Executive summary

New Zealand has a mixed record when it comes to the rights of disabled people. Although we do some things well, there is still a great deal of work required to remove barriers stopping disabled people from participating in society on an equal basis.

The IMM have identified six key themes that must be prioritised to ensure the realisation of the fundamental rights set out in the Disability Convention in New Zealand. It is also important that we highlight the experience of disabled Māori and Pacific peoples in our report. We have ranked the six key themes in order to make clear where the most urgent action is needed by the Government.

Red: For immediate attention
Amber: Needs significant attention over the next 6 months
Yellow: Needs attention over the next 12 months

The IMM believes that education, housing and seclusion and restraint are the most pressing issues for disabled people that the Government must take urgent action on.

In education, a generation of disabled people is being significantly negatively impacted and set up for poor lifelong outcomes. This is despite recent years of reform, which unfortunately has not been co-designed effectively with disabled people, nor has it addressed systemic concerns for inclusivity.

Accessible housing is critical for disabled people to be healthy, safe and secure and to participate in their communities. There are simply not enough suitable homes available for the people who need them.

Seclusion and restraint continue to be used in secure health and disability facilities. While fewer people are affected by these practices than by inequities in housing and education, it continues to cause significant harm. Of particular concern is the disproportionate use of seclusion and restraint for Māori.

While the other key themes are also vital, we urge the Government to immediately address the severe inequalities created by the current education and housing system, and the ongoing use of seclusion and restraint.

• Education (Red)

Key recommendation: introduce an enforceable right to inclusive education as a key element of the legislative framework, and ensures resource to attain equitable access.

Key recommendation: build co-design into every stage of the education reform process.

• Housing (Red)

Key recommendation: implement legislation requiring all newly built housing to conform to universal design standards (refer also Article 9).

• Seclusion and restraint (Red)

Key recommendation: strengthen its commitment to reduction of rates of restraint of persons with disabilities, and the rapid reduction, towards elimination, of use of seclusion in secure health and disability facilities, through robust, achievable and time bound policies.

• Data (Amber)

Key recommendation: restart the Disability Survey following each Census, commencing with the 2023 Census.

• Access to information and communication (Yellow)

Key recommendation: enable disabled people to communicate more effectively with government agencies by increasing the number of accessible formats available so that disabled people can express their views in New Zealand Sign Language, and use braille, Easy Read and audio formats to engage fully.

• Employment (Yellow)

Key recommendation: develop a comprehensive rights-based national disability employment strategy.

The IMM expects the response from the Government to the six priority areas to recognise the unique needs of marginalised groups, including disabled Māori and Pacific peoples.

Further examination of the key themes and a full list of recommendations are set out in the following sections.

Key themes

Māori

It is the IMM’s view that the human rights of Māori, New Zealand’s indigenous people, are not being fully realised as set out in the Disability Convention, United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), and New Zealand’s founding constitutional document, Te Tiriti o Waitangi (Treaty of Waitangi). Compared to non-Māori, Māori have higher rates of disability, poverty, suicide and unemployment, and they have lower life expectancy. Tāngata whaikaha (disabled Māori) are further marginalised, faring worse than their non-disabled Māori peers, with lower labour force participation and lower rates of educational achievement. The IMM is concerned that barriers to full citizenship are still in place, which need to be removed in order to address these inequities.

Māori need to be able to access the right resources to allow self-determined solutions to address historical and persistent inequalities, and to be involved in decision- and policy-making processes. There are some initiatives in place to tackle entrenched inequities, including:

⦁ Whāia Te Ao Mārama 2018 to 2022: the Māori Disability Action Plan – one of its aims is to increase tāngata whaikaha participation in the development of health and disability services and increase provision of disability support services that are responsive to te ao Māori.

⦁ Wai 2575 Health Services and Outcomes Kaupapa Inquiry (Wai 2575) has also highlighted the lack of robust data around Māori disability issues by the claims lodged with the Waitangi Tribunal.

In order to monitor outcomes of tāngata whaikaha effectively, the IMM needs quality disaggregated data to ensure tāngata whaikaha can enjoy their human rights on an equal basis with others.

Pacific peoples

The IMM is aware that Pacific disabled peoples share many experiences with tāngata whaikaha. Cultural differences and language barriers can preclude Pacific disabled people and their families from being able to navigate often complex processes to access appropriate health and support services. Low cultural competence in many service providers also affects the ability of Pacific disabled peoples to fully participate in community and public life on an equal basis with others.

However, progress is being made, including the updating of the Faiva Ora 2016–2021 National Pasifika Disability Plan. It is hoped that this plan will enhance engagement with Pacific disabled peoples and enable people to access the services they need to realise their human rights.

Lack of disaggregated data continues to be an area of concern for the IMM, as in its absence it is difficult to monitor progress of the realisation of the rights of Pacific disabled peoples.

Education—refer Article 24

An enforceable right to inclusive education for students with disabilities is a key priority for the IMM.

The Education Act 1989 protects the right of all people to enrol and receive education at any school. However, the current legislative framework does not explicitly incorporate inclusive education or reasonable accommodation principles. There are a number of challenges including a lack of appropriate legislation, teacher training, data collection and funding.

Many disabled people and advocates are disillusioned with the lack of practical action regarding inclusivity in education. Small-scale interventions, such as better coordination of existing services and supports, additional support staff, and spending on existing property are positive steps but do not go far enough. Multiple aspects of the modern teaching and learning environment in New Zealand must be addressed so that all students can shine.

Housing—refer Article 19

It is crucial for disabled people to be able to live where they choose and have the support they need.

While there is nothing in New Zealand law preventing disabled people from living in a place of their choosing. The IMM is concerned that there are affordability, accessibility, and support issues that often create significant barriers to disabled people being able to realise this right.

There is also a long waiting list for government-owned housing stock, much of which will not meet the needs of disabled residents. Private landlords are often unwilling to have modifications made to their properties.

Seclusion and restraint—refer Articles 15, 24 and 25

The IMM is concerned at the continued use of seclusion and restraint practices in New Zealand prisons and healthcare facilities. Although there are often alternative options available to manage challenging behaviour, seclusion and restraint are not always used only as a last resort.

We have particular concerns about prisoners in Intervention and Support Units (ISU – previously known as At Risk Units), where prisoners are essentially held in solitary confinement, alone in their cell up to 22–24 hours a day, watched on camera, including when toileting. The physical and material conditions in these units, where vulnerable prisoners are housed, are identical to those in segregation units and breach international standards. Mandela Rule 45(2) explicitly prohibits the placement of prisoners with physical or mental disabilities in solitary confinement.

Seclusion and restraint are sometimes used in health and disability places of detention. The Health Quality & Safety Commission is working with Te Pou o te Whakaaro Nui and district health boards to reduce the use of seclusion and restraint with its initiative Zero seclusion: Towards eliminating seclusion by 2020. This project sets an aspirational target that is unlikely to be achieved in its set timeframe.

Data—refer Article 31

The IMM is aware that there are significant gaps in disaggregated disability data in New Zealand, including in housing, education, employment, and intersectional issues. This is compounded by the lack of a commonly accepted definition of ‘disability’ by public and private interests, making it difficult to do any kind of comparison between services. The absence of useful data has a negative impact on the quality of government policy and decision-making, and the ability of service providers to target services for disabled people. It also makes it difficult to accurately measure New Zealand’s progress in implementing the rights in the Disability Convention.

The Government has committed to working with agencies and experts to collect data for all 29 measures identified in the New Zealand Disability Strategy 2016–2026. The Disability Data and Evidence Working Group was set up in 2015, with a focus on gathering data and evidence in order to develop effective policy and services to meet the identified needs of disabled people.

Access to information and communication—refer Article 9

Disabled people have the right to express their opinions, and to seek, receive, and share information in forms that they can understand and use. Missing out on information, and being unable to express opinions, prevent disabled people from participating fully as citizens and limit their ability to interact with both government and wider society independently.

It is the IMM’s view that a whole-of-government approach and legislation are required to ensure accessibility in the two-way flow of information, including government information and information in the broader public arena.

The Government has indicated that it hopes the introduction of its Accessibility Charter will provide increased access to information, with a focus on increasing provision of government information in Easy Read, braille, New Zealand Sign Language, and audio formats. It is also working with stakeholders to consider the possibility of introducing accessibility legislation to improve access to information.

Employment—refer Article 27

That IMM is concerned that disabled people experience significant inequities in labour force participation, employment rates and income. This is due to factors such as employer bias, inaccessibility, and inflexible support policies. Being unemployed or underemployed constrains other life choices and impacts on the right to an adequate standard of living.

Employment not only has a positive impact on disabled people’s lives, but there would be fiscal benefit of $1.45 billion per year if the participation of disabled people in the labour market was equalised.10 However, investment in labour market strategies in New Zealand remains low.

There are positive initiatives underway in the public sector, such as internships for disabled people, and toolkits to build employer knowledge and confidence, and there is also some interest from the private sector. However, current initiatives are yet to yield significant or reliably durable shifts in employment outcomes, indicating the need to maintain focus on and resources for improving employment opportunities. Serious consideration to instituting temporary special measures or affirmative actions is also warranted.

The IMM supports the creation of a disability employment strategy to bring coherence across the actions of many stakeholders in employment.

Other areas of concern

It is not feasible to present all the areas of progress in disability rights in New Zealand in this report. Nor can this report comprehensively document each and every one of the many barriers that continue to prevent disabled people living full and barrier-free lives in New Zealand.

In addition to the IMM’s six key areas of concerns, there are a number of other issues consistently raised regarding the implementation and full realisation of the Disability Convention in New Zealand.

To give opportunity for disabled people to voice their concerns and issues, the IMM held a series of hui around New Zealand in 2019. We also conducted an online survey. This feedback has helped inform the present report.