“I value my independence and just want access to the services that will help me to retain my independence and my ability to participate in my community.”

The New Zealand system provides an avenue for the voice of people with disabilities to be heard. A range of Crown entities, legal tribunals and appeal authorities that are independent of Government Ministers, monitor and report on government progress in meeting its obligations and commitments. They also ensure citizens’ rights - including those of people with disabilities - are upheld. These entities and other institutions investigate, report and for some, mediate, where complaints are made by individuals or groups for discrimination, inadequate services and support, lack of consultation and lack of consideration of the needs of people with disabilities. Their ability and requirements to publish and report their findings reinforces public accountability of central government.

While the New Zealand system is focused on the present and future of people with disabilities, it is also concerned with acknowledging what has gone before. New Zealand has a well-established tradition of redressing historical grievances including those of the country’s indigenous peoples. Recently the Government has worked through the issue of residual funds held in trust for mental health patients who resided in institutions that have subsequently closed. The institutions had not paid these funds back to residents on closure. A trust of people with disabilities was formed to oversee the use of these funds. Where possible, former residents are being traced and repaid, with the trust deciding how the remaining funds can be best used to benefit former residents.

Key Crown monitoring entities include:

• Mental Health Commission - monitors and reports on the performance of the Ministry of Health and district health boards in implementing the government's National Mental Health Strategy. The Commission works with the sector to promote better public understanding of mental illness, eliminate discrimination, and to strengthen the mental health workforce.
• Health and Disability Commissioner - promotes and protects the rights of health consumers and disability services consumers, and, facilitates the resolution of complaints where those rights are infringed. This is achieved through the implementation of a Code of Rights and a complaints process, and the ongoing education of providers and consumers. The Commissioner also funds an advocacy service to help consumers resolve complaints directly with the service provider.
• Human Rights Commission - advocates and promotes respect for, and an understanding and appreciation of, human rights, including those of people with disabilities. The Commission also encourages the maintenance and development of harmonious relations between individuals and among the diverse groups. The Commission helps people who believe they have been discriminated against and has the power to resolve disputes through education and mediation services. It can also hold inquiries and make recommendations for change, such as The Accessible Journey: Report of the Inquiry into Accessible Public Land Transport.
• Children’s Commissioner - provides a voice for all children (including children with disabilities) to ensure their rights are respected and upheld. The Commissioner can inquire into any matter affecting children and young people in any service or organisation, including government. The Children’s Commissioner is an independent authority and promotes children's and young people's wellbeing through advocacy, consultation, monitoring, research and investigation.
• Ombudsman - appointed by Parliament, the Ombudsman inquires into complaints raised by any New Zealand citizen (including people with disabilities) against New Zealand central, regional and local government organisations or agencies. They are independent review authorities accountable to Parliament.

Other avenues of complaint

People with disabilities can also access other avenues of complaint. The Government and the Minister for Disability Issues can initiate formal inquiries on specific matters, both current and historical. These can take the form of Departmental Inquiries, Ministerial Inquiries, Select Committee Inquiries, and Royal Commissions of Inquiry, the outcomes of which can be significant. A recent inquiry into alleged mistreatment of residents in large government residential institutions confirmed grievances brought by complainants. The Government responded by apologising and paying compensation to the victims. In some cases, criminal charges have been laid against the perpetrators of mistreatment and abuse.