New Zealand Sign Language Act 2006

Introduction

The purpose of the New Zealand Sign Language Act is 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)
• empowering the making of regulations setting competency standards for the interpretation in legal proceedings of NZSL
• stating principles to guide government departments in the promotion and use of NZSL.

The NZSL Act also requires that a report must be prepared three years after the Act came into force (at some time after April 2009) on:

• the operation of the NZSL Act since its commencement; and
• whether any amendments to the scope and contents of the Act are necessary or desirable.

The NZSL Act is consistent with the United Nations Convention on the Rights of Persons with Disabilities. Article 21 of the Convention requires States Parties to take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice by (among other things) accepting and facilitating the use of sign languages in official interactions, and by recognising and promoting the use of sign languages.

Principles to guide government departments

The NZSL Act includes principles to guide government agencies so to promote access to government information and services by the Deaf community. In summary, these principles state that:

• the Deaf community should be consulted on matters relating to NZSL (including, for example, the promotion of the use of NZSL)
• NZSL should be used in the promotion to the public of government services and in the provision of information to the public
• government services and information should be made accessible to the Deaf community through the use of appropriate means (including the use of NZSL).

Using NZSL in legal proceedings

NZSL can be used in legal proceedings in courts and tribunals by people whose first or natural language is NZSL.

2010 review of the NZSL Act

The passing of the NZSL Act was a milestone for Deaf people.  However, the Act itself recognises that its existence alone will not fulfil its purpose of promoting and maintaining NZSL. The Act specifies a review after three years and this provision recognises how important it is to make sure that the NZSL Act is working for the Deaf community. It is time to review the Act. The review will cover:

• the operation of the NZSL Act
• whether any changes to the Act are needed to ensure that it fulfils its aims.

This provision recognises that the NZSL must be shown to make a difference to the lives of Deaf people and not be symbolic only. The review is to look at how well the Act has done this, and what changes may be needed to ensure that it is makes a genuine positive difference for Deaf people.

On Friday 30 April 2010, to mark the forthcoming 2010 New Zealand Sign Language Week (2 May - 8 May), the Minister for Disability Issues announced that the Office for Disability Issues is now to begin this review.  The Minister will present the Office's report on the review to Parliament before the end of 2010.

The Office will be holding both initial discussions with some representatives of the Deaf community about how the review will proceed, and then consultations within the community. The Office for Disability Issues wants to work in partnership with the Deaf community throughout the review, as we did in the development of the NZSL Act itself. We will be seeking as broad a response as we can get from the Deaf community.

The Office will also be consulting with government departments, NZSL interpreters, and other people with an interest in the NZSL Act.

What has happened since the NZSL Act was passed?

Each government agency is responsible for putting the NZSL Act into practice in its work. The Office for Disability Issues has been monitoring departments' actions through the report-backs on their implementation of the New Zealand Disability Strategy, which all departments are required to make annually. Departments have done some useful work towards meeting the goals of the NZSL Act.  However, Deaf people are concerned that not enough progress has been made, and that they still face significant barriers to participating in society.

Further information