New Zealand citizens enjoy a wide range of human rights that are accorded through government support for international human rights conventions and treaties, and our own laws, such as the Bill of Rights Act and the Human Rights Act.  In addition, there are specific rights that are acknowledged in the Treaty of Waitangi.

The New Zealand Disability Strategy is a rights-based framework that aims to achieve a society that highly values the lives of disabled people and enhances their full participation.  As such, objectives 1, 2 and 5 must be actively implemented by all government departments. 

Objective 1: Encourage and Educate for a Non-Disabling Society

To achieve the vision of an inclusive society, all people must be aware of barriers and both prevent them occurring and remove or reduce them.  The work in the 2002-03 year on implementing this objective by government departments was mainly internal, focused on encouraging and educating department staff about the New Zealand Disability Strategy and the social model of disability, or involving disabled people in advising departments about policy and operation.  The Ministry of Health was the key department in undertaking external activity to implement this objective.

Actions

1.1 Develop national and locally based anti-discrimination programmes

The Ministry of Health's 'Like Minds, Like Mine' campaign to counter discrimination against people with mental illness continued to develop in 2002-03. 

The Ministry of Health's Disability Services Directorate contracted for a project called VIP – Valued, Included and Participating.  One of the outcomes of this project in 2002-03 was an 18-month calendar that takes each of the 15 objectives of the New Zealand Disability Strategy and offers practical, achievable ways to realise them personally and professionally.  National sales and distribution are ongoing.

1.2 Recognise that it is disabled people who are experts on their own experience

Consultation with the disability community on work being undertaken by agencies is beginning to feature more prominently in both implementation plans and reporting.  This is an encouraging and crucial development in progress towards achieving the vision of an inclusive society.  This is particularly evident in agencies that contain a disability service focus, such as the Ministries of Health, Education and Social Development.

1.3 Recognise and honour the achievements of disabled people

The Department of the Prime Minister and Cabinet is one of the three central agencies responsible for co-ordinating and managing public sector performance^[6].  It comprises six business units, one of which is the Cabinet Office which, among other things, is responsible for the administration of the Royal New Zealand Honours System and overseeing the development of the Royal New Zealand Honours Lists. 

In 2002-03 the Department of the Prime Minister and Cabinet reviewed how successful the New Zealand Honours system was at facilitating recognition of disabled people.  The review found that the processes and practices in relation to processing New Zealand Honours were free from unfair barriers to disabled people.  It also confirmed that the needs of disabled people who are receiving New Zealand Honours at Government House ceremonies are identified and met.

1.4 Include the perspectives of disabled people in ethical and bioethical debates

Early in 2003 the IHC Advocacy Service hosted a one-day workshop on bioethics and disability, which was well attended by a wide range of people from within the government, bioethics and disability sectors, including a number of self-advocates and families of disabled people.

A 2003 issue of the 'New Zealand Bioethics Journal'focused on the theme of bioethics and disability. An article for this journal was developed by the Office for Disability Issues, noting thatbioethics is an issue of growing concern for the disability community, and one on which the Office is keen to encourage debate.

The Office for Disability Issues also commented on the work on genetic testing being undertaken by the National Advisory Committee on Health and Disability (National Health Committee).

The second report on progress noted that the Ministry of Justice was working on a proposed regulatory framework for the provision and ethical approval of assisted human reproduction procedures and research.  This has now been developed into draft legislation and has been before the Health Select Committee in 2002-03.  The Select Committee report back, also prepared by the Ministry of Justice, is scheduled for 13 February 2004.

1.5 Encourage ongoing debate on disability issues

The 2002-03 year was the first year of operation for the Office for Disability Issues.  During that year the Office established a network of key contacts throughout the government sector, to assist them with ongoing education within government agencies about the New Zealand Disability Strategy and disability issues in general.  The Office for Disability Issues will be undertaking a wider range of activities to implement this action in the 2003-04 year.

Objective 2: Ensure Rights for Disabled People

A fundamental right in a democratic society is the right to vote.  In the second report on progress it was noted that the Chief Electoral Office was undertaking a review of all procedures relating to the General Election, including criteria and specifications for disabled access to designated polling places. 

In the 2002-03 year the General Election was held and all returning Officers were provided with instructions, which included an updated polling place accessibility checklist that was drawn up with assistance from the Disabled Persons'Assembly (DPA).  The personalised EasyVote pack listing polling places, which was sent to all voters, indicated if polling places had disabled access.  Television advertisements developed for the Chief Electoral Office were captioned through teletext.

A review of services was undertaken after the Election and it was agreed that there is still room for improvement.  A consultation paper was drafted and submissions invited on how the Chief Electoral Office might improve access to voting for disabled people.  An action plan for the 2005 General Election will be developed based on the submissions received.

During the 2002-03 year, the Minister for Disability Issues directed the Office for Disability Issues to consult on and develop the policy necessary for the writing of a Bill to recognise New Zealand Sign Language as an official language.  In May 2003, consultations occurred with stakeholders, including 250 Deaf individuals from around the country, and with interested government agencies.  Consultations with the Deaf community were assisted by a Deaf advisory group.  The initial feedback from government departments and the Deaf community was reported in June 2003.

Actions

2.1 Provide information for everyone about the rights of disabled people

The Human Rights Commission 'train the trainers'workshops for disabled people continued to be held in 2002-03.  An external evaluation of the workshops was carried out and the Human Rights Commission will implement some recommendations made as a result.  The goal of these workshops is for participants to train other disabled people to increase awareness of the Human Rights Act and its implications for disabled people.  Three partnership agreements have been made with People First, NZCCS and the Like Minds, Like Mine project to produce resources specific for the needs of people with intellectual disability, physical disability and mental health issues.  In May 2003, a full-time position was created and filled to co-ordinate and facilitate these workshops, with a goal of 84 workshops for 950 people over the next five years.  An advisory group will be convened some time during the 2003-04 year.

In the year July 2002 to June 2003, 18% of enquiries and 23% of the 1101 complaints received by the Human Rights Commission were about discrimination on the basis of disability.  This compares with 26.4% of complaints for the previous year. 

2.2 Provide education to ensure that disabled people understand their rights, recognise discrimination and are able to be self-advocates

In 2002-03, the Health and Disability Commissioner developed a plain language version of the Health and Disability Code Of Rights, specifically for people with an intellectual disability.

The Human Rights Commission, in conjunction with the National Advisory Group of the Like Minds, Like Mine campaign, developed an advocacy training tool for people with experience of mental illness to advocate for their rights under the Human Rights Act.  It will be piloted and finalised in the second half of 2003.

2.3 Educate agencies responsible for supporting children and families about the rights and abilities of disabled parents

No specific activity to implement this action was reported by government agencies for the 2002-03 year.

2.4 Review human rights legislation to ensure the ongoing enhancement and strengthening of the rights of disabled people

Draft guidelines on the New Zealand Bill of Rights Act were developed.  These are scheduled for publication around May 2004 and will assist policy advisers to apply the Bill of Rights Act and the Human Rights Act in policy development.

The second progress report included the wide consultation being undertaken by the Ministry of Justice with a number of government and non-government agencies, including representatives from leading disability agencies, in relation to enduring powers of attorney of Part IX of the Protection of Personal and Property Rights Act 1988, and the Law Commission's recommendations for reform.  This work has now been transferred to the Ministry of Social Development's Office for Senior Citizens for future action.

A Law Commission report raised the issue of whether there is a need to clarify or extend the Courts'powers to make personal orders under the Protection of Personal and Property Rights Act.  It raised the issues of whether additional safeguards are required, and the degree to which any of those powers can be delegated to welfare guardians.  The Government's response was tabled in Parliament in February 2003.  It intends to undertake further work to evaluate the proposals before taking action on the Law Commission's recommendations, but noted that this work will require extensive consultation in developing and evaluating policy options.  No priority has yet been accorded to this project and Parliament noted that due to the scope of this work it is unlikely that it could be completed in this Parliamentary term.

2.5 Investigate, and if appropriate, support, development of a United Nations convention on the rights of disabled people

In August 2002 the Office for Disability Issues, in conjunction with the Ministry of Foreign Affairs and Trade, prepared a report on options for New Zealand's involvement in the preparation of a United Nations convention on the rights of disabled people.  This led to a New Zealand statement supporting the proposed convention, which was presented to the First Meeting of the United Nations Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities on 9 August 2002 in New York.

In May 2003 the Government agreed that New Zealand would take an active role in the development of this United Nations convention.  It agreed that the Office for Disability Issues would co-ordinate New Zealand's further involvement, working closely with the Ministry of Foreign Affairs and Trade, the New Zealand Human Rights Commission and in partnership with representatives of the community of disabled people.

Officials from the Office for Disability Issues and the Ministry of Foreign Affairs and Trade participated in a meeting at the United Nations in New York in June 2003.  Two disabled people funded by the Ministry of Social Development, and a Human Rights Commissioner were also part of the official New Zealand Delegation.  The meeting looked at the extent and scope of the proposed convention.  During this meeting New Zealand took a very active role.  It was awarded a number of Disability Awareness Badges of Honour by the international NGOs attending, and received commendation from several countries for its leadership.  This work will continue in the 2003-04 year.

2.6 Investigate the level of access that disabled people have to independent advocacy, and address any shortfall in service provision; and

2.7 Evaluate New Zealand's performance on the rights of disabled people

No specific activity to implement these actions was reported by government agencies for the 2002-03 year.

2.8 Consider disabled people whenever New Zealand's performance is being evaluated against international human rights obligations, for example the Convention on the Elimination of All Forms of Discrimination against Women, and the United Nations Convention on the Rights of the Child

In March 2003 the second NGOs' report from Aotearoa New Zealand> to the United Nations Committee on the Rights of the Child was published.  The report, entitled 'Children and Youth in Aotearoa 2003', is available at www.acya.org.nz.  Appendix 7 of the report is specifically on children and youth with disabilities.  It concludes that 'the experiences and outcomes for many children and young disabled people have become significantly worse since the first report to the United Nations committee', and makes a number of recommendations for change.  The report notes that the New Zealand Disability Strategy is a welcome document, which together with the United Nations Convention should provide an integrated framework on which policies, legislation and services are structured, but they require adequate resourcing, effective implementation and commitment for effectual development.

The Ministry of Youth Affairs reported that it has been using the United Nations Convention on the Rights of the Child to help government agencies increase their understanding of children's and young people's rights, and will be continuing to work to help government agencies raise their performance.

Objective 5: Foster Leadership by Disabled People

Acknowledging the experience of disability as a form of specialised knowledge is an important aspect of ensuring the development of a society that highly values the lives of disabled people.  This is particularly important for government agencies that need to ensure the voice of disabled people, as a significant percentage of general society, is heard.

Actions

5.1 Encourage disabled people to take part in decision-making as service users, as staff in the delivery of services, and in the governance, management, planning and evaluation within all services that disabled people access

The Ministries of Health, Education and Social Development have continued to build on their work establishing disability-specific advisory committees and/or ensuring disabled people are represented on existing advisory committees.  Much of the preliminary work of 2001-02 resulted in action in 2002-03.  In some cases this was in the form of a general reference or advisory group (eg Group Special Education) and in others it was for specific issues or areas of work (eg Ministries of Health and Social Development). 

The Ministry of Health Disability Issues Directorate has established a pilot project in Auckland called VIP – Valued, Included and Participating, which is governed and implemented by disabled people.  The project aims to support the Disability Issues Directorate to plan and co-ordinate processes to bring about change at an operational level in line with the New Zealand Disability Strategy vision.

New Zealand Police undertook a survey in 2002-03 to measure disabled people's satisfaction with Police services, with a total of 213 people from the Wellington Police District participating.  Participants had a wide range of impairments, and a variety of communication tools were used to access information.  Survey results showed that in general participants were positive in their perceptions and in the information from and experience in dealing with the Police.  With the exception of mental health consumers, people were satisfied with the contact they had had.  Nine recommendations were formulated on the basis of information received in the survey, and four of these have been incorporated into the Police New Zealand Disability Strategy implementation plan for 2003-04.  The full report is available on the Police website at www.police.govt.nz.

Both the Police and the Department of Internal Affairs have set up internal disability network groups to identify internal development issues and have input into relevant policy, as well as to increase awareness of disability issues and support the development of disabled staff.

The National Advisory Group within the Like Minds, Like Mine project of the Ministry of Health, which is made up solely of people with experience of mental illness, undertook a stocktake of consumer involvement in the project.  This was completed and presented to Like Minds, Like Mine providers at their National Meeting in November 2002. The project is planning to repeat this stocktake in 2004 to find out whether the level of consumer involvement has increased since the first stocktake.

5.2 Assist self-help initiatives, service provision and advocacy organisations run by disabled people for disabled people

No specific activity to implement this action was reported by government agencies for the 2002-03 year.

5.3 Model the inclusion of disabled people in leadership roles within government departments, in order to encourage leadership by disabled people within all organisations

A number of departments have disabled people in leadership roles, and many of these people are actively supporting others through initiatives like the Disability Staff Networks established by the Police and Internal Affairs.  The State Services Commission has designed a programme to improve the quality, quantity and diversity of all candidates (including disabled people) available for appointment to senior manager and chief executive roles in the public service/state sector.  This programme (delivered by the Leadership Development Centre) assesses individuals against the Leadership Capability Profile.  Development tools are used to broaden participants'experience in a supported way, with a view to their being ready for senior leadership roles in about three years.  The Executive Leadership Programme and Leadership Development Centre were launched on 3 July 2003.

5.4 Support the establishment of a leadership development and mentoring programme for disabled people

No specific activity to implement this action was reported by government agencies for the 2002-03 year.

5.5 Establish a register of disabled people for government appointments

In the 2002-03 year the Office for Disability Issues began preliminary work on how to best establish and maintain this register.  This work will continue in 2003-04 in conjunction with Te Puni Kokiri, the Ministry of Pacific Island Affairs and the Ministry of Women's Affairs, each of which has continued efforts to increase the number of disabled people held on its agency files of people available for appointment to decision-making positions.

5.6 Make information available to disabled people and their advocacy organisations about how to influence government policy

No specific activity to implement this action was reported by government agencies for the 2002-03 year.

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[6] The others are the State Services Commission and the Treasury