed as being capable of working part-time, may be required to look for, and accept, part-time work.
265. The objective is a welfare system that is fair for everyone, for those receiving the assistance as well as to taxpayers who are providing the assistance. Overall, it seeks to create a welfare system that does not encourage people to remain on welfare longer than they have to, but continues to provide support to people in genuine need. It also recognises the health benefits of being in paid work.
266. As the benefit system provides a modest level of financial support, disabled people who are on benefits long-term may be at greater risk of poverty. While financial assistance is available to people in hardship, paid employment is seen as the way for people to improve their situation.
267. In 2010, the Government set up a Welfare Working Group to examine long-term welfare dependence and develop practical options for creating a more sustainable and fair welfare system. Among other things, the Welfare Working Group is examining how to promote opportunities and independence from benefit for disabled people and people with ill health. It is due to report back to Government with recommendations in 2011.
The data indicates that a big challenge remains
268. In 2006, more than one in every six people of working age (aged 15 years to 65 years) in New Zealand had a disability. Disabled people were less likely to be in the labour force and, for those in the labour force, less likely to be employed. The labour force includes people who are employed and those who are unemployed and actively seeking work (see Tables 2 and 6 in Annex).
Feedback reveals major barriers but disabled people want paid work
269. During 2009 and 2010, the Human Rights Commission undertook extensive consultations with 3,000 employers, employees and community groups about their experiences of work[29]. The evidence suggests disabled people face significant barriers in achieving good work outcomes, including:
• inaccessible infrastructure, such as buildings and public transport
• inadequate and inconsistently applied benefit and support systems
• inaccurate health and safety concerns from employers
• discrimination
• lack of part-time work
• unequal effects of the recession.
270. A survey of sickness and invalids beneficiaries in 2004 found they viewed work as contributing to a sense of freedom and identity, as well as providing opportunities to join social networks. Some beneficiaries, however, believed they have a right to be supported by the State, with no obligation to participate in paid work[30].
271. A growing number of blind people are willing to work but feel discouraged from actively doing so and a large proportion of employed blind people (42 percent) would prefer to work longer hours[31].
272. In a 2000 review of vocational services, disabled people said they wanted real work for real wages. Since then, efforts have been made to ensure that mainstream employment services are accessible to disabled people.
The government promotes equal employment opportunities
273. One of the primary goals of the Human Rights Commission is that all people in New Zealand have equal employment opportunities and access to decent and productive work. The Commission's work in this area is led by an Equal Employment Opportunities Commissioner.
274. The Equal Employment Opportunity (EEO) policy aims to eliminate workplace discrimination on the basis of gender, race, ethnicity, age and disability. EEO is a requirement across the 47,052 people employed by the government and government agencies train their staff on EEO requirements.
275. In the private sector, all employers are required to meet non-discriminatory statutory obligations. New Zealand has developed a body of laws that, taken together, offer a range of protections to workers and promote fair treatment for all. As many disabled people are reluctant to identify themselves as such to an employer because of the risk of discrimination, information on how well these protections work can be difficult to obtain.
276. Despite legislation, many private sector employers remain reluctant to take on disabled staff.
Disabled people are supported into paid employment
277. Since the 1990s, there has been a shift away from sheltered employment to supported and open employment. Sheltered employment did not provide disabled workers with the employment conditions or pay available to other workers. The focus now is on supporting disabled people into open employment alongside other workers, but with additional support where required. There are still more than a thousand people working in segregated settings in business enterprises.
278. No distinction is made on the basis of gender.
279. In 2008/2009, the government placed or supported to remain in paid employment a total of 9,384 disabled people while 19,918 people received a range of vocational services.
Vocational services are provided for disabled people
280. The government contracts with non government agencies to deliver vocational services to disabled people. Vocational services provide a continuum of support to meet the diverse needs of disabled people, including:
• placement into ongoing open employment
• financial assistance to meet the additional costs of disability in open employment, training, or self employment, including assistive technology
• supported employment services to assist disabled people to find suitable, paid employment and provide support to the person (and their employer) to help them remain in work
• business enterprises (previously known as sheltered workshops) contracted to provide employment for disabled people with wages commensurate with the productivity of the employee.
281. The government operates the Mainstream Employment Programme, which provides a package of salary and training subsidies for two years plus other support, to help people with significant disabilities get work in the State sector.
282. The Ministry of Social Development contracts Workbridge, a non government organisation that specialises in placing disabled people into work, to provide financial assistance to meet the additional costs of disability for people in employment, self-employment or undergoing training. The funding can be used to pay for assistive technology, or for modifications to equipment needed in the workplace or while training.
Employers pay regular wage rates, although there are exemptions to this
283. Employers must pay minimum wages to all workers, including disabled workers. The goal is to promote the participation of disabled people in the workforce by encouraging real work for real pay.
284. This shift from the previous system, when all disabled people were supported by a benefit and those working in sheltered employment only received a token allowance, to payment of minimum wages and guaranteed working conditions, occurred in March 2007. Previously, there was a blanket exemption from meeting pay and working conditions for all disabled people in registered sheltered workshops. The new system allows individual exemptions to paying the minimum wage when a worker is significantly and demonstrably limited by a disability in carrying out their work. All reasonable accommodations must be considered by the employer and the worker to facilitate carrying out the work. Exemptions are based on individual productivity and have to be reviewed yearly.
285. Nationally, there were 1242 exemptions at 30 June 2008, 1250 exemptions at June 2009 and 1236 at the end of June 2010.
The contribution of ACC
286. ACC has specific responsibilities regarding vocational rehabilitation to help injured people to maintain, obtain or regain employment or acquire vocational independence. It provides vocational intervention specialising in helping disabled people to find and maintain paid employment. Short-term job subsidies, equipment and assistance with workplace modifications are also provided where required. For clients with spinal cord injuries, an early intervention inpatient vocational rehabilitation service is provided at both New Zealand’s spinal units.
New developments focus on changing employer attitudes
287. Employer attitude has often been cited as a major barrier to the employment of disabled people. Many employers have indicated that it is lack of confidence and not knowing where to go for advice that stops them employing disabled people. The government has recently facilitated the development of an Employers’ Disability Network, an independent employer-led organisation that supports employers to employ disabled people. The Network provides information and support to employers to enable development of a barrier-free employment environment based on best practices. The Employers’ Disability Network has developed a website to provide employers with practical advice about the employment of disabled people.
Article 28 - Adequate standard of living and social protection
288. The provision of social security benefits in New Zealand is funded from general taxation and targeted on the basis of need. Benefits are available for people who cannot work due to sickness, injury, disability or pregnancy and also for people who are not able to work because they are permanently and severely restricted in their capacity for work or totally blind. These provide a modest level of financial support. Disabled people tend to be poorer than non-disabled people because so many of them are not in paid work. (See Annex.)
289. The government provides financial support to help people find employment and support them while they are unemployed.
290. A range of supplementary assistance is available to assist disabled people with the additional costs of living with a disability, including a:
• Disability Allowance that provides non-taxable assistance to people who have ongoing, additional costs because of a disability
• Child Disability Allowance that provides a non-taxable allowance to the principal caregiver of a dependent child who has a serious disability.
Housing
291. The government’s vision for the social housing sector is to provide the right housing in the right place and at the right time to those in greatest need. Housing need is assessed using Housing New Zealand Corporation’s Social Allocation System (see Article 9).
Article 29 - Participation in political and public life
292. The Government supports participation of all its citizens in political and public life. Recent efforts in relation to supporting disabled people to vote have proven effective.
Voting
293. Under the Electoral Act 1993, every adult New Zealand citizen or permanent resident is qualified to be registered as a voter if that person has at some time resided continuously in New Zealand for a period of not less than one year. There is no distinction on the basis of disability.
294. Mentally unwell inpatients and patients under compulsory treatment orders are entitled to vote in political elections. Some special patients and special care recipients are disqualified from voting under legislation, depending on the length of time detained under a compulsory order, or the penalty of the offence they were charged with.
295. The government, in consultation with disability groups, developed and successfully implemented an accessibility action plan for the 2008 general election. Examples of specific initiatives included:
• development of a simple plain English and pictorial Easy Guide to Voting resource for voters with learning and intellectual disabilities and their caregivers. This resource was developed in conjunction with IHC New Zealand and People First organisations[32]
• key publications were made available in accessible audio formats. Existing audio-visual material was made available for download, including TV and radio advertising
• provision of information about voting in a range of formats including Braille, audio tape and large print
• production of a sign language DVD in collaboration with the Deaf Aotearoa. The DVD uses sign language, captions and sound to explain enrolment and voting processes. The DVD was well received by the deaf community and was also widely used by groups who work with people who have learning and intellectual disabilities.
296. Following the 2008 general election, a survey of 207 disabled voters found:
• 71 percent of these voters said they were aware that they could vote in advance
• the percentage of voters with a disability that voted in advance appears to have been similar to those without a disability
• 59 percent of voters with a disability spent less than five minutes at the polling place and 88 percent less than 10 minutes
• 57 percent were able to vote unassisted and 17 percent required the assistance of election-day staff
• 81 percent of voters with a disability recall specific disability targeted electoral information.
297. In some instances, residents of community care homes received input from an independent source or agency (such as a local group of Justices of the Peace) to assist them in exercising their right to vote.
298. Planning is underway for the 2011 general election.
Support for Disabled Peoples’ Organisations
299. The government is investing $2.34 million from 2010 to 2013 to help promote, protect and monitor the rights of disabled people in line with the United Nations Convention on the Rights of Persons with Disabilities. The initiative will support disabled people to do their own monitoring.
300. As part of this, the government has committed $750,000 to resource a network of disabled people's organisations to monitor disabled people's experiences in living their life and the difficulties they encounter, such as with accessing government services (including disability supports). A qualitative research and monitoring programme has been established with oversight by the Disability Rights Promotion International Project based at York University in Canada.
Article 30 - Participation in cultural life, recreation, leisure and sport
The government has a “No Exceptions” strategy to support disabled people
301. The government requires local councils to promote the social, economic, environmental and cultural well-being of communities. Disabled people in communities are identified as a priority area for many government-funded programmes, trusts and lotteries funds.
302. Government has a “No Exceptions” approach in relation to disability sport, where investment and other support resources are provided to three lead disability sport organisations: Paralympics New Zealand (high performance focus); the Halberg Trust (physical disability sport development and participation outcomes); and Special Olympics (intellectual disability and participation outcomes). This means that decisions about investing in disability sport are made by organisations working directly with the disability sport community and ensures that more resources are going to frontline services and activities.
303. The new approach has seen investment in sport and recreation outcomes for people with disabilities increase to approximately $4.7 million from 2009 to 2012.
304. In addition, the government provides support to allow disabled people from ethnic minorities the ability to access the same services as other disabled people in New Zealand. The most successful and effective means for ethnic disabled people to access services is through Language Line, a telephone interpreting service covering 40 languages operated by the government.
305. Disabled Māori people have identified their right to access Māori culture and language is not always met. Marae (meeting houses) are generally not accessible and there are only three qualified tri-lingual interpreters (English-Māori-NZSL) in New Zealand.
Article 31 - Statistics and data collection
306. The New Zealand five-yearly census includes a question on disability. There is a subsequent Disability Survey – data exists for the 1996, 2001 and 2006 Statistics New Zealand surveys. The surveys collected information on the prevalence, nature, duration and cause of disability, demographic characteristics and on the barriers that disabled children and adults encountered in everyday life.
307. Information by disability is lacking or incomplete in most government agencies databases. Improving data collection is essential to enable better monitoring of the situation for disabled people in New Zealand.
308. The government does have a comprehensive set of national health and disability databases to measure health and independence outcomes. A large amount of health data and expenditure on health and disability support services is collected and used.
309. Examples of the use of health statistical data are:
• investigation of the health status and service use of people with intellectual disabilities
• development of a special separate national database for the 30,000 clients who receive disability supports individually allocated to them through the Ministry of Health. This database is used to generate information to help understand service use and expenditure by the Ministry’s client groups. This is used for policy development, service planning and budget management.
• publication of annual data about several health patient groups including numbers of compulsory treatment orders, administration of electro-convulsive therapy, seclusion events, special patient orders and suicide data.
Developments are planned
310. A post-censal disability survey is being developed for 2011. The content of the post-census survey on disability has been redeveloped to meet current information needs and align it more closely with the International Classification of Disability and Functioning. This survey, which will sample approximately 20,000 respondents, will commence in July 2011. Approximately 15,500 respondents will be interviewed by phone and the remaining 4,500 will be interviewed face-to-face. This Household Disability Survey will be followed by a shorter and smaller survey of disabled people in residential care.
Article 32 - International cooperation
311. New Zealand’s aid programme provides support to a number of disability-specific initiatives. Our aid programme is guided by a policy framework, which refers to the need for international co-operation to be inclusive of and accessible to disabled people. There are a number of examples that illustrate the emphasis given to disabled people (see Table 9 in Annex).
312. New Zealand is committed to the Millennium Development Goals (MDGs), including international co-operation. New Zealand’s international development assistance programme is focused on development in the Pacific and the MDGs are a crucial measurement of achievement.
313. Support for capacity building of disabled people and disabled persons organisations is an important component of support to disability through New Zealand’s aid programme. Most initiatives include an element of capacity building, from the provision of organisational capacity development to specific training courses (eg training people with disability to become disability rights advocates).
314. Support to minimise and prevent secondary or increased disability is included across some health sector programmes. This includes significant support on non-communicable diseases in the Pacific, which are a significant contributor to disability in the region. One example includes testing for diabetic retinopathy in Fiji. This service and follow-up treatment can prevent increased levels of blindness.
315. New Zealand’s aid programme recognises some groups of people as more marginalised and vulnerable than others, including within groups of people with disability. Disabled women, disabled youth and people with mental and intellectual impairment are specifically identified.
316. The New Zealand aid programme’s core funding to the Pacific Development Fund includes specific support to women and youth. The importance of specific initiatives for disabled women has been supported through the Fund with the addition of a one day meeting for disabled women each year within their Annual General Meeting. A women’s committee of the Disabled Persons Organisation in Samoa was established during one such meeting. In addition, another Fund staff member has taken on specific responsibility for people with mental or intellectual impairment. New Zealand has also supported two Pacific initiatives focused on mental health, both of which took a rights-based approach.
317. The provision and exchange of technical advice on broader issues concerning disabled people is an important part of support to the Pacific Development Fund. While some technical advice has been provided from New Zealand, support in this area is largely regionalised, meaning exchanges between the Pacific Development Fund and its members. While most Pacific disabled peoples’ organisations have limited capacity themselves, there are some indications (largely through regional meetings) that exchange between them is increasing.
Article 33 - National implementation and monitoring
Monitoring the implementation of the Convention
318. In developing an agreed position on how New Zealand should monitor the implementation of the Convention, New Zealand worked closely with government departments, independent Crown entities (the Human Rights Commission and the Office of the Ombudsmen) and the Convention Coalition (formed by six disabled peoples organisations through a memorandum of understanding).
319. New Zealand’s government focal point is the Office for Disability Issues and the co-ordinating mechanism is the Ministerial Committee on Disability Issues chaired by the Minister for Disability Issues. The Ministerial Committee is tasked with overseeing the improved effectiveness of government agencies’ implementation of the New Zealand Disability Strategy. It is a strategic, high-level commitment by the Government to disability issues. The Ministerial Committee includes a range of senior Ministers who can make decisions on disability issues and provides a co-ordination mechanism within government. The Ministerial Committee is developing a whole-of-government action plan on disability issues.
Independent agencies
320. The independent mechanism to co-ordinate efforts to promote, protect and monitor implementation of the Convention will be fulfilled by designating two existing independent public agencies, the Human Rights Commission and the Office of the Ombudsmen. The 2010 budget allocated $1.59 million from 2010 to 2013 to strengthen the independent voice to prevent the abuse of disabled people’s rights.
321. The Human Rights Commission will have a broad role in relation to all three elements: promote, protect and monitor. The Human Rights Commission will lead an ongoing programme to identify areas where disabled people are vulnerable to abuse or denial of their rights and advocate for solutions and remedies by government agencies or the private sector. The Commission will develop a strong, formal and visible domestic role promoting and protecting the implementation of the Convention and advocating for disabled people and promoting their rights. As part of this, a Human Rights Commissioner will be given specific responsibility for the rights of disabled people.
322. The Office of the Ombudsmen will have a more focused role on protection and monitoring. The Ombudsmen will receive and investigate complaints on central and local government decision-making. It can also initiate investigations under its own motion and investigate places of detention. The principal focus of the Ombudsmen will be the monitoring of the implementation of the Convention.
Civil society
323. The third element of the framework, the civil society component (principally disabled people’s organisations), is provided by the Convention Coalition. This is a group of disabled people’s organisations with a specific focus on implementation of the Convention. The major organisations involved currently are:
• DPA
• Association of Blind Citizens
• People First
• Deaf Aotearoa
• Ngati Kāpo
• Nga Hau E Wha (a network of organisations of people with experience of mental illness).
324. In the 2010 budget process, $750,000 was allocated from 2010 to 2013 for resourcing disabled people’s organisations to collect evidence directly from disabled people and report on changes in disabled people’s lives and the impact of government-funded services. This will involve implementing a qualitative research and monitoring programme, with oversight by the Disability Rights Promotion International Project (based at York University, Canada).
Annex: Further Information
Legislation
These Acts reinforce the rights of disabled people and their ability to access services to support them to live ordinary lives and support those who are vulnerable by reason of their disability.
Principal Primary Legislation
Human Rights Act 1993
New Zealand Bill of Rights Act 2000
Other Primary Legislation
Accident Compensation Act 2001
Adoption Act 1955
Affordable Housing: Enabling Territorial Authorities Act 2008
Alcoholism and Drug Addiction Act 1966
Broadcasting Act 1989
Building Act 2004 and associated Building Code
Care of Children Act 2004
Children, Young Persons and Their Families Act 1989
Children’s Commissioner Act 2003
Citizenship Act 1977 and the Citizenship (Western Samoa) Act 1982
Civil Defence Emergency Management Act 2002
Copyright Act 1994
Crimes Act 1961
Crimes of Torture Act 1989
Crown Entities Act 2004
Disabled Persons Community Welfare Act 1975
Dog Control Act 1996
Education Act 1989
Electoral Act 1993
Employment Relations Act 2000
Equal Pay Act 1972
Evidence Act 2006
Fire Service Act 1975
Fisheries Act 1996
Gambling Act 2003
Health and Disability Commissioner Act 1994 and its subsidiary code, the Code of Health and Disability Services Consumers Rights 1996
Health and Disability Services (Safety) Act 2001
Health Practitioners Competency Assurance Act 2003
Immigration Act 2009
Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Judicature Act 1908
Juries Act 1981
Local Government Act 2002 Act
Māori Television Service Act 2003
Mental Health (Compulsory Assessment and Treatment) Act 1992
Mental Health Commission Act 1998
Minimum Wage Act 1983
National Parks Act 1980
New Zealand Public Health and Disabilities Act 2000 and the New Zealand Disability Strategy
New Zealand Sign Language Act 2006
Passports Act 1992
Privacy Act 1993
Protection of Personal and Property Rights Act 1988
Public Transport Management Act 2008
Retirement Villages Act 2003
Sale of Goods Act 1908
Sentencing Act 2002
Social Security Act 1964
Social Welfare (Transitional Provisions) Act 1990
State Sector Act 1988
Trustee Act 1956
Statistical Information
The following tables came from an unpublished December 2009 report prepared for the Office for Disability Issues Indicators for monitoring progress on outcomes for disabled people by Caroline Maskill and Ian Hodges. Note: This data has yet to be confirmed.
Table 1: Age profile of disabled and non-disabled people living in households 2006
|Disability status|Sex |Total |
|and age group | | |
| |Males |Females | |
| |No. |% |No. |% |No. |% |
|Disabled |
|0–14 |53,500 |17 |36,500 |12 |90,000 |14 |
|15–24 |19,500 |6 |13,700 |4 |33,200 |5 |
|25–44 |54,200 |17 |53,800 |17 |108,000 |17 |
|45–64 |104,000 |33 |103,000 |33 |207,100 |33 |
|65–74 |42,600 |13 |42,800 |14 |85,400 |14 |
|75+ |44,600 |14 |61,000 |20 |105,600 |17 |
|Total |318,400 |51 |310,800 |49 |629,200 |100 |
|Non-disabled |
|0–14 |389,100 |24 |386,000 |23 |775,100 |23 |
|15–24 |238,500 |15 |238,100 |14 |476,600 |14 |
|25–44 |466,400 |29 |505,000 |29 |971,500 |29 |
|45–64 |395,200 |24 |436,100 |25 |831,300 |25 |
|65–74 |81,800 |5 |94,600 |6 |176,300 |5 |
|75+ |42,900 |3 |54,600 |3 |97,500 |3 |
|Total |1,614,000 |48 |1,714,300 |52 |3,328,300 |100 |
Source: Statistics New Zealand 2006 Household Disability Survey
Note: Due to rounding, individual numbers may not sum to stated total. % = percentage of all people in respective age groups living in households
Table 2: Age profile of disabled and non-disabled people living in households 2006
|Disability status|Ethnic group |Total |
|and age group | | |
| |European |Mäori |Other |Not elsewhere | |
| | | | |included | |
| |
|0–14 |
|0–14 |390,700 |20 |
| |Households |Residential facilities | |
| |No. |% |No. |% |No. |% |
| | | | | | | |
|15–44 |141,200 |100 |-- |-- |141,500 |100 |
|45–64 |207,100 |99 |1,500 |1 |208,500 |100 |
|65–74 |85,400 |97 |3,000 |3 |88,400 |100 |
|75+ |105,600 |80 |26,300 |20 |131,900 |100 |
|Total |539,200 |95 |31,100 |5 |570,300 |100 |
Source Statistics New Zealand 2006 Household Disability Survey and 2006 Disability Survey of Residential Facilities.
Note: Due to rounding individual numbers may not sum to stated totals. % = percentage of disabled people living in households and residential facilities. Psychiatric disability units not included in 2006 Survey. Symbol — = figure too small to be expressed.
Household income
Table 4: Annual Household Income for Disabled and Non-disabled People by age group 2006
|Disability |Household income |Not elsewhere |Total |
|status & | |included | |
|age group | | | |
|(years) | | | |
| |Less than $15,001 |$15,001–$30,000 |$30,001–$50,000 |$50,001 and over | | |
| |
|0–14 |
|0–14 |31,300 |4 |70,600 |
| |No qualification |School qualifications |Post-school | | |
| | | |qualification | | |
| |
|15–24 |
|15–24 |90,800 |19 |
| |Disabled |Non-disabled |Disabled |Non-disabled |
| |% |% |% |% |
|Employed |49 |75 |35 |65 |
|Unemployed |2 |3 |3 |3 |
|Not in labour force |48 |17 |62 |27 |
|Not specified |0 |5 |0 |5 |
|Total |100 |100 |100 |100 |
Source: Statistics New Zealand, Disability and the Labour Market in New Zealand, 2006
Table 7: Employment rates for Māori
|Group |Employment rate |
|Disabled Māori adults |45 percent |
|Disabled non-Māori adults |62 percent |
|Non-disabled Māori adults |67 percent |
|Non-disabled non-Māori adults |77 percent |
Source: Human Rights Commission, drawn from Office for Disability Issues and Statistics New Zealand, 2010.
Table 8: Human Rights Commission Complaint Statistics
The number of complaints on the ground of disability received by the Human Rights Commission in the year ended 30 June 2009 was 457.
|Area of Discrimination |Number |Percent |
|Government activity |149 |33 |
|Employment |108 |24 |
|Provision of goods and services |88 |19 |
|Educational establishments |79 |17 |
|Pre-employment |48 |11 |
|Places, facilities, vehicles |28 |6 |
|Land, housing and accommodation |22 |5 |
|Total |457 |100 |
Source: Human Rights Commission, Annual Report 2009, April 2010
In the previous 2009 period, 26.8 % of all complaints were on the ground of disability, arising most frequently in the areas of employment (28) and goods and services (20.%). Over one third, 36.5%, of all disability complaints involved an issue concerning the “reasonable accommodation” of their disability.
Table 9: New Zealand Disability Aid Initiatives
| |Country / Programme |Name of Initiative |Total Commitment |2009/2010 amount |
| | | |NZ $ |NZ $ |
|1 |Vanuatu |Core funding to Disabled Persons Advocacy Association (DPA) |$60,000 |$10,000 |
|2 |Samoa |Core funding to Nuanua O Le Alofa (NOLA – the national DPO) |$73,000 |$46,000 |
| | |Core Funding to Loto Taumafai (service provider) | | |
| | | |$108,000 |$54,000 |
|3 |Cook Islands |Disability Action Team |$600,000 |$87,000 |
| | |Creative Centre |$410,000 |$50,000 |
| | |Cook Islands Red Cross |$330,000 |$65,000 |
| | |Cook Islands National Disability Council (from the Community |$20,000 |$20,000 |
| | |Initiatives Scheme) | | |
|4 |Pacific Regional Human |Core funding to the Pacific Disability Forum (covering 14 |$1.1 million |$345,000 |
| |Development Programme |Pacific Island Countries and Territories) | | |
|5 |Pacific Regional Human |Youth and Mental Health Programme (implemented by the Foundation|$1.2 million |$100,000 |
| |Development Programme |of the Peoples of the South Pacific International) | | |
|6 |KOHA-PICD and the |India - Samuha-Samarthya integrated therapeutic and rights-based|$75,991 |$75,991 |
| |Humanitarian Action Fund |community intervention for disabled people | | |
| | |India - Equal opportunities, protection of rights and full | | |
| | |participation of disabled people in Gujarat | | |
| | |Thailand - Community based rehabilitation for visually impaired |$84,984 |$84,984 |
| | |and other disabilities | | |
| | |Tanzania - Comprehensive community based rehabilitation in | | |
| | |Manzese |$92,837 |$92,837 |
| | |Bangladesh/India - Disaster preparedness in Bangladesh and India| | |
| | |with CBM regional office and partners | | |
| | |Sri Lanka - Livelihoods Support for return of IDPs |$127,489 |$127,489 |
| | |Haiti - Child care and therapy for injured or disabled children | | |
| | | | | |
| | | |$125,000 |$125,000 |
| | | | | |
| | | | | |
| | | |$124,995 |$124,995 |
| | | | | |
| | | | | |
| | | |$70,000 |$70,000 |
|TOTAL |1,478,296 |
Invalid's Benefit
To qualify for an Invalid's Benefit the person must:
• be 16 years old or over and
• be a New Zealand citizen or permanent resident (ie not be in New Zealand unlawfully or on a temporary permit) and
• have lived continuously in New Zealand for two years or more at any one time since becoming a New Zealand Citizen or Permanent Resident and
• be ordinarily resident in New Zealand when they first apply for benefit and
• be permanently and severely restricted in their capacity for work because of sickness, injury or disability or be totally blind
Sickness Benefit
To receive a Sickness Benefit the person must:
• not be in full-time work, is willing to undertake it, but because of sickness, injury or disability, is limited in his or her capacity to seek, undertake, or be available for full-time employment or
• be in employment, but is losing earnings through sickness or injury; is not actually working; or is working at a reduced level
• be aged 18 years or older or
• be aged 16 years or older, be married, in a civil union or de facto relationship and have one or more dependent children
• have continuously lived in New Zealand for two years or more since becoming a New Zealand Citizen or Permanent Resident
• have no income or an income of less than the amount that would fully abate the benefit.
Disability Allowance
To be able to receive a Disability Allowance a person must:
• meet an income test
• have a disability which is likely to last at least 6 months
• have ongoing, additional costs arising from that disability
• be a New Zealand citizen or permanent resident (i.e. not be in New Zealand unlawfully or on a temporary permit) and
• generally be ordinarily resident in New Zealand
Disability Allowance and Child Disability Allowance cover additional costs directly related to the person's disability. The amount paid is estimated in relation to the actual costs that have been or will be incurred on a regular basis. A special Disability Allowance is paid to the partners of people who are in long-term residential care.
Source: Ministry of Social Development, 2010.
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[1] The New Zealand Public Health and Disability Act 2001
[2] Using Statistics New Zealand definition of disability, as set out in paragraph 35
[3] Statistics New Zealand Disability and M[pic][pic]ori in New Zealand in 2006, 2010
[4] New Zealand residents and citizens of Pacific Isla Māori in New Zealand in 2006, 2010
[5] New Zealand residents and citizens of Pacific Island descent including Samoan, Tongan, Cook Island Māori, Niuean, Tokeluan and Tuvaluan people
[6] Ministry of Health, He Korowai Oranga: Māori Health Strategy, 2002
[7] Minstry of Health, Ala Mo'ui: Pathways to Pacific Health and Wellbeing 2010-2014, 2010
[8] Statistics New Zealand, 2006
[9] Ministry of Social Development, Indicators for monitoring progress on outcomes for disabled people, unpublished report, December 2009
[10] Also known as local authorities or territorial local authorities. Local governmentn structures include Regional Councils.
[11] Litmus Ltd, Progress Report - 2006/2007 Review of New Zealand Disability Strategy Implementation, August 2008
[12] This was a telephone survey commissioned by the Human Rights Commission of a nationally representative sample of 750 New Zealanders 18 years of age and over
[13] Human Rights Commission
[14] Deaf refers to members of the deaf community who use sign language
[15] 2006 Disability Survey
[16] The survey included 58 victim / survivors interviewed and surveys completed by 17 victim/survivors
[17] Kingi and Jordan, Responding to sexual violence: Pathways to recovery, Ministry of Women’s Affairs, 2009
[18] Statistics New Zealand Disability Survey 2006
[19] 2008 survey by Child Youth and Family
[20] Rett syndrome is a degenerative neuro-developmental disorder found almost exclusively in girls.
[21] Special education is the provision of extra help, adapted programmes, learning environments, or specialised equipment or materials to support children and young people with their learning and help them participate in education
[22] Human Rights Commission, The Accessible Journey, 2005
[23] CCS Disability Action and Workbridge, Journey to Work, 2010
[24] New Zealand’s third largest city
[25] Affordable Housing: Enabling Territorial Authorities Act 2008
[26] S Bell and W Brookbanks, Mental Health Care Law in New Zealand, 2005
[27] Deaf Aotearoa is the New Zealand non government organisation that advocates for and represents the New Zealand Deaf community
[28] Child, Youth and Family is the government’s statutory child care agency in the Ministry of Social Development
[29] This number excludes 51,974 teachers of all children directly employed by schools as at 2010
[30] Human Rights Commission, National Conversations and Work, 2010
[31] Ministry of Social Development, Working Paper 07/04: Wellbeing, Employment, Independence : the Views of Sickness and Invalids' Benefit Clients, 2004
[32] 2007 Royal New Zealand Foundation of the Blind survey
[33] The main provider and advocacy organisations for intellectually disabled people
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