Effective communication with deaf people: A guide to working with New Zealand Sign Language interpreters
Part 1: Ensuring effective communication with deaf people
- New Zealand Sign Language has the same official status as English and Māori.
- The New Zealand Sign Language Act 2006 specifies principles to guide government agencies in relation to deaf people and New Zealand Sign Language.
Why is New Zealand Sign Language important in communicating with deaf people?
There are an estimated 7,000 - 9,000 deaf people who use New Zealand Sign Language (based on Census 2006 information).
In the past, there was an active prohibition of New Zealand Sign Language in schools, due to misconceptions about the nature of sign language (it was thought to be an inferior mode of communication and not really a language at all). This prohibition has had far-reaching consequences for many deaf people, including low academic achievement, low levels of literacy in written and spoken English, and limited career options as a result.
This means written information is not a suitable or reliable substitute for communicating with many deaf people.
New Zealand Sign Language has developed over time through being used by the deaf community in New Zealand. It is not an artificially created communication system.
Just like spoken languages, sign languages have grammatical rules for creating sentences. The rules of New Zealand Sign Language are different from the rules of English. The word order in a sentence in New Zealand Sign Language is often different to that in an English sentence. There is also not always a one-for-one correspondence between an English word and a New Zealand Sign Language sign.
What are the legal requirements for providing interpreters?
Deaf users of New Zealand Sign Language are legally entitled to be provided with an interpreter in certain settings. This is similar to people who speak a language other than English.
The following legislation applies to the provision of interpreters:
- New Zealand Bill of Rights Act 1990, section 24
- New Zealand Sign Language Act 2006
- Children, Young Persons and their Families Act 1989, section 9
- Electoral Act 1993, section 158(8)
- Health and Disability Commissioner Act 1994, section 20(d)
- Health and Disability Commissioner Code of Health and Disability Services Consumers' Rights1996, Right 5
- Human Rights Act 1993, section 65
- Mental Health (Compulsory Assessment and Treatment) Act 1992, section 6.
New Zealand Sign Language Act 2006
The New Zealand Sign Language Act 2006 recognises New Zealand Sign Language as an official language of New Zealand, alongside English and Māori.
The Act provides deaf people with the right to use New Zealand Sign Language in legal proceedings. A competent sign language interpreter needs to be provided if a deaf person has said they want to use New Zealand Sign Language in a court or tribunal.
The Act also states principles to guide government departments in the promotion and use of New Zealand Sign Language. In particular, the Act states in section 9 (1)(c) that “government services and information should be made accessible to the deaf community through the use of appropriate means (including the use of New Zealand Sign Language)”.
Unless the government staff member meeting with a deaf person is highly fluent in New Zealand Sign Language, then sign language interpreters will be needed to ensure effective communication happens.
United Nations Convention on the Rights of Persons with Disabilities
The United Nations Convention on the Rights of Persons with Disabilities requires States to ensure deaf people can access government information and services, allow the use of New Zealand Sign Language, and ensure the provision of sign language interpreters. This is principally stated in Article 21 - Freedom of expression and opinion, and access to information.
New Zealand ratified the Convention in September 2008, and the government is obliged to implement its obligations. The Convention has the status of international law, and can be referred to by courts in decision making. All new legislation and policy should be consistent with it. New Zealand is also required to report to the United Nations every four years on progress with implementing the Convention.