Rule 5. Accessibility (Article 9 Accessibility, Article 20 Personal mobility, and Article 21 Freedom of expression and opinion and access to information)

This Rule is reflected in Objective 6 of New Zealand Disability Strategy to ‘Foster an aware and responsive public service’.

Government departments have programmes of action to achieve accessible physical environment for their departments:

“When we moved into [our] building it didn’t have wheelchair access. CCS assessed it all and worked out the best solution to get me in. Alterations were made within a week. I was really impressed with the way my employer was totally co-operative and had my best interests at heart.”

• The Human Rights Act 1993 reinforces the rights of people with disabilities to use public buildings, be employed and to be provided with goods and services. Departments are required to provide where reasonable, special services or facilities to enable staff, visitors and clients with disabilities to enter and move about as needed within a building. This is reinforced by the State Sector Act 1988, which requires chief executives of government departments to be good employers, ie, they are expected to introduce specific measures to reduce the limitations faced by staff with disabilities
• From 1 November 1997, the Building Act has required reasonable and adequate provision for people with disabilities to enter and carry out normal activities and processes in buildings to which the public are to be admitted.

Information and communication are key elements of responsiveness. The State Services Commission is promoting accessibility of government websites through its management and maintenance of the New Zealand Government Web Guidelines. The Guidelines set a standard for New Zealand public sector websites, focusing on accessibility to enhance online access. The Guidelines become mandatory for all government agencies in January 2007.

The recent passage of the New Zealand Sign Language Act 2006 is a significant landmark increasing the accessibility of the signing Deaf community. The Act made New Zealand Sign Language (NZSL) an official language, able to be used in legal proceedings. It also means that government services and information should be made accessible to the Deaf community through the use of appropriate means (including the use of NZSL).

Rule 6. Education (Article 24 Education)

This Rule is incorporated in Objective 3 of New Zealand Disability Strategy ‘Provide the best education for disabled people’.

Under the Education Act 1989, people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at state schools as people who do not. Special education in New Zealand is available for children with physical and/or intellectual impairments; hearing or vision difficulties; children who struggle with learning, communicating, or getting along with others; or who have an emotional or behavioural difficulty. The Ministry of Education provides additional resources to support the achievement of students with disabilities. All schools receive a special education grant and can access school-based resource teachers to support these students.

“I use Disability Support Services and counselling services at university and I simply could not have gone to university or have achieved such great results without their help. Disability Support Services have been a godsend to me, fantastic.”

A very small number of children (3%) have high needs and are provided with free specialist services. These are usually in the form of individualised programmes and specialist support at school and even significant adaptations, such as curriculum content adaptation, so they can achieve. The services and funding are available through a number of targeted schemes. The Ministry of Education’s Special Education action plan for 2006-2011, Better Outcomes for Children, focuses on improving outcomes and services for the children and young people who are eligible for Special Education services.

Tertiary institutions are expected by government to ensure equal access and opportunity for people with disabilities and to provide the support these students require for full participation. The Government provides special grants to assist institutions provide this support, though they are also expected to contribute.

A Code of Practice for the inclusion of post-secondary students and trainees with disabilities has been drafted by ACHIEVE, a national network of students with disabilities, education and training providers, student associations and others. Since its release in 2004 Kia Orite Achieving Equity: The New Zealand Code of Practice for an Inclusive Tertiary Education Environment for Students with Impairments has been promoted to help ensure people with impairments are able to participate fully in tertiary education.

Rule 7. Employment (Article 27 Work and employment)

Under the Human Rights Act 1991 it is illegal for employers to discriminate on the grounds of disability. Activity to improve access to employment for people with disabilities has significantly increased in the last five years.

Government has developed specific programmes to assist people with disabilities into employment. People who receive income support/ social security benefits because of disability now have access to supported employment services, vocational services and increased opportunities for work. One initiative - Mainstream - is a two-year, subsidised employment programme for people with significant disabilities provided by the State Services Commission. The programme helps participants into meaningful, long-term employment within selected State sector organisations.

The Department of Labour is focused on improving the overall employment environment and promoting the benefits of increased diversity in the workforce, including people with disabilities.

“Because of my difficulties with reading and writing and because I can get stressed in difficult situations, there are some limitations to what jobs I can do. … I would like to work in a good job with supportive people who understand my disability and be involved in community groups where people do things together.”

The Pathways to Inclusion Strategy, launched in 2001 by the Ministry of Social Development, aims to improve the quality of employment opportunities for people with disabilities. It promotes a shift within some vocational services away from sheltered work and day activities. Instead it encourages the support of people with disabilities to have meaningful participation in their community and into real jobs. (Sheltered workshops remain an option in some circumstances.) In the 2004–2005 year the initiative helped 1,100 people with disabilities into more open employment.

An important element of the Pathways to Inclusion Strategy is the repeal of the Disabled Persons Employment Promotion Act 1960, which provides exemptions from employment conditions for people with disabilities employed in sheltered workshops. The Government’s determination to repeal the Act will ensure workers with disabilities have the same rights, responsibilities, opportunities and protections as other workers. The proposal to repeal is currently before Parliament.

Five regions across New Zealand now offer the PATHS programme to people experiencing ill-health and disability. This unique programme brings together public health, community mental health and welfare networks to work in partnership to help reduce or remove a person’s health barriers to employment. The voluntary programme works intensively with participants to develop individual plans to reduce or remove the barriers. Interventions may involve clinical treatments, social supports or supported employment.

The Working New Zealand strategy was announced in October 2006. The first phase will see Sickness and Invalids Benefit clients (including clients with disabilities) receiving enhanced employment support to enable a return to work. This phase will see stronger work expectations set for some clients with disabilities and a Job Search Service provided to all work-ready clients. Importantly, this strategy challenges the perception of Sickness and Invalids Benefit clients as people who are incapable of working. Instead it sees them as capable as other beneficiaries, provided they are given the right support. Phase two will simplify the benefit system and reduce the number of benefit categories to better align the work-focused approach.

Rule 8. Income maintenance and social security (Article 28 Adequate standard of living and social protection)

Many people with disabilities who are not in paid employment or who are in low paid work rely on government income assistance to meet the additional disability-related expenses that would otherwise consume their income and erode their standard of living.

“My income comes from the work I do and from a benefit. I’ve done a lot of jobs and quite a few courses.”

Two benefits are commonly used by people with disabilities. The Invalids Benefit is for people permanently and severely restricted in their capacity for work because of a sickness, injury or disability. The Sickness Benefit is for people who can't work due to sickness, injury, disability or pregnancy. As part of benefit reform, the Ministry of Social Development is developing a new service for clients currently on Sickness and Invalids benefits. One goal is to help beneficiaries make the transition from benefit to sustainable employment. The Ministry has removed a number of the disincentives people face in coming off a benefit and moving into employment. Another goal is to make the benefit simpler by improving people’s access to the correct amount of assistance. The focus of Ministry staff will be on what a person can do rather than on what they can‘t do.

In addition, extra help is available through a Disability Allowance. This income-tested allowance reimburses adults for ongoing regular costs that they incur because they have a disability. The amount of allowance paid depends on a person's costs. From this year, people who are in residential care facilities and who were previously ineligible can also apply for this allowance. New legislation allows people in these residences to claim back the allowance they would have received in the past. A non-means tested Child Disability Allowance is also available to the parent or guardian of a child with serious disability who lives at home and requires constant care and attention.

Rule 9. Family life and personal integrity (Article 23 Respect for home and the family, and Article 17 Protecting the integrity of the person)

“We both love dancing and wining and dining too.”

This Rule is reflected in two New Zealand Disability Strategy Objectives: Objective 2 ‘Ensure rights for disabled people’ and Objective 9 ‘Support lifestyle choices, recreation and culture for disabled people’. One of the actions under Objective 9 is to support people with disabilities in making their own choices about their relationships, sexuality and reproductive potential. This Rule is further reinforced by New Zealand’s Sexual and Reproductive Health Strategy. The Strategy seeks to address negative attitudes of groups such as parents and professionals, and determine how to address sexuality and related health issues faced by people with disabilities. One of its actions is to “ensure that services can address the sexual and reproductive health needs of disabled people.”

The Protection of Personal Property Rights Act 1988 provides for the appropriate use of enduring power of attorney. Though a focus of the act is older people, it also seeks to protect the interests of people with disabilities.

The Children, Young Persons and Their Families Act 1989 seeks to ensure children who are put into state care, including because of disability, are raised in a family environment and able to maintain contact with their natural family.

New Zealand has championed for inclusion of specific rights in the draft United Nations Convention on the Rights of Disabled People on (non-discrimination) rights for people with disabilities to experience the same choices and responsibilities as non-disabled people in relation to sexuality, relationships, families and parenting.

Rule 10. Culture (Article 30 Participation in cultural life, recreation, leisure and sport)

This Rule is reflected in New Zealand Disability Strategy Objective 9 ’Support lifestyle choices, recreation and culture for disabled people’.

In what was billed as the first truly international disability arts festival, the Giant Leap Disability Festival ran from 28 February to 6 March 2005, as part of the Auckland Fringe Arts Festival. It featured professional performers with disabilities from London, Vancouver, San Francisco and Singapore, as well as local artists.

“My future is just beginning. I am grateful that I can communicate with my children and partner. I have more hearing friends who also sign and so I am learning more about other people.”

The first Deaf Short Film Awards were launched at the July 2004 Deaf View Conference in Auckland. Film content had to relate to deaf issues and entries were produced, directed and/or written by a deaf person. Furthermore, in response to a complaint to the Human Rights Commission in 2001, open captioned prints are now available for most new movie releases.

In recognising NZSL, the passage of Sign Language Act 2006 has helped to underscore the culture of Deaf New Zealanders.

The National Library of New Zealand is a major provider of audio books to local authority libraries, and issued 32,000 books during the 2004–2005 year.

Arts Access Aotearoa is a charitable trust that promotes access and participation in arts. In 2005 they undertook a survey of ‘creative spaces’, arts programmes or gallery spaces targeted at marginalised population groups. The survey found that 84 percent of people using creative spaces experienced disability, predominantly with an intellectual impairment and/or mental health problems. Creative spaces are currently funded from a mix of sources, including District Health Boards, the Ministry of Social Development, the Ministry of Health, local government, educational institutions and charitable sources.

There is a rise in the number of mental health providers who are Maori, New Zealand’s indigenous peoples. The importance of these services is that they operate on the basis of ‘by Maori, for Maori’.

Rule 11. Recreation and sports (Article 30 Participation in cultural life, recreation, leisure and sport)

This Rule is also reflected in New Zealand Disability Strategy Objective 9 ‘Support lifestyle choices, recreation and culture for disabled people.’

“What’s a disability issue? It hasn’t stopped me having fun I’ve travelled to the Melbourne Cup and picked the horse that won.”

Sport and Recreation New Zealand (SPARC) is the government agency responsible for sport and recreation in New Zealand. Under the Sport and Recreation Act 2002 SPARC is required to encourage participation by people with disabilities and to recognise the rehabilitative nature of physical recreation and sport. SPARC's policy is summed up by its name – No Exceptions. The policy provides guidelines to enable people with a disability to have access to quality sports experiences and provides common goals for people working in the area, with SPARC providing support personnel and financial resources.

Another example of Objective 9 in action is the information about accessible walking tracks added to the Department of Conservation’s website and on the information boards sited at the entrance to tracks.

Rule 12. Religion

New Zealand is a secular State and does not provide government support for religious activities.