Exhausting domestic remedies

Before you make a complaint to the UN Disability Committee or any other UN Committee, you must have exhausted all domestic remedies. This means that you have tried to resolve your complaint with all the right agencies in New Zealand and, if allowable, have taken your complaint to a court or tribunal.

For example, if your complaint is about a government agency then you need to follow the complaints process of that particular agency. If you cannot sort out your problem by doing this, then you can ask that an Ombudsman or another suitable independent complaints-handling body look into your complaint. If your issue is still not resolved, then your next step might be to make a complaint using the CRPD-OP.

Another example is where you believe your human rights have been abused or denied because of your disability. If you think this has happened, you can make a complaint to the Human Rights Commission. You may then be invited to take part in a mediation process with the agency or organisation involved to try and resolve your complaint. If you and the organisation or agency are not able to resolve the complaint through mediation then you can take your complaint to the Human Rights Review Tribunal. If your issue is still not resolved, you then have the opportunity to make a complaint to the UN Disability Committee.

The UN Disability Committee will not normally examine complaints if all domestic remedies have not been exhausted. However, if you think this would take too long or not give you the right solution to your complaint you will need to give your reasons for this to the UN Disability Committee.